Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-26


not: it il not necessary that the trlcines
should be actually followed by the stakes;
but | merely desire you to note how
closely the testimony Of the defend
ants experts themselves conforms with
the CONF ctur, of the locators. Genth-
men, viii not further discuss the ex-
lstence OF ledge all the way from the /
Panaci shaft to incline NJ; You all know I
that it is there. Now, gentlemen, what /
ledge is that? The existence of no |
other ledge has been assumed. There is I
no other ledge. No attempt mas been
made to prove the existence Of another
ledge. Then, gentlemen of the jury, how
is it possible for you to come to any
other conclusion than that the one and
walls in that surface cut are the outcrop-
pings OF our vein. Only the ore ledge
has ever been found il the developments
below No one pretends that there is
more than one assure; and that assure is
the one the Lightner shaft is on, and it
is the one located by Sherwood and Van
denmark in 1864. Reads authorities
again, to show that the validity Of claims
cannot he Affected by developments prov
ing them to run differently from the spec
itications of the location notice. The
ledge is followed and taken, let it trend
as it may But the course of the ledge
along the surface developments almost
conforms with tine location notices, while
at some points below it does 50 exactly.
If there really were anything i'll all this
talk about swinging" titles the Digestion
could scarcely apply in this case, for with
us but little swinging" has been neoes-
sary. But whose ledge was Lightner
working on in 1871? Were We, through
Ligh,ner and Perley, our agents, from
Juns to August, 1871, spending our money
on u ledge or not? What ledge did the
ore come from that was brought up
the Lightner shaft? Were We working
on our own ledge, or not? No one dis
puted our right then, and have not since.
Now, gentlemen, / will direct your atten-
ton to map made by Colonel Lightner
in 1871. The map is posted before the
jury This, gentlemen, shows you that
Colonel Lightner then knew that the
Raymond Il Ely Company owned Mann
month Nos. !, and and the Panaca
ledge, and so he embraces all in his map
as the Company unquestionale prop
erty. Reads letter from Lightner TO
Raymond written in February, 1871.
Here Mr.. Lightner informs the Company
that they own the identical ground which
u few months later he claimed for the
Hermes location. lie was then, In the
name OF and for the company, develop
ing the very ledge portion of which he
has since tried to defraud us Of. BY his
own most deliberate confessions, COM
| mitted to ink and illustrated by maps OF
4 his own execution, he acknowledges that
the Hermes Company are claiming a part
of our ledge. Why, gentlemen, in the
face of these facts how can you hesitate
over your verdict? Actions speak louder
than words; However vehemently the
Hermes locators may protest that they
did not intend to take our property, We
cannot believe them for they ran then
drifts right into, while acting as oul
agents, and for us and in our name ex
tracted ores from, the very ground the.
now claim for the Hermes location. But
gentlemen, this letter and these maps arr
not our only evidence that they knev
they were claimin. our ground--througl
long course of correspondence witt
them they have over and over and tint
after time claimed for us this Herme
ground. Reads other letters from Col
Lightner, in which he says 1--WE have al
excellent title in the Panaca location
which is uudisputed." Through all o
Colonel Lightner's official relations wit
the Raymond 4 Ely Company, you wi
observe, he never pointed out defects Il
the Panaca location until after he caime
on our ledge as locator of the Hermes
on the other hand he studiously and con
tinuously tried to impress US with tn
idea that the Panaca title was excellent
and "undisputed. and paramount to al
others. Now gentlemen, our chief officer
and stockholders all lived in California
but we paid high salaries to Mr.. lightns
and Perey to act as our trusted and con
fidential agents here. We're not on
. interests safe in their hands? Thanks I
correct principles OF law they were pow
erless to permanently inJure US. Br
: how did they betray their trust? VIII!
gentlemen, they expended the yer
money that was put in their hands to d.
, velop our property to open mine whic
} they now claim as their own. They IA
. our fourth level right into the so-calle
Hermes location. And here they tai
J about lack of notice in our recorde
| titles! Is there any better notice tina
l actual possession and development
, Could they have had better proof that IL
: property was ours than the fact that, ,
S our agents, for us and in our name, the
+; were engaged in extracting ore from j
t Recess.
: AFTERNOON SESSION.
4 Judge Hardy, in the afternoon, made
r long and exhaustive argument, fortitit
t by authorities throughout. We have II,
r the space, if we had the ability, to
4 him full justice.
5 He commenced by discussing the rel
3 ton of mining laws passed subsequent
( the notice of location, saying that, a
g cording to the custom Of miners, Il
passage of laws Immediately after IL
: location related back to and governt
:, locations made by the same parties wi
!. adopted the subsequent laws. Reat
+ from California Reports sustaining tn
:, view; also the rules governing location
y Here we see it is sufficient that the me
d outlines OF the ground claimed be spec
] fed, and that it be in POSSESSION, to no
n against any subsequent conner. And
n is not necessary that the personal posse
a sion should be absolutely contInuor
d He need not enclose his ground, nor !
1t side on it; it is sufficient if work b
y actually been done. Now, it is unnect
Il sary for me to call our own witnesses
J. prove the validity Of the Panaca locatio
/, Old man Shirts, the strongest witness
Ie the defense, for whom they sent all t
"a way to Iron county, Utah, and who boa:
l. than he has been aMormon for Al veal
lie and is stills Mormon, comes on the sta
n and swears that he was here when t
y Panaca ledge was located, and that twel
+ claims were measured off each way fro
% the discovery stake. Did not they 81
70 the best evidence of their good faith
,e working on the property appropriate
ID This is also sufficiently shown by tn
d own testimony. They sunk shaft, r
le drifts, and extracted ore. Now, see Il
e, map, made by their own expert and 81
lie veyor. [Jury are shown the maj
IT n. IL. -