Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-23
The Great Mining Suit.
rwENTY-s,xTu DAY OF TRIAL.


Yesterday morning W. W. Bishop,
ESQ.,, commenced the argument for the |
defense. After short and pithy intro |
duction, referring to the controversy gen.
orally, the learned counsel said that the !
grantors Of the Raymond L. Ely ledge /
located a north and south ledge which |
was distinct and different from the ledge |
struck in the Lightner shaft, and which
crossed each other. That WIS evidence
of ledge extending from the Panaca
shalt TO incline NJ; for, though ore was
found there, it might have been from an
overflow, or gathered up by the riffs in
the shale. The counsel maintained that
the locators of the Panaca acquired no
right apart from actual possession, unless
the laws of the district were passed at
the time of the location; that the Local
ton was not made in good faith; that it
was done in accordance with the policy
of the Mormon Church, the members OF
which were opposed to mining, or that
the locations made by Vandemark, Sher-
wood and others were made for the pur-
pose of selling and not for working; that
by operation of the mining laws of
Meadow Valley District, passed subse-
quent to the location, an aban-
donment was the legal inference;
therefore, failing in that, the great
law of actual appropriation must
control. 1t was hard to tell to which
class the location belonged. If it was
made by American citizens, it would be
governed by the laws Of the United
States; if made by the Mormons, it
would be for Brigham Young, and he
would hold it for God Almighty Still,
in either case, the appropriation must
have physical marks and boundaries.
If the theory of the defense were
adopted, which the learned counsel stated
must be done, the location was invalid
and of no force. In support of these
views the speaker read at considerable
length from the case of Hess VS.. Winder,
making comments thereon, showing that
to constitute actual possession marks
denoting boundaries must bs visible,
and continued dominion exercised.
| The counsel then gave jocular descrip-
ton of Mother Lee defending young Box
from the Indians with a stick of stove
wood, and then denounced the location
of the Panaca as fraud and a fiction,
and that it always was swinging title,
sometimes here and sometimes there,
upon which enough work had not been
done to hold it, unless Vandemark' $
flying trips to New York, and Sherwood S
journeys to Chicago, We're called work.
The counsel then read from the Califor-
MIA and Nevada Reports, in support Of
these views. Mr.. Bishop then COM
mented, with great severity, on some OF
the witnesses for the plaintiff, and rid
iculed their testimony. He regarded
the tracing on the surface as of very
little importance-the other points OF
the defense being so strong. lie would
however, call attention to the seam o.
ore in the deep cut, the course Of which
was nearly north and south, and found
in the Panaca shaft some As feet down
and was again found in the Kentucky
cut. The counsel then gave a satirica
description of the open cut and the orr
found therein, and said that all tn
assays of any amount were from or
blown in from the Hermes dump. Tn
speaker then remarked that it was sin
gular that the plaintiff had not calle'
Wescoatt and Heusch to testify respect
ing the ledge west of the cut, whereupol
the counsel for plaintiff offered to cal
those gentlemen and examine them upol
the point. Mr.. Bishop then ridicnle'
. the tracings on the surface and said tina
such developments as made there woul
establish the existence OF ledge iron
: Panaca Flat to the Courthouse, as wei
as in the cut, Rewriting to the Location
of the Panaca, the counsel said 1t wa
intended to locate a north aud sout
; ledge, and no other, and read the motto
of the Millionaire ledge in support {
| this-also the Mammoth and Sherwoo
! locations. The learned counsel the
/ again discussed the cut and what
showed, and asserted the claim of tn
existence OF q defined ore connectio
was preposterous and not substantiate
by the facts.
r In the afternoon session, Mr.. Bisho
: resumed his argument and discussed II
e Panaca location, stating that it was Ii
a valid, under any or all laws or circun
stances, and read in supper, the laws I
the Meadow Valley District-and the
passed into general disquisition of Il
i Panaca titles, and the means and pc
II sons by whom they were acquired-al'
e of the laws of the Meadow Valley Di
v trict, arguing that the latter were MAJ
in the interest Of the Mormon Churc
Mr.. Bishop then ridiculed the DANCE
VI from the Indians in 1864 and 1865.
Al testified to by the witnesses for t
% plaintiff, and said il was all stuff, trump
up to excuse the damnable butehery
the Indians, and that there was no
cessity for the building of fortiiicatio
r in Meadow Valley, and that if the Loci
+ ors of 1864 had made their claims
4, good faith, they would have built tn
fort at the Mountain Spring and tn
10 been able to work their CLAIM
:, The speaker then, at considerable lengt
- argued the question of abandonmel
ia and said that the locators OF the Pana
or their grantors had shown their int
It ton to abandon the claims, and that
G. they had not they had forfeited the
that the statutes OF limitation had r
against them, citing several authorit
tn to this point. Mr.. Bishop then co
es mented on the records of the Mead
Valley District, asserting that they W,
unreliable and initiated against
ia case of the plaintiff. The learned COZ
=. sci then reviewed the main points OF
~ equity branch of the case, and conelud
is with a sweeping denunciation OF
% =. 4 \