Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-27
THE ARGUMENTS
Raymond..Hermes Case.
FRIDAYS PROCEEDINGS.
Judge Delos Lake,

Tue Idct tuut Tue case wis drawing BrlQu-
ally to a close, and that within three or
four days the question at issue would bs
submitted to them Tor consideration in
the jury room. He desired, in the first
place, to recall their minds to the fact
which he feared they might have lost
sight of in this case during the argu-
ment SO far, to wit: that this is simply
an action in ejectnent. 1t was to recover
certain premises, the title to which is
alleged on the other side to be in the
plaintiff, which premises are now ia the |
possession of defendant, under claim
OF title. He desired to remind the jury |
of this fact, because he feared they might |
have forgotten it under the pressure |
which had been made by counsel arguing |
on the other side, to divert their minds |
to side and incidental issues. He said |
the discussion on the other side had been
largely devoted to eulogizing Colonel
Raymond, and in an attempt to prove,
by denunciations and assertions, that Mr..
Perley and Mr.. Lightner and George
Hearst were no longer fit to inhabit this
earth, on account of the outrages and
crimes which they had committed against
the Raymond & Ely Company There
! fore he desired to recall the attention Of
1 the Jury as stated above. He recited the
main issues of the case on the question
| of title; that il was the assertion OF
the validity of the Panaca title, and
its maintenance down through its
I various grantors, to the plaintiff on
one side, and the assertion of she inval-
idty and worthlessness of the Panaca
title or the other He said he would
make very brief review and recital of
the history of the location of the Panaca
title in 1864, and the work done upon it,
and the incidents connected with that
location, and the temporary residence of
the locators in this vicinity during the
years 1S6i-'G5. If the Panaca title was
a good and valid title, and covered this
ground in dispute, then there was no
question as to whether the defendants
title was good or bad; because the Pa
naca title, being good and being the
older, would, of course, entitle the plain
tiffs to the ground. SO the threshold
question, ana really the most important
question in the case, bore directly upon
this point of validity of location
aud maintenance of the Panaca title.
In the spring OF 1864 party was made
up at Salt Lake for the purpose of min
ing enterprise or discovery enterprise
to the Clara. 1t was composed OF MIR.
Sherwood as the great leader, and MIR.
Vandemark, and Mr.. Box, and his son
and man named Shirts. There object
was to find mine that was said to be To-
Gated some hundreds of miles from here,
down at place called the Clara. There
,, sole object was to 60 there and find that
! mine. III this enterprise there was o
failure, and the party were about to re-
, turn to Salt Lake when they were
! stopped by receiving the information that
mine or ledge had been discovered in
this section of the country, and, with the
exception of Thomas Box, who then, or
at an earlier period, had deviated from
the path from Clara to this place,
y they started on their journey hitherward
as he understood it, which was not a
, great deviation from the direct route
back to Salt Lake. On their way to this
place they visited Glover Valley, for the
purpose Of having an interview with Mr..
? Hamlin, who was said to be the discov-
erer, and who, in conjunction with Mr..
i. Sill had been the locators of this Panaca
claim. Arriving at Glover Valley they
: had a consultation with Mr.. Hamlin and
agreed in company with him to visit this
|
them at a camp little this side Of Clio
: yer Valley, on the same night but, IN
= stead of that, having suspicious OF this
party not acting in good faith, and
|, thinking, perhaps, they might attempt
. to override them in locations, hamhn
: and his companion, Mr.. Sill, stole O
= march on this Salt Lake party, and came
here in advance. This Salt Lake
party arrived at Warm Springs ano
camped on the 10th. On that day
n Mr.. Shirts found the trail to this place
e and discovered Mr.. Sill at the Panaca
t and, going above the Panaca ledge, hi
l. blazed tree, and with his pencil located
what is called the Shirts ledge. Vande
mark and Sherwood had on the sam
) day made an Intellectual effort to discove
r, the Panaca location. Mr.. Shirts re
+. turned to camp and remained there dur
70 ing the succeeding day. Mr.. Vandemarl
and Mr.. Sherwood came to this plac
:, and found both Mr.. Hamiu and Mr.
II Sill here. After explaining to them tn
is regulations in regard to the mining law
3. such as were customarily established
" in mining districts-Mr. Hamlin an
~ Mr.. Sill were prevailed upon to chang
their method Of location from a tow
4, plot location to regular ledge location
Il Mr.. Lake then recited the number an
RS form of the locations which were mad
ID on that day by Vandemark, Sherwood
Is Box, Hamlin and Sill, which are familia
Is to the readers of the RECORD. After hav
,e ing made these locations, the Salt LAX
Or party, which was represented on tina
e. day, the 18th OF March, at the Panaca
a. returned to their camp at Warm Springs
III taking Hamlin and Sill with them. D
VS. the following day miners meeting wa
called at Warm Springs, and series c
laws and rules and regulations was pass
Ia ed for what was denominated the Meade
ly Valley Mining District. The party the
is returned to Salt Lake. After arriving I
Is Salt Lake. with the exception OF Shirts
ed there was council, and book was prt
" cured from the elder Box in which til
fe laws were entered, and the locations RI
r. corded in the form and manner whic
would hereafter be described.
:, Judge Lake commended that it was ev
Ill dent and indisputable, from the test
e. mony, that the record was not such as
tie contemplated under any law; that it wa
he not copy of the document put upo
"A. the ground; that it denied itself in term
,et as a pretended or offered original. Judl
Lake read from the top part of the p
naca notice, aud linen read the lett
'e- press below from the plot; and then tea
nd ing off the next above and below the pl'
X, in the notice, passed the plot around
re the jury, and inquired if they could te
ls- from it what location was intended to
of made, or if it would be possible from
to recognize the location. Judge Lal
=. argued from this that there was no a.
oA plication in the cases which had bee
o brought forward to sustain the i'd
ill that any misdirection in n DEF
IN or simple error in description in GOV
M nant would not invalidate the documen
Here was void certificate at the bottom