Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-30

says, is not n citizen Of the United States,
and could not, therefore, he a locator of
mining property, and as the agents could
not locate for the company, they had
right to locate for themselves. Do we
not aliese in our complaint that our five
trustees, before and at the time Ct the
Hermes location, were citizens of the
United States! And this they do not
deny in their answer. Th+se trustees,
under the Congressional law, could be
locatois. They could not lose their
rights Of citizenship by becoming MEM
beers Of an Incorporation. And Mr.. Per-
ley sSoTJ to the law, rs well as the fact
he says he tod Lightner that he must
locate the ground for the company.
Judge Mesick says it was "a VICIOUS
fraud" to locate in the name Of the trus-
tees. Was Perley, then, advising the
commission Of vicious fraud?"
Was it vicious fraud afterwards.
when Lightner did locate for the
company! Aud this is all that has been
said. these are the arguments Of Judges
Lake and Mesick, against the plain rule
OF the law that Perley and Lightner could
not, while acting in fidudiciary capacity,
establish adverse rights.
Now, in regard to the attempt to make
it appear that Hearst was an innocent
purchaser thathe came in independently,
as wealthy outside citizen, and without
collusion-that position, at first taken
with so much confidence, they have
been compelled to abandon. What are
the facts? Hearst testified that he had
nothing to do with Lightner; that he had
bought the Monitor ground before the
Herm-s was talked of; aud Perley and
Lightner testified to the same effect.
| But here comes in documentary proof
written records, stronger than the frail
aud festing testimony of witnesses.
! The deeds conveying the Monitor ground
are produced, and they are all signed on
the 18th of September. 1t appears on
the cross-examination of Perley, Light
uer and Hearst that those conyeyances
had not been made when the organization
| of the HermeS was talked over.
4 Here, then, we have the con-
elusive proof of the agreement to incor-
porate the Hermes before the purchase
of the Monitor ground. Hearst says that
he did not not pay the money until the
next day; and Lightner admits that he
was mistaken that he had commenced
to negotiate with Hearst before the Mon
itor was purchased. He gets here on
Sunday, when Lightner has conversation
with m;the next day Lightnergoes down
into the mine with him; and then, before
the Monitorpurchase, Perley, McCannon,
Lightner and Hearst discuss the Hermes
location. This is the evidence; and then
Cah.ll comes and corroborates what they
are forced to admit on the witness stand.
Lightner says he will fix tn. financial
part of the business so Hearst can pay
for the ground, and he takes him to
Sides on the 14th of September to get the
money. Sides is told 1--WE want to buy
ground, and he testifies that it was his
impression that there was a general
agreement among the party. Hearst was
to be the innocent father of the
corporation, and Lightner told him
he would, furnish the money
And how does he furnish it? He draws
a check on the Raymond L. Ely Company
for $4,000 to pay for part Of the
ground; and Hearst draws his check for
$40, 900 to pay for all of it. Hearst takes
500 out of the $4,000 to pay for
two-thirds of the ground, without using
ksent of his own money, and then he
conveys to the Raymond Il Ely Company
the remaining third for $4,000. Thus
they get two-thirds OF the Monitor
ground for nothing, and pocket $4,000
of the Raymond 4 Ely Company's
money for taking it; and this
is the way they were separate
and distinct transactions. Hearst
appears to-day as q co-intriguer in the
high-handed fraud-as u shield to pro-
tect the original conspirators under the
false assumption that he is an innocent
purchaser '-and to morrow they make
another shuttle, and he appears in the
character OF the antagonistic corporation
itself, which, by one and the same trans
action aud through concert OF action and
schemins from the beginning they
have worked together to bring into ex-
istence, o! will you, can you, gentle
men OF the jury. with all these damning
facts before you, and having taken sol.
emn oatts to render an impartial verdict,
refuse to give MS redress for such fraud,
forgery and contemplate evasions Of
law? Will You allow confidential agents
to take their employers money, and then
turn and rend him with his own weap-
ons? Will you allow them to betray
their sacred trusts while they are reap
ing heavy salaries by ringing in outside
stool-pigeons?
The crowded state of our columns,
and the lateness of the hour, prevent our
continuing further the synopsis Of Judge
CARRIERS remarks. He spoke about
three hours and half, the dense throng
of hearers listening with intense interest
until he had uttered the last syllable
He will continue his argument this
morning.