Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-05-01

character as snare specially designed to
entrap his generous employers. Could /
there be more striking illustration Of |
the policy, the justice and the morality |
of the rule, that attorneys. shall not reap
the fruits OF treachery to their clients, |
than is afforded by Mr. Perley's case? As
we'll might the priest betray the confess |
sional, or the physician the secrets Of the
household. ms the lawyer tie confidence
of his employers.
Hearst says that Raymond said he
would go into the Hermes Company for
ene-third of the stock. Colonel Ray
mond says he did not say SO. Now,
am Colonel Raymond's friend, and he is
my friend, but l fatter no man; he pays
me for what do for him, and endeavor
to give an equivalent in services. But l
know him TO be brave, true, honest
and honorable man; the sneaking arts
of deception and prevarication are not
his arts Compare him with Geo. Hearst,
the graduate Of the Comstock Mining
School-who has been SO extravagantly
eulogized by Judges Mesick and Lake.
II Colonel Raymond had been disposed
to surrender his rights to these intrig-
uers, if he had not determined to stub
bornly oppose and fight to the last their
dishonest and perfidious schemes. be
might have made n million Of dollars.
But Hearst stands before you as a DIS
credited and unreliable witness. First,
he makes positive statement about an
essential fact, and it is proved he was
wrong. He swears positively he
did not 60 into the mine before
the fire; but Lightner on cross
examination, admits that he took Hearst
into the mine before the fire; and Nc
Masters swears Hearst was taken into
the mine three or four days before the
fire. Hearst says he had no converse.
ton with Lightner and Perley about the
Hermes incorporation before the purchase
of the Monitor ground, and that state
ment we have nailed to the counter.
But Colonel Raymond's testimony stands
unassailed and unimpeachable.
Now, in regard to all the bubbles
about the Panaca title, many of which
are too trifing to merit any attention.
Judge Lake says the Panaca location was
bad, because there was no valid record,
though he admits that there was enough
work done under section - afterwards
repealed )of the district laws to have held
| it. Then the record was not exactly q
copy of the posted notice. Reads vari-
GUS authorities showing it is sufficient if
the spirit and substance Of the record law
are complied with. Discusses the point
at length, proving that no one shall take
advantage of mere irregularity of record,
much less those whose especial duty it is
to guard and protect titles underit. Our
record was sufficient for all who went, in
an honest way, to get correct informa-
ton, and could only be objected to by
those who sneaked to examine it in a
petty, clubbing, pettifogging spirit, try
ing to get somebody elss's property.
Unprecedented, Perley never could have
gone on the stand and swore he could not
find the ground. 1t was more perfect
and clear than nine out of ten of the min.
ing notices in this country.
Now, as to the Swinging about
which the defense have had SO much to
say, it scarcely, gentlemen of the jury,
as every one of you must know,
merits reply. The locator or purchaser
of ledge follows his property, wherever
it runs. We have simply taken our own
ledge - the ledge discovered by our
grantors-and do not trouble ourselves
about other peoples lodges.
Judge Mesick read you some law to
prove that two years non-user
worked abandonment. That decision
was rendered in case involving prop
erty which was not governed by local
rules, and, therefore, it has no applica-
ton in this case. Our ground had been
entered and thousands of dollars ex-
pended on it before the idea of Hermes
| location haI ortaral fha h,.o,y e
Perley and Lightner; and we have con-
clusively proved that We not only never
intended to, but never did, abandon it..
Judge CARRIER indicated at some
length, and with much force and clear
ness, the right of mining commu-
mites to govern their own affairs
in their own way. The talk
abont monopohzing the district,
under the amendments Of 1865, is all for
effect. Those amendments cannot, by
any possible construction, apply to more
than l, $50 feet of ground, and in this
particular case only2S0 feet are involved.
Judge CARRIER then wildly, but briefly,
portrayed the hardships the early loca-
tors of the Panaca submitted to, the la
Dor they performed. and the sacrifices
they made, in complying with the only
law under which they could hold their
property
But your verdict, gentlemen of the
jury. is not to decide the validity of the
claim to those l, $50 feet of ground; it is
not to decide our right to the $50 feet OF
ground Immediately involved; but, good
or bad, it is for you to say whether Light
ner and Perley could take it while acting
as our confidential agents.
1t has been fully proven that the ore
found by the Panaca locstors continues
to incline NJ, and from there it is follow
And then Judge CARRIER reviewed the
testimony of the experts on both sides,
showing that the ledge connection be-
tween the groupings and the workings
below was undoubtedly complete
Now, gentlemen of the jury, law,
justice, right and reason are with US.
No men unprecedented and filled with the
spirit of truth can find q verdict against
us. Colonel Raymond expends $40, ZOO
on the Panaca shaft; the Raymond &
Ely Company spend their money in find
ing valuable ledge, and they work
it for years; and Perley and Lightner
watch the shaft going down with their
employers money until the ledge is
struck; and then, ignoring the undoubted
title of the Company, they go and locate
lit for themselves. What nextp George
Hearst, the First Lieutenant of Haggin,
the great mining gambler and monopo-
list of San Francisco, comes to Phoebe,
and before he can wash the dust from
his face, Lightner is with him; and then
Hearst, Lightner, McCannon and Perley
meet in conclave and that gigantic swim
die the Hermes, with all its attendant de-
,ails of wickedness., is concocted Bag and
baggage our friends betray US and go over
to the enemy. They have got the Hermes
ground in their own hands--have bought