Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-17
The Great Mining Suit.
YESTERDAYS PROCEEDINGS.

Slo,oVV coHSiutrttioH, 10 De divided
among certain parties who were inter
ested in it; recollect the delivery of the
deed; the payment of the purchase
money was on the 18th or 14th of Sep
TENDER, 1871; Thompson Campbell made
out the deed and then went TO the Office
of Wells. Fargo d Co. to get out the
money which was paid day or two be-
fore the fire, sure.
Cross-examined.-- The fire was on the
10Th; don't remember on what day of
the week; sold ground to Hearst on the
18th or 14th; sold the claim day or
two before the fire; had not been treated
well by either party; don't know how
Hermes Company had treated me badly;
Colonel LiShtner and Clark had treated
me badly, and afterwards / would not
sell to them; Lightner told me that l
interfered with his road; all the bad
treatment was his telling the interfered
with his road; Mr. Clark put the dump
right in my shaft; Lightner told me that
he would give me $1,000 to leave the
country; l told him l was no thief,
was working that ground; Lightner says
| will give you money for this ground;
he said it belonged to the Raymond 4
Ely Co.: was DESTROYS of beating the
Panaca title; have an interest in destroy
ing the Panaca title; own 800 shares in
the Kentucky claim; l don't think that
if the Hermes gains this suit it will be
easier for the Kentucky to beat the Ray
mond & Ely; paid Cahill $500 from the
Hearst money; l authorized Cahill to
sell the ground first for $12, 600, and then
for SIC, 200; Sides paid me by order of
Hearst in Wells, Fargo & Co.'S Office,
where it used to be before the fire, on
Meadow Valley street, where Johnny
Lynch's chop-Louse is now.
| Redirect examination-There was at
that time considerable ill-feeling between
me and 1ightner aud Clarke, and is to
this day
Judge Pitzer testified that the great
fire occurred about 10 O'Clock on the
morning of the 10th of September, 1871
don't know on what day of the week
b. +. Sides.-Know Geo. Hearst, G..
Question, Thompson Campbell and Chas.
O'Nealy; am and have been agent OF
Wells. Fargo h Co. in Phoebe for oven
two years; when the money was advanced
to Hearst there were a party of three OF
four together at the time; Hearst, Cues
ton, and some one else, l think; it was
paid in coin and pant in checks; it was
paid on or before the 10Th Of September,
1871, the day Of the great fire; know that
because it was paid at the old Office on
Meadow Valley street before we left, that
is why am SO positive; the Office was
consumed in the fire; l received Hearst S
check on San Francisco; remember it was
on the 18th; Mr.. Lightner came first with
Mr.. Hearst to the office and introduced
him; l can't say positively whether Mr.
Lightner guaranteed the repayment Of
the money or endorsed the draft; they
Hearst and Lightner) generally came to
the office together; | presumed that Mr..
Hearst was good; don't know that re.
quired security; don't think that did
At this point the counsel for defense
proceeded to interrogate the witness as to
the value, if any, OF Hermes stock,
which was objected to by the counsel fol-
plaintiffs as Irrelevant, which objection
was sustained, and defendants excepted.
The only memorandum of the transaction
was letter concerning the check fol-
$40, las; can't say whether Lightner
guaranteed the check or did not; Light.
ner may have mentioned or said to lei
Hearst have $4,000, but don't think
he guaranteed it; they came in and had
some conversation about it, to the effect
that Hearst wanted $4,000; my impress.
sion is that they came in about pur-
chase they had made, and that they
wanted $4,000, and it was arranged OF
understood that / was to advance it to
Hearst on his check.
! Redirect examination meant that
Misunderstanding was at the time that
they were making the transaction to-
gether; by they l mean Mr.. Lightner and
| Hearst: / loaned the money to Hearst,
expecting to get his draft for it.
Colonel W. III. Raymond was called to
the stand to identify the signature Of -four
letters addressed to Lightner by Henry
Raymond, and also one from Colonel
Raymond to Mr.. Perley The letters
and every portion of them was objected to
by the counsel for the plaintiffs, on the
ground that anything that was said or ut
tered by Henry Raymond was irrelevant,
and if offered for the purpose of attack
ing his testimony, he being their own
witness, were inadmissible, and that they
ought to have been submitted to Henry
Raymond, when he made his deposition,
for explanation or denial; the objection
was by the Court sustained, to which rul-
ing the defendants duly excepted.
At this stage Of the proceedings the
Court adjourned until 3 p. m. The jury
in the meantime inspected the ground in
dispute, they being in charge of tho
proper officers.
AFTERNOON SESSION.
p. McCannon recalied-The work on
the Hermes shaft went on from the first
with but little interruption.
Peter Shirts sworn-I now reside near
the iron works in Iron county, Utah (;
first visited this mining district March 10,
1864; came with Box, Sherwood and VAN
denmark, arrived at the Warm Springs,
in Meadow Valley, March Is, 1864; on
the 10th started out and happened to
strike the old Indian trail, which leads
down to what is now know as Meadow
Valley street; found Sill on the ground !;
while up there made location; l peeled
tree with my knife and wrote notice
on the tree, and went back to camp; the
day 1 came up there was no one there
but Sill; put no name but my
own on the notice wrote on the
tree; on the 18th Of March, 1864, l think
there was not SINCE claim but my own
on the Shirts; never drove stake ON
the ground; had nothing TO do with
making the record book ut Salt Lake; l
was confined to my bed, and was not
able to get out; after getting well they
had sold some claims; l don't know how
many; they wrote something like certifi-
Gates. [Some papers were here shown to
the witness, who said that he did not
know Sherwood's writing.]
Howard Livingston sworn.--I would
not swear positively, but think the sig
nature was in Sherwood's writing.
ron the examination Of Shirts being re-
sumed, plaintiff, by its counsel, objected to
introduction of the papers as immaterial
and irrelevant; and, after some argument