Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-08
The Great Mining Suit.
MONDAYS FuLLx PROCEEDINGS.
FORENOON SESSION

SUlluatlon contract; have seen IL as re-
corded in book A never saw the original;
had access to all the papers Of the Ray
mond Il Ely Company; made thorough
search for the consolidation contract, but
couldn't find it; last looked for it last
April; have no knowledge where it is.
Thomas Box, Stephen Sherwood and
L. M. Box were called for the plaintiffs
and sworn in regard to the consolidation
contract. They all testified to the for
nation and existence Of the original con
tract of consolidation and to its not being
in their possession or under their con
| troll.
Joseph Z. Patten called for plaintiff
put the record book in the safe after |
Mr.. Raymond gave it to me; there |
Were many old papers in the safe; can't
tell that saw the original consolidation |
contract; Colonel Raymond or Henry
Raymond wrote to me to give Mr.. Perley,
OF Perley d Rives all the mining papers.
Cross-examined-I examined many of
the papers given to Perley & Rives;
know what some of them Were; think
they did not refer to mining locations;
afterwards took the papers, ETC., back
home.
JIM. Vandemark caled-I have a copy
of the consolidation contract; it was
copied from book A; have it with me; it
is correct. Gives 1t to the attorney, and
it is offered in evidence.
Cross-examined-I didn't compare the
copy with the original with any one;
made the comparison myself; the copy
was made in the fall of 1870; don't re-
member that there were interlineations
in the record.
The copy was objected to as evidence,
because it does not appear to have been
signed by all the parties interested, is ir-
relevant, and the loss of the original has
not been sufficiently shown, etc. The
objections are substantially the same as
those against the admission of the copy
of the Panaca location.
Objections overruled and exceptions
} entered by defendants.
Judge CARRIER reads the copy Of the
consolidation contract.
, Direct examination of Vandemark re-
: sumed-Under that contract we did 80
or 100 days work.
J Cross-examinaton resumed-I left in
the latter part of July, 1864, to go to
New York; work was going on about the
time left; got back i'll September, 1865,
, think; Sherwood, Box and others were
III Tie camp wien ltlt, uou
the exact day ! left; it was after the Goth !;
don't think any Of the Panaca shaft had
, been sunk July 2, and but little had been
done on the northeast cut; a little dig
cling had been done in various places in
: down 10 feet when l left; when | left
! there was body of ore where the cut is !;
: when l came back that ore had been
, taken out.
r A. T. Eastlan called for plaintiffs--I
4 reside at Bullionville; am clerk for the
y RAYMOND & Ely Mining Company; was
: clerk August i, 1871; believe my name
p was used in locating the Hermes claim
learned the fact from Colonel Lightner;
]. have since conveyed it; conveyed it at
y Colonel Lightner's request; received no
/ consideration for the property.
n Louis Tardos called for plaintiffs
: have resided in Phoebe two years; am
e clerk for the Raymond & Ely Mining
6 Company; was here August l, 1871; was
!. located in the Hermes location; didn't
: know anything about it when l was 10.
r Gated; decided the property at Colonel
!. Lightner's request; received no consider
e alton in conveying the property.
II Judge Mesick moved to strike out thu
o evidence of Eastlan and Tardos, on thu
d ground that the plaintiffs must rely oil
1t their own right to recover, and canno
/, rely upon the wrong of any one else.
e Judge Hardy briefly replied.
Is Motion overruled, and exception EN-
t, tered.
e Direct examination of Louis Tardo.
d resumed-The ledge was struck in thu
IS Lightner shaft on the 18th of July, 1871
as near recolect.
l. Cross examination resumed i re
l. ceived an order for stock in the Herme
y Company this month; it was not under
Sc stood ON or about the time l conveyed
Ne my property in the Htrmes that l should
X receive stock; | received the order thi
Ne month-in April; | sold the order; 60
is $3.50; l got a note payable 20 day
D. after date; Mr.. Sides, of this place
= gave me the note; he is considered goo,
o. for that amount of money.
Direct resumed-I had not been con
e. suited with by counsel fore g. ting tn
Or order from Sides.
ir Henry Rivts called for plaintiffs re
~ side in Phoebe; am an attorney; can
Of say that in 1871 was a recognized attorne
l. of the Raymond & Ely Company; MI
ly Perley, my partner, was their attorney
rs the checks were drawn in his name indi
ry vidually; the receipts were divided b.
as tween us.
Sc Judge Mesick objected to questions i
n regard to the location and title of tn
Hermes, on the same ground that b
asked that the evidence of Eastlan an
no Tardos be stricken out.
. Judge CARRIER replied, saying that the
+ proposed to prove to the Court that Nj
IS Perley could not, while acting as alto
IS ney for the Raymond L. Ely Compan.
=. came and create interests adverse to thos
of the corporation employing him.
ne Judge Hardy said their title was pc
nd fectly good, but they proposed to sho
Ii that the defendants have no right to n
ed sail it, good or bad.
IN Colonel Thornton said the argumen
ay on their side should take its reguli
al course-that they would argue it ar
ng produce their authorities, whether the d
Ip- PENDANTS chose or not to fortify then
i'm selves on the opposite side.
lis Mr.. Perley said they would not argr
a the question on their side.
i'm Recess
en- AFTERNOON SESSION.
Is. Judge Hardy opened the argument
at favor OF admitting proof of the allegt
he Illegally and fraud by which the Herm,
cir Company acquired their title. He sa
Die he proposed to gain the ruling by the a
solute logic of the law. Gentlemen {
n the opposite side say If we have not
good title, We cannot get a title fro
'ye them. But We propose to show that thu
ras are in no position to controvert our It'll
his and that, therefore. it must, so far as tn,
nd are concerned, be held indefeasabl
80 He quotes 36 Cal. Reports, p. 1850 J
,al. an owner Of propertv. employed !,
OF agent, and that agent got friend to b
o in the property for his own (the agent
but benefit. at forced tax sale. The Il