Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-22

nary, 1871, the Raymond a. Ely Com
pany was formed, and appointed
Lightner superintendent, under the
suggestion of Colonel Raymond in June,
1871 co Gmenced the Lightner shaft, upon
which and the neighboring workings there
has been no cessation to the present
time. That the location OF the Hermes |
was not made until the ledge in the |
Lightner shaft was struck In noticing /
the testimony of the mining experts, |
who appeared for the defendant-after |
stating that that branch would be more |
fully treated by Mr.. Wren-the speaker
said that the defendant had attempted to
establish two propositions: One, that
the ledge did not come to the surface;
the other, that there was no tracing
showing the ledge in the open cut. This
was a fallacy, and he discussed the evil
dence by which it was proved SO to be.
The Court then took recess until z
O'Clock p. m.
AFTERNOON SESSION.
Colonel Thornton resumed his argu-
ment, and showed that the Panaca title
was good to this day, and described the
acts by which the same had been main
tanned, and the chain Of conveyance
through which the title was deraigned to
the 1850 feet claimed by the plaintiff;
that these acts and conveyances were
brought home to Perley, Rives and
Lightner and Of which they were bound
to take cognizance, however Perley
might exhibit "a pretended horror of the
extent of the locations of 1864. There
were but few in existence at the present
| lat aH. inc
fectual for the purpose of creating preju-
dice, and was only contemplate. The
learned counsel then discussed with
great legal acumen the equity portion of
the action, showing that the practice of
, this State was drawn from California and
New York and that the code had estab-
lished the principle of administering
legal and equitable relief in the same ac-
! ton; that Perley, as the salaried attorney,
and Lightner. as the superintendent, were
the trustees of the Raymond & Ely, and
/. that as such they were forbidden to &C.
quire or hold any titles adverse to their
, cestui que trust, and that if they did do
SO, all such adverse claims SO acquired
, would be held to inure to the benefit OF
: their cestui que trust, the Raymond Il
Ely Company. In support of the first
/, portion of this proposition, the counsel
: read Il number of letters from Lightnel
to Alpheus Bull, President of the com
, pany; also to Moulier, the Secretary
. and Colonel W. H. Raymond, citing the
q declarations of Perley and Lightner, az
!, shown in their evidence. He also reat
. q number of authorities showing the re
4 sponsibilities and duties which the Law
: placed upon them, owing to the tiduclar.
4 positions they held in the emplo.
Of the plaintiff. Passing on, Coone
!, Thornton reviewed the acquisi
I ton of the Monitor by Hearst
l stating that it was purchased by tn
!. friends of the plaintiff, while only tn
= title to a portion of the ground so bough
a was conveyed to it, The same with othe
4 adverse claims. Grouping these pur
# chases with the location of the Hermes
y the counsel said it was clear that tn
"a project to acquire the ground in contro
Al versy was formed before the Monte
purchase, which was shown 10y the date
# of the conveyances of the Hermes, au
3 that Hearst was equally implicated wit
r. Lightner and Perley IN the attemT
u to deprive the plaintiff of its right,
i that all attempts to place the Herme
=. Company in the position of bona fid
"A purchaser must end in failure, for tn
Is only consideration given was the issr
70 ance of stock, certificates costing moth
r. ing, to the very party tainted with tn
,e fraud. In support of these views tn
N counsel sifted the voluminous evidenc
At with great skill, winding up with an in
va FASHIONED strain OF eloquence which
,e seldom heard. He disentangled an
10 illustrated the intricacies of this con
"a plicated and important case with IL
of skill and precision Of master mind, ell
3. livening the whole with lofty fights,
n. which sarcasm, inveclive and hume
n- were happily mingled.
n Colonel Thornton spoke for nearly 81
Is hours, during which time the Cour
IN house was densely crowded with mo!
:, attentive audience