Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-26
THE ARGUMENTS
Raymond.-Aermes Case.
FRIDAYS PROCEEDINGS.


do SO incidentally, as the occasion re-
quired, in following the line of his argu-
ment. You, gentlemen of the jury, are
to be the arbiters OF greater property in
terests, in this case, than were ever be-
fore in this country entrusted to a jury
in civil case, and We, as attorneys. have
and feel like responsibility. Gentle
men, for two days every appeal has been
made to your prejudices and passions.
You have been called on by Messrs
Bishop and Pitzer to try everything in
this case but the case itseh-to try
the Mormon Church, to try Brigham
Young, the authors Of the Mountain
Meadow massacre. You have been har-
sngued on the magnitude of interests
not now before you, but which might be
brought before future juries, instead OF
being appealed to in regard to the $50
feet of ground only that is involved in
this suit. This, gentlemen, is simply an
effort to corrupt you-to lead you to vio-
late the solemn oath you have all taken
to try the case on its own exclusive mel
its. But the opposition, in detailing the
immense extent of ground located in
| 1864, the abandonment of which we have
never denied, have been setting up ''a
man of straw" But when they did
come to the point, they tried to make
you believe the Panaca location was not
located in good faith. They would have
you believe that men would cross deserts
for hundreds of miles, would face dan
gers and submit to all manner OF hard
ships and privations, without purpose
Have we not proved that the Panaca To-
Gators came here, that they stafed off
1nl h.. nd Too ont
tons of ore? These facts they have not
pretended to deny. A shaft was sunk,
cuts were run, ore was extracted and
smelted, and more work than the law re-
quired was performed. And after work
had temporarily suspended on the
Panaca, who resumed work? Did Light
ner, Perley, McCannon, or any of those
men? Did not Colonel Raymond, in
1870, expend on the property at least
$4,000? Gentlemen, If you will now
give to those men that part OF the Panaca
location to which they set up claim in
1871, year after their generous EN-.
ployer had thus layishly expended his
money in its development, your action
will be the greatest legal monstrosity on
record. They refer to certain adverse
rights set up in 1870. But the Hermes
was not one of those adverse claims-it
had no existence until lS71-and how
can they urge those claims as giving
strength to the Hermes?
Mr.. Perley objects that the Panaca To-
cation was made before the district law:
were passed With all his learning 1t
don't know how to read and construe {
plain notice of mining location. Hi
logic is this-which he swore to and hi
advocates swear by that if you so GU
forty or fifty miles and discover ricl
mineral deposits, you cant make a vail,
claim on the spot, but must hurry bacl
to town here and make some laws first
Reads authority howing that location
. must be in accordance with local rules
where they exist, but are good where the,
do not exist, under future rules that ma,
: be adopted; and further, that under tn
, general usages of miners everywhere,
: reasonable extent of ground in a singl
claim, il accompanied by labor, ant
defined by physical boundaries, can b
appropriated and held without recor
| or laws. They talk to you about tn
y greed and rapacity of Colonel Raymond
Gentlemen, he has spent more money !
developing the mines of Lincoln count
4 than any ten men in it; he has neve
1 dumped" any man claim; he has pai
his own money for every piece of groun
he owns. Can the Hermes men say a
much? Did they ever buy any ground
: They bought up some claims with on
: money, some of which they gave US, am
kept the balance for themselves; bu
they never expended an honest dollar i
acquiring mining property. Bishop an
Pitzer made great flourish of the fat
/ that the Hermes is the only compan
s that ever lived long enough to conten
8 against the Panaca titles. And the
g might have told you that it is the only az
r verse company organized which has live
: and been sustained, because they hay
l. had hold of our purse almost from tt
Il beginning. They first appropriate OF
3 property, and then they organize con
pany and develop it with our capital.
it to be wondered at that they have live
"a and flourished and grown fat2 Now,
y word about what they call swingir
is titles" The prospector finds his Gro
s pings and gets some rich ore; he max
d claim and puts up his stakes and notice
" he thinks his stakes are on the line
Ie the ledge; but future development, unde
r ground work, proves he was mistaken
It's course. Here, then, is one of the
Swinging titles" The discoverer mu
il surrender his rights to the first com
O. who disputes the course of his vein al
!. locates an adverse claim according to
&c nov known direction. Because II
&c prospector cannot with omniscience loo
~ =. down far into the bowels of the earth
'' cannot establish certain rights. Gent
men, this position of the opposing coui
e. sci would seem too absurd to merit repl
ID but will give you the law on the sub]e.
I, Reads authorities showing that the dl
re coverer of vein will hold his propert
q. if the lode should trend in an entire
NJ different direction from what he suppos
and declared in his location notice
According to Mr.. Perley's evidence.
ok the spring of 1872 witnesses were sent
a throughout Utah, in accordance with
m suggestion Of my own, to como here a
n. go on the ground and fix the initial poi
n Of the Panaca location. Judge Har
read copy of letter written by hims'
in March, 1872, embodying such 81
ur gestion-remerking, "that shows yc
er gentlemen, whether / ever denied
no validity and importance of the Pana
10 location."1 Mr.. Perley then, very sing
90 larly, came TO the conclusion that
100 initial point could not be fixed; but
March, 1873, when the Raymond Il
RI, Company have faithful attorneys in G.
4 Der, Thornton and Kelley, the witness
are again got together, and they at OF
~ point out the spot where the first sta
was set, know every foot Of the grou
measured off, and, in straightforws
and cOrroboratiye testimony, tell you
to amount of work done, where it was dol
and all other particulars regarding
n location and first development Of
~ Panaca lode. Now, If Mr.. Perley was
anxious to serve his employers, why {
he, when there was no necessity Of
doing so, ever frame the answer in