Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-12
-rup RAYMOND & ELY VS.. THE
KENTUCKY MINING COMPANY.
Judge Beatty's Decision.


IN yalue the mine very highly, but re-
fnsed to recommend purchase on &C.
count of the unsettled condition of the
conutry. Sherwood thereupon returned
ooain to the East, where he continued
his efforts to sell the property or an in
terest in 1t.
After September, 1866, vanjermark
was absent from the Meadow Valley dis
trict for four years; but during that time
he was in New York making efforts to
sell his interest in the Panaca.
1t does not appear that Hamblin, Shut
or the Boxes were on the ground subse-
ouent to July, 1864; but it is proved that
Hamblin always attached great value to
his interest in the Panaca up to the time
he sold to Raymond & Ely in December
and January so and 70.
1t does not appear that any of the
original locators on the Panaca did any
work under their locations or were ever
in the district after July 1864-at least
not for four or five years. After 1864 a
few miiers or prospectors were occa-
sionaly in the Meadow Vally district,
but no regular work was done till toward
the close of 1868, although locations of
claims were frequently made and re-
corded.
In 1868, a company composed of Cham
bard, Atkinson, Falls and Grange erect.
ed small smelling furnace in the vicin-
: ity Of the Panaca and extracted some ore
from the claim for the purpose of smelt.
ingit.
Tlis company made a number of loca-
.ions Of mining claims. Among the next
they located the Caroline ledge, Dec. 8,
1868 The existence Of this ledge was
indicated by line Of peculiar black
cropings traceable at intervals from a
point about fifty feet southeast of the
Panaca shaft for distance of about 400
feet in a southeast direction. In making
their location they built two monuments OF
rock on these groupings, one at the point
about fifty feet southeast of the Panaca
shaft, and the other at point four hun.
dred feet southeast of the first. They
claimed eight hundred feet OF the ledge,
extending four hundred feet each way
from the monument nearest the Panaca
shaft After making this location they
hired man named McLane to work on
the claim. He worked there for about
week and made cut along the crop.
pings Immediately west of the west mon.
ument. 4af, -.- 49,. d..
In January 1869. the locators of the
Caroline NADIA contract with j. r. Lee
and James Baker, giving them the right
to mine ore from the Caroline and their
other claims for a share of the proceeds
after smelling. FtG
After this contract Lee and Baker went
to work inthe cut made by NcLane on
the groupings of the Caroline and con.
tinued to work there until the 10th o
February 1869, when they concluded to
take the claim themselves.
In pursuance of that resolution they
built a monument on the ground abou
two feet south of the first Caroline mon
ument; that is, the one about fifty fee
southeast of the Panaca shaft, and placed
upon it the following notice:
NOTICE
We the undersigned claim 1000 feet OF
this lode, to run easterly and westerly
one claim for discovery, it to be divided
amongst the locators. We claim all dips
spurs, angles, with all privileges allowed
by the Meadow Valley District. Thi
lode to be known as the Kentucky Lode
d. N. LEE,
JAS. BAKER,
JOHN MCCALL,
--...4 A. G. AYR"
This notice was recorded the same la,
twas posted. Pa
Lee and Baker were the active agent
in making the location. Mccall and Ay
were allowed to unite with them for pay
ing the expenses of the recording. Chan
oard notified them, Immediately after tn
location, that they were on the Carolin
ground, as IN fact they were. Lee an,
Baker both testify that il was their inten
ton that their location monument shoult
mark the center of the claim. and n,
doubt such was their intention.
Under the Kentucky location, a larg
amount OF work was done in February
ana November and December 1869, Il
January and December 1870, in Januar
io.i' and continuously since Februar
ls'2, amounting in the aggregate /
aoout hundred thousand dollars
Everything that the mining laws requir
10 perfect and keep good q location ha
Seen done under the Kentucky location
py the locators and their successors, in
Guiding the defendant, which ON Apr
~ 1877, purchased the entire Kentuck
claim.
"a. March II, 1869, the miners of Mes
dow Valley District Organized a new al,
ulet' which they called the Ely Distric,
Tl aaa including the ground in controversy
ay hney also at the same time passed ne,
uoae Oh laws for the government of th
new district. but these laws contain n
posision affecting locations previousl
maue' Nor do any Of the subsequer
auiehdments to these laws affect in an
manner the locations involved in thi
controversy.
D In April 1870, John Ely and W. Il
raymond having purchased the interest
r. hamblin, Pulsifer, Gill, Gibbons an
,tiow, IN the Panaca location, put me
20 work on the old ranaca shaft. an
rom that time till they conveyed to tn
corporation plaintiff, january o. 1871
laI, pelued upwards of ten thousand do
on @ IN continuous work on that shal
"na aflits connected with it. After thei
oon,v,eyance to the plaintiff, the work wa
n'.nuously maa. prosecuted for the develoI
ment o. the ledge.
on tne I'd OF June 1871 Lightner, tn
mag inning superintendent OF plaintiff, con,
m,he lsheea the shaft since called by his nam
mons me present working shaft OF the Ra,
dr, d,ond 4 Ely mine-at point two huf
als1 ais y Ieet east and fifty feet north OF til
Old Panaca shaft.
soa, Az a depth Of one hundred feet il inte,
mous 1eo,ea the lode since known as the Ray
snhaa& Ina 4 Ely vein. The development
cronra;aently cronr;y made have proved that th
tb;. tbi;pplnes at the Panaca shaft are part {
u ,als vein, that instead Of running nesrl
au,,h son,h and m south its course is very slight
d;r .u oi west and north OF east with
w W. 70 the south Of about 7O'
Li.h,e LiJaen this vein was intsrsected in tn
fiist foiow;et shaft on September Is, 1871, h
bs.s notice was posted on the tin
shas over the mouth of the Liehtn,
NOTICE,
tbonnu nne Undersigned claim by location on
bsand bo,,nd feet upon the ledge cut in Ii