Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1873-06-01

ny hSiCCtitCht VI lhtItitSs thC liouIS
for arguin were fixed at from one to
five o'clock, and from eve to nine
o'clock p. NJ.
Judge McKenney instructed the
attorneys o hand in their instructions
for the jury to him at IL o'clock /; that
it had been a practice with him to get
the instructions from the attorneys
before the arguments were begun,
and that i'm tiis case particularly he
desired it to be done.
Adjourned at 1880, to meet at 1
o'clock p. NJ.
AFTERNOON LESION.
The court met at 1 o'clock. The
room was literally crammed with
spectators 4; Il crowd of persons who
could not gain admittance assembled
at each window outside, to see what
was to I've seen and hear what they
could. Quite Il sprinkling of the fair
sex added beauty and diversity to the
a~Ssemblage within the bar.
Defendants and plaintiffs submit
ted to the Court in writing their Objec-
tions to the others instructions for the
jury, and the argument was begun on
the part of the plaintiffs by
COLONEL THORNTON.
Mr.. Thornton spoke a few minutes
ove All hour. He aid :
We can only discuss the merits of
the case. Both parties have a right
to- go before a jury in fact. The ques-
ton is one which admits Of but very
little discussion; hut we will get to the
point Ivy sitting the few grains of
wheat from The bushels of chatf. We
enter this discussion with the utmost
confidence, although we have been
ruled out of two of our main PROPOSE
tions, and can't allude to- them now ;
but we accept to the ruling of the
Court we have no desire to sneak
from Justice. We claim n title to the
disputed ore superior to theirs. al
though they are clad i'm the arinOr of
legal technicalitieS. Our covenant we
lost j; and now it becomes a question
of title. We claim priority of location.
and strength of title, as compared
with theirs. The proposition is as
broad and general as the casing air,
that first in time first in right. We
located under the district mining laws
on the Goth of May, 1869. Mr.. Haley
testified that when he Located the
Richmond mine, he was cognizant of
the existence Of the Lookout claim.
We were first in location, and that is
recognized by all miners as guaran-
teeing prior title. If our ground is
taken, it must be by legal fraud and
not by jus ice. The first thing the de.
PENDANTS did was fraudulent. They
changed their company. and in so dis.
solving and forming anew they threw
out two of their fellOw-miners from
the new company. Such is the origin
of the Richmond Company. In trac-
ing their titles we do not question the
authority by which the Tip-Top de-
Scended to them, but we unheSitat-
ingly pronounce the Humboldt Il
jumping title and purchased by black
mail. The purity and priority of our
title must ever he recognized in law.
We now come to legal irifles. The
district laws, under which we locat-
ed, are good and not in conflict with
the laws of Congress, save in one sec
ton of the latter. The general law of
1866 provides for ledge locations, and
the amendment of 1870 for placers and
deposits. Whether ours is Il ledge or
a deposit remains for the jury to de-
eide. II the jury find it a ledge, then
it must be governed by the law relat-
ing to hedges, and if IA deposit, by the
law of 1871. The Court must instruct
the jury as to the application of these
laws. Two weeks testimony has
been introduced to prove what this
thing is which we contend for, and the
decision in this case may be reduced
to giving it a name. This important
oifi.e the jury now performs. We
from the matter of law. The Court
must dispose of the latter and the
jury the other. Congress, although it
grants 100 acres of land OF Il patent,
still gives power to the miners to
make local lawslo protect themselves
against a monopoly of the mineral
grounds, by q signaling how many
feet each indivi Tal shall holu-to
circumscribe and abreviate as thew
choose. This is Il matter Of reason
and Judgment. AS YOU find the ore
to he so vOu must render your verdict;
if it comes within the provisions OF
the law of 1870, then we must have ali
within II vertical lines. The Court
dering the VerGict-the jury to find
which law governs u nine, and the
Court to direct the application of that
1t our patent does not give us
the body OF ore, we have o ; we
are the first locatOrS. Our patent is
proof that we did all the work neces-
to hold our claim, for that must
he shown before the patent can issue.
1t is not necessary to have the crop
pings or apex within the lines OF the
to hold, for Il miner can, and
often does. to facilitate the work, go
on the side of the apex and locate and
hold his ground. We are The first dis
of the ledge, ii we have not
its apex. Tie first principle of min
ing rules i, that the 'irst ome shall
h i'd. We hedge them at every point
with our ,nvulnerable rights. Why
not defend ants. during the pen
dency OF this trial, worked their mine
to the north and south and developeda
ledge it they have one? We located
in May and they i'm September OF 1863:
making u priority manifest. Fraud
covering itself under IA panoply OF
gold cannot be recognized in this
court. The question is, who has the
best title to the ground, and not one of
/! If the ledge crops out in
their location and dips under ours.
they cannot follow it, because we are
in lOcation-we located on the
side and they III the summit.
Mr.. Thornton was followed by Judge
Hardy. who made a forcible but brief
nHIrnSS tn thn inrxy ON bnl,nlf nf thn