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

TwENTy-FIFTH DAY OF TRIAL.

Thornton opened the argument for the
plaintiff. The learned counsel, by max
ing some appropriate remarks respecting
the great length of tho trial, which had
already lasted four weeks, which were
consumed in taking the testimony. Col.
Thornton stated that in the present
argument he would pursue the same Or
der he had mapped out in the opening of
the case; he would, therefore, LIST, dis
cuss the facts relating to the title of the
Panaca and its location; and in the sec
ond place, examine the title of the de-
PENDANTS which, as a defense he believed
was unexampled in its total absence of
merit monstrous in its birth and re-
pellant in the fraud and iniquity of its
history. The learnedand eloquent coun-
sci then went on to describe the first loca-
ton Of the Panaca; the formation of the
mining laws of Meadow Valley District;
the parties present on both occasions,
and taking part in the proceedings; |
the return OF the Sherwood-Box prospect.
ing party to Salt Lake City; the work Of
making records and transcribing the laws |
of the new district; then the journey back
again to the scene OF action. In this re-
cital the eloquent speaker showed how
striking was the agreement Of the princi-
pal witnesses as regards the main facts,
aud that the variance in the minor de-
tails was rather more corroborative Of the
truth of their statements than otherwise.
All the acts of the Sherwood party,
relating to the location of
claims in the first instance, the
making of the laws and record thereof
were to be regarded as contemporaneous
and parts of the same preceding. That
these acts were conceived and executed
in good faith, with an honest inten-
ton to develop and reap the benefit of
the valuable discoveries SO made, and
were not to be stigmatized as false, frau
dulent and merely trumped up locations;
spithets which the counsel for the de-
tense had SO freely bestowed upon the
transactions in question. After reading
the record of the original notices, the
speaker said that they were not void for
uncertainty; they contained names, dates,
and description of the ground sought
to be appropriated, and had all the re-
quisites required by the laws of the dis
trict, and the Acts of Congress. There
was enough in them to put all strangers
who honestly sought to ascertain the true
boundaries upon inquiry, and who, upon
taking the usual steps and inquiries
could easily ascertain the extent and
position of the ground so claimed. That
though Messrs. Perley and Rives had
each testified that the notices were false,
fraudulent, void for uncertainty, etc.; yet
upon cross-examination, they had to admit
they could find the locations if they took
q witness upon the ground to designate
! init al int hat al har
claims, it was necessary to have the
starting point fixed, which somebody had
to show and describe. That the calls OF
deed transferring real property were in
the same condition. To this point the
learned counsel cited Washburn on Real
Property. Ill, BAT, which referred to-
Mass, 1876. That Mr.. Sherwood, one OF
the locators, was resident of this place,
, and Mr.. Perley could have found Sher.
wood and with him could have found the
, location by merely walking on the ground
, Colonel Thornton then proceeded to ex
plain the condition of the notice as found
in the record, and to show that such act.
: could not vitiate or jeopardize the rights
, of those who had acquired vested inter
ests by proper compliance with the
laws of the district. That the assertion
of the counsel on the other side thai
such unauthorized action could deprive
locator in good faith of any of the
! rights so acquired, was about as strong
J as the rest Of the positions they hac
! taken. That the practice complained o
of locating parties not at the time pres
ent, was one that was as old and as gen
orally sanctioned as the history of min
ING on the coast. That such an eYcep
J ton came with an i'll grace from the lip,
$ of those engaged in the defense, as II
' the location of the Hermes, from
/ the fact that when that pre-
tended location was made the names
( of Eastlan, Tardos, Rives and Mar
Q tin were used, none OF whom wer
, on the ground, and two of them absen
from the State. That the objections 4
the record were groundless, for it con
: tanned every averment necessary to as
e certain the location, and was o substan
= tial record of the location, and conform
! able to the law OF the district. Return
" ing to the history OF the prospectin
:. party, Colonel Thornton said that tn
!, return to Salt Lake was matter of Ut
u cessty; that they were out Of provision
II and had not the necessary mining sur
70 plies to prospect their claims; that afte
l. their return to Salt Lake they immt
diately set to work to write up the
X record, and sent long distance to Aus
:, tin for powder, fuse and steel for drills
! and at great expense; that they n
g. turned SO soon as practicable, early
II June, 1864, and then at once proceede
le to open the Panaca claim, and pc
in formed from 800 to $1,000 worth {
l. work upon that location; that the law
re of the district only required $500 wortl
II and afterwards were amended so as
make that amount OF work title in fee
With reference to the Indian trouble
. the counsel showed how that Gener'
IL Conner had sent guard of % me
.? under Captain Hampstead; that the settl
m ment at St. George had been applied
le for protection, and had dispatcha
Is men to aid the exposed settle
in Meadow Valley. He relate
:. Indian raids, the murder of viii
:" men, the stealing of cattle, and Il
ly troubles generally. That the owners
is the Panaca moved to Meadow Vale
IS staid there until the Spring and SUNNI
ed of 1865. That they teuaclously hung
" their claims like enthusiasts, as thu
fe were. That they passed laws to prevel
r. relocation, and made persistent efforts
enlist the aid Of capital from Chicago an
;, New York. That vandemark went
III New York two or three times for tn
e. purpose; that Stephen Sherwood went
te Chicago and Waukegan, Illinois, for Il
be same purpose, but all without success
"a the final results. Though Mr.. SherwoG
et induced company, organized at Wauk
gan, Illinois, to send out Mr.. Hutchil
as their representative, and he was W,
o. pleased with the location. the great dl
nd lance and indian troubles so discourage
X, the company that nothing was done. Tl
re learned counsel then described the visi
Is. of others to the locality; the shipment
OF ore to Salt Lake, its reduction and 9th
incidents, during the four or five yea
ot Vandemark and Sherwood were vain
- 81 st. -.