Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-24

Abstract of Remarks by Mr.. Wren.
Mr. Wren opened by saying he would,
il Jud. &c Bishop were present, pay his
compliments to him; but, inasmuch
as he was absent, he would desist, and
probably not refer to him at all. II any
attorney has been hired in this case as a
blackguard, the public will probably
now who he is when the trial is termin-
aisd.
1t has been an unwilling, unpleasant
task for us, as attorneys for the plaintiffs
to make the charges which, as proved,
show that the defendants through fraud,
from the beginning to the end, and while
acting as confidential agents, have set up
a claim to property which is rightly ours.
To support their pretended right, they
have no other appeals to make to an in
telligent jury than those of prejudice. |
Because some of the locators of the Pan |
AGA ledge were Mormons, they would have |
YOU divest them Of their rights by virtue |
of that location-a location made and
maintained in the face of dangres and
many difficulties. In supporting their
side of the case the defense are compelled
to resort to all kinds of misrepresenta-
ton. Mr.. Bishop said Sherwood and
party, in coming here, had jumped Ham
Inns claim. Was it not in the evidence
that Hamlin was a party in interest in
making the location, and heartily con-
Cured with all that was done on the day
of location, and afterwards? Another OBJ
lection to the validity of the location is
that the ground was not staked OF with
sufficient particularly. Was not that
stalking and measuring done by those
constituting the Meadow Valley Mining
District in a body? May not the mlneis
OF district fix their own rules and regu-
lations to govern the stalking and meas
uring of claims? Will any attorney pre-
tend to deny that they have the right to
do so, and will any practical miner say
that it is not the practice for them to ex-
ercise that right? Then they say the no.
tice of location was void for uncertainty.
ANY one could have taken a copy of the
notice as recorded and then gone on the
ground, or first acquainted himself with
the ground and then read the notice, aud
been fully warned and informed of the
various appropriations. Then was the
record law vindicuted, to the fullest ex-
tent. The location was fraud, they say.
How was it fraud? The ground was
unclaimed, except by Hamhn, and he
came in and secured interests with the
first locators. So, practically, it was as
subject to appropriation as is any mining
ground when looked over by claimants for
the first time. Then, what was done
after location? Did not the locators, at
the peril of their lives take out ore, run
cuts along the surface, and make distant
trips to try and bring capital to the
ground? They worked their mines to
the fullest extent of their ability. Again,
the defense strangely sets up as an excuse
for their bold-faced fraud the charge that
: the pioneers OF this district located more
ground than they could have developed,
under any circumstances. Is 1t not a
universal rule for miners, on making new
I discoveries, to stake off ground. on all
leads found, for themselves and friends
Has not this always been done, and will
, it not continue to be done, as long a'
prospecting continues? And this uni
versal practice is stigmatized as fraud.
Fraud, indeed A graceful charge tc
J come from the defendants-from men
I who. worming themselves into the conf.
dence of their employers, ana thus post
, ing themselves on all the weaknesses OF
, the titles of the property from which,
, through the misplaced confidence OF thost
. employers, they were making their living
! try to steal large portion OF their gen
/ erous employer substance! Raymond :
money was feeding Lightncr, Raymond (
money was feeding Percy, his money
was being freely expended, and all ener
: eies we're being given to the development
! of this district, when this gigantic fraud
, and attempt at wholesale robbery was
concocted. Mr.. Lightner now modestly
preteuds that III using the money OF his
employer, and following his employer
8 advice, he has made for himself some
r sort of right to have this stealing legal
: lied. And while this robbing scheme was
+, planning, Mr.. Lightner's salary was be
i ing increased, and he was made the re
cipient of costly presents from his EN-
ployer. Among the latter, the defens
seem especially pleased to refer to val
liable gold watch, given by Colonel Ray
mond to Colonel Lightner. When tina
$ watch was given it was mark OF tn
e donors confidence and friendship. Wha
J. can it now be but badge of the carrier
= degradation? Mr. Perey, another arch
IS consplrator, was also treated by his EN-
!, ployer, who he now seeks so grossly
J. deiraud and wrong, most generously. A
one time he was presented with chez
" for S., 600. And these are the men VIII
: come into court Of JUSTICE and talk
y fraud. The defense say the Panaca loei
n lions were void, because all whose name
ic were attached to the location notice WEI
m not miners. Is Mr. Perley miner? ID
10 he ever stick pick in the grount
E. with the view of working as a miner
And did he not go on the record as on
of the first locators of the tilcbed He
al mes? Was he not at that time, instea
t. of working for living like an homes
" miner, living off and enrlching himse
lie from the bounty of the employer whol
f. he was, and has been, trying, throug
fraud, to dispossess OF some OF his mo-
valuable property? There is not syll
:, BILE in the testimony adduced to warral
~ the assumption that any of the origin
ly locators of the Panaca ever intended
is abandon it--by their own locating wi
Is ness, Shirts, they have utterly failed
ed establish such an assumption; on Il
" other hand, withtheir lives in their hand
fe and against all kinds Of difficulties, Il
r. original locators chung to their proper
and performed more labor than was r
:, ouired by the laws of the district. Thu
Ill urge, as another argument against the '
e. lidity of the Panaca location, that the
tie cation did not state exactly the cour
he that it was proved the ledge took by +
"a ture developments. If all mining pro
,et erty were to be invalidated on that groul
it would be impossible to find safe mi
ing titles anywhere. The location mott
re- reads "northerly and southerly,"
nd mode of expression which the origin
*. locators correctly supposed. as they t.
re titled, would give them the ledge,
Is it trend or change its cour
of below as it might. And the fraudule
Hermes location was itself moudele
u, in this particular, exactly after the T
cA naca location, But the under-grou