Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-18
The Great Mining Suit.
YESTERDAYS PROCEEDINGS.

Mr.. PeIley, the witness related the cir /
cumstances of the location of the Man,
moth on the 18th Of June, 1864, and that |
be had seen the record of it, and some |
Of the locators of the Panaca were also !
| in the Mammoth. and that some of them |
worked on the Mammoth and were cog
infant of the work thereon. Record Of |
notice of location of Mammoth was read |
to the jury. The witnesses then testified |
respecting the location of the Millionaire |
lode.
Stephen Sherwood was called as to the
record Of the Millionaire notice, which
was afterwards read to the jury.
The examination of Vandemark was
then resumed. and he testified as to the
declarations of Hamlin respecting the
discovery of the Panaca, and to the
views Of the Mormons on mining mat
tiers. Also that he had placed a stake at
the point where he thought the original
Box stake was driven. On ross-exam-
ination he stated that he put the stake
on the ground by request of Mr.. Perley;
Hamlin told him in 1S64-5 that he want
ed witness to go to New York to sell the
claims; went to New York last time in
1865, and stayed there four years; was
trying all the time to sell the claims; he
was interested with Hamlin among
others; took samples of ore to New York;
knew of Hamlin having ore hauled to
Salt Lake; half of it was sent to Stock
ton, Utah, to smelt, to Captain Johns
smelling works, from which 500 pounds
Of base bullion was obtained; knew there
was silver in it from it being assayed
On being re-examined in chief, the wit
ness stated what Hamlin said about the
transaction between him and Howard
Livingston. The witness was examined
repeatedly on this matter.
c. W. Lightner was recalled, and
stated the circumstances of marking out
the course of the Panaca ledge, as point
, ed out by Ivens, Hamlin and Pulsifer in
April, 1871; he did not make the survey
until few days since; did it from data
pointed out about year ago.
W. H. Clark was recalled and testified
that he estimated the value of the work
{, done on the Hermes shaft, at the time
he took charge on January 22d, 1872, at
$4,000.
t After which the Court adjourned until
D 2 o'clock p. IN.
AFTERNOON SESSION.
: L. Tagliabue was called and examined
D I,
etc. A map was then exhibited by the
defendant showing the tracings be-
!. tween the Panaca shaft and in
cline NJ. The witness here explained
the map to the jury.
W. S. Reyes was then called and ex-
amined as a mining expert. After stating
where he had studied and the places
c where he had practiced as mining en-
I ~ l. &l.,V II
"a location and the work called tracing be-
II tween the old Panaca shaft and incline
Il he had made 145 assays from samples
q taken from the cut and other workings,
, also caused 30 or go more to be made by
Messrs Howe and Butler. The witness
!, then stated the results OF these assays
:. and described the places from whence
u they were taken. In describing the cu
between the old Panaca shaft and incline
l. Nj the witness divided it into three sec
i tons: LIST From Panaca shaft to poin
70, in which there was RI trace of vein
q from point 10 to point %, i'll which there
1t were some indications of Il vein, an,
y from point 92 to incline NJ, in which ht
Ie said there was none The witness gave
Al it as his opinion that there was no con
J. tinuous vein between the two points
known as the Panaca shaft and inclin,
q NJ. On being requested to give his rea
: sons on this opinion he said that b,
% based it on the peculiarities OF the cut
If which he had very closely inspected, anC
a. proceeded to describe them. After this
T. witness read the results of number o
,s assays of samples taken from the surfac,
in the neighborhood OF the Panac;
shaft with view to show that such sur
- face indications were unreliable to prov,
Al an ore connection, much less the pre-
l. ence of q vein. That finding samples
F" from which small assays could be made
" was not proof of the existence of an.
vein vein which could be character
lied as true fissure vein ought to hav
u walls gangue, and should contain va
al liable mineral and something worth min
IL ing He did not find that from Panac
shaft to incline Nj, nor from the surfac
at incline Nj to point 90 feet down tina
~ incline; at point particularly not. II
d, could not find walls anywhere in the GU
e. but only isolated punches of ore, whic
nj were the nearest approach to a veil
There was no connection between til
" bodies of ore found in the cut, which
necessary to make one vein; vein mu
have gangue, though it may be barrel
n. and must have walls, for if there are Il
= walls that is practically the end of IL
10 assure or vein.
a Cross-examined- reply to question
N. by Mr.. Wren, the witness stated that l
til studied in Freiberg under the faculty, il
I'M Guiding Professor Voncotta; he consi'
de cred the latter the finest theorist of Il
of century; knew his book; considered
bv authority from theoretical standpoint
~ and that the facts stated therein as fac
an were correct. The witness then state
We his views Of what he considered to
at. true fissure veins. The Raymond
he Ely vein is nearly at iisht-angles wit
to the qualification of the country-rocl
m the vein dips at an angle of about 50
la so degrees; this vein has no gangue:
ire one sense q vein must have gangue, al
la, in that view the gansue of this vein
quartz; don't find clay or clay-sate I
:. shale within the walls. Here the wi
~ ness was shown several samples of roe
ny some OF which he recognized as beir
is similar in character to that found in Il
RS cut and other workings, and others !
ed did not The witness then gave b
lily opinion of the characteristics of the Gu
life incline M, first level and shaft j with r
err gard to the color of the country-rock
and near the cut, the dip of the roc
80 therein, and the existence of ledg
10, also as to the presence Of galena in Il
nd cut. In regard to taking samples fl
TX, assay, the witness said he took the
ere clean across the cut; that he did not pu
US. posely pick up barren rock; that Mr.. A
OF drews did not tell him on the surfa
that it was no use assaying such rock
,ck he selected, because he (Andrews) kne
that there was nothing in such sampl
ga beforehand; thought Andrews said tn
will to Clark; Clark told me Of it when goil
In into the mine. The witness was tn
IN examined as to the appearance al
otru cture Of the Raymond e. Ely We