Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-25
THE ARGUMENTS
In THE
Raymond--Hermes Case
THURSDAYS PROCEEDINGS.
Abstract Of Remarks by Judge Pitzer.

the ground to travel the world over, and
returned in 1870. Then q contract was
let to sins shaft on the Panaca, and
shaft was sunk 100 feet down, and work
continued until November of that year,
when the Panaca ground was again given
up. On the 7th Of January, 1871, Light
ner arrived here and took possession of
the Companys property. Then Mr..
Walker, who had been ON the ground
continually, took Lightner over the
ground. A superintendent is presumed
to know the property of his principal.
Walker knew all about the Panaca claim.
He said that he had exhausted himself,
after spending $4,000, and then aban-
doned the enterprise. Lightner then
comes up here from Bullionville, ambi-
4 tious to vie with the Meadow Valley
/ Company, and used his best endeavors
to bring the Raymond Il Ely stock up.
Perley and Lightner from then managed
and directed the affairs of the Company |
SO that dividend of $3.50, 900 was declared |
the next July. In May, 1871, the Com
pany's alleged rights became involved,
when Perley asked Lightner where his
titles were. Lightner said the Raymond
a. Ely Company owned l, 2 and of the
Mammoth. They went up to the ground
together. The Meadow Valley Company
and others were threatening to encroaeh.
Lightner was then told to sink the Light
ner shaft, and he received not q word
from W. II. Raymond or the Raymond d
Ely Directors in regard to where the shaft
should be sunk. Not foot Of ground
did the Raymond & Ely then have ex-
cept the Burke, Creole and Mammoth
Nos. l, 2 and 3. THE attorney con-
tinued, claiming that the Raymond a
Ely Company owe their valuable property
to the vigilance and faithfulness of Per-
/ ley and Lightner. He said plaintiffs wit
nesses had all sworn that the Lightner
shaft was sunk on the Pulsifer claim,
when the opposing attorney interrupted
: him by saying not one of their witnesses
: had SO sworn. Thereupon Judge Pitzer
, explained from the original plat of the
Panacalocation and certain portions OF the
evidence that the Lightner shaft could not
have been sunk on the Pulsifer ground.
Now, do plaintiffs claim titles in this
l case on any claims but the Hamln and
: Pulsifer grounds2 Reads affidavts used
in the McDermott case stating positively
y that the Lightner shaft does not enter
either Hamlin or Pulsifer grounds.
Since the original location, the Panaca
!
y end, which throws the Lightner shaft
4 entirely off the ground appropriated
under the Meadow Valley mining laws?
=. That is fact that they cannot get around.
Alpheus Bull, the President of the Com
&c pany, himself positively swears in this
If affidavit [whick attorney reads that the
% Panaca location is worthless. He says
D. that he is satisfied that the old Panaca
T. titles are made invalid by lapse of time,
It if they were worth anything in the first
,e place. He afterwards claims under foul
le titles which he says are distinct and para.
e. mount to the Panaca title. Reads an
affidavit of the Secretary of the Raymond
& Ely Company Thus the President
Il OF the Raymond e. Ely Company, the
N Secretary, Henry Raymond himself
Mt their general superintendent, their attor-
neys, all come into the McDermott case
- and positively disclaim any right undel
Is the old Panaca location; they all ther
"a pronounced the Panaca titles worthless
4 and Invalid We were of the same opin
us ion ut that time, and are yet. Now, tLt
attorneys for the plaintiffs would have
- YOU believe that VIM. H. Raymond wa.
II crazy when he deposed, and that Alpheu'
~ Bull, and the other officers of the Ray
vs. mond & Ely Company, swore to an inia
H. nous lie, in the answer in the MeDer
.r. mott case. l regret that l have to con
en- ment on the Inconsistency of VIM. H
he Raymond's testimony as given then ant
ns in this case but am sworn to be true tt
my clients, and duty eompels me to d'
so. You, gentlemen, have nothing to d.
IS with the standing of witnesses; if tn
q, President of the United States shout,
nd come before you and swear falsely yo'
ought not to show him more deferenc
w than the poorest wretch on earth. Ca
w you reconcile the course of VIM. Ii. Ray
mond in retaining to this day ID. W. Pei
ut, ley as his confidential attorney with hi
ar. constant attempts to villify him and sho'
= him up to the world as a "bilk?" At thi
nc very time Mr.. Perley, outside of this sui
'ue is Colonel Raymond's confidential attol
nv ney. That surprises you, does 1t? Whf
ch is Raymond's object in this? Does h
hope, at some future day, to move agains
IN. all the outside stockholders of the IA,
an mond Ely Company, get the entil
jim business in his own hands, and thu
strangle all the kittens that are left? an
is he counting on Mr.. Perley's assistant
'al. when the time for action arrives! An
or, why have the plaintiffs carefully avoide
proving that they knew the Hermes loc'
'hd ton was fraud when the corporatio
mes was organized? Did VIM. H. Raymon
les intimate, when Mr.. Hearst was invitin
ace him to become leading stakeholder
cor the Hermes Company, that we wei
re- claiming any portion OF his ground? NJ
,m- a syllable did he utter having that bea
all ing. But Lightner's salary, on the M
ays ton of Colonel Raymond himself, is il
creased Colonel Raymond, with almo
81. tears of gratitude, presents him with
-" watch worth five or six hundred dollar
'riy as reward for his faithfulness and int
y is hgent management of the affairs of Il
prs company. How, then, did they get
ted this charge Of fraud, which they nc
hly urge against us? Had it not been for Il
life shrewd management and indomitable e.
ser- ergy of Iightner and Perley, who, wit
out waiting for instructions from 81
:, Francisco, bought up adverse claims al
'ai' did everything else they could for II
re- advantage OF their employers, Raymoi
tate Il Ely stock would to-day be down to 5
the Gentlemen, they never thought OF dispr
La ing the Hermes title until they reach
leet the break, or cross-head.
= There His Honor announced that
was the usual time of noon recess.
~ AFTERNOON SESSION.
and In 1862 Hamlin and others survey
'ck, this ground; two years later two
here Sucker State pioneers arrived and ma
Gus. another claim to the ground; and in 10
OF some new corners arrived and abstract
0. and extracted all the ore in sight, a
Ia =, left it; and then Withe Walk
l"'N comes and spends $4,000, and he civ
ng it up, And then Professor Heusch
will sent for, is furnished sixty men, and
sum works two months trying to prove th
am the Panaca location Of 1864 is identi'
y with the Raymond & Ely vein. Heus
sars ha Hnds ora from level four to lie,