Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-03-28
The Great Mining Suit.
FULL PROCEEDINGS YESTERDAY.

ton of witnesses in regard to the original
or Meadow Valley records, and argument
OF counsel on the admissibility of such
evidence.
Joseph E. Patten, witness for the
plaintiffs, was committed for contempt,
for not producing the Meadow Valley
records.
| AFTERNOON SESSION.
J. N. Vandermark called for plaintiffs.
My name is j. n. Vandermark; l have
heard the testimony in regard to the
whereabouts of the Meadow Valley
records; went to Mr.. Patterns house
the latter part of April or first of May to
see the records; there was no one at
home; found Mrs. Patten at nsighbor's;
asked her for the records; she said her
husband had told her not to show them
to any one; waited until Mr.. Patten re-
turned; Mr.. Patten and his wife looked
for the records awhile, and said they had
been loaned; told him John Ely told us
to call and see them; Mr.. Patten said he
would show them in the morning; in the
morning he said he could not find the
records.
Col. Thornton said they had used all
diligence, SO far unavailingly, to procure
the original records, and therefore in
sist upon the introduction of second
airy evidence.
Mr.. Perley reiterated the arguments of
yesterday that no foundation had yet
been laid for secondary evidence.
Judge CARRIER held that they had now
sufficiently established their right to
make such proof. Everything We could
do has been done to get the original proof,
even to incarcerating Pa,ten for contempt
for not producing the records. We have
proved that the record was regularly
made, that Colonel Thornton called on
the Recorder and got copy; and now,
by every rule of law and logic, we as
suredly may introduce secondary evil
dence; may prove that Col. Thornton 3
copy is true one.
Judge Hardy said we have proved til,
existence of the record, and now we wish
to prove what it contains. Does not the
whole case rest on those records con-
tents? If we have II right to the mine ii
comes from some record, and now we
certainly have the right to prove of what
those records consist.
Judge Mesick said the question turned
on the competency of evidence. They
promise if you admit such evidence they
will afterwards sufficiently sustain therul.
ing; they would produce it before the jury
first-get from it the benefit of the effec
of its admission on the jury-and Their
? it is matter of Indifference to us
, whether the ruling is sustained or not
: He again read and spoke to the objec
tions heretofore filed by defendants
| | against the admission of documentary
r evidence.
, Judge Lake--The first question to b.
decided is whether sufficient foundation
: has been laid for secondary evidence
: then properly comes the question as t,
. competency Of such proof.
Col. Thornton-We first prove the los
of the original records; then we prove
copy of the original Panaca location.
q the loss of the records has been suffi
/. GENTLY proven, secondary evidence
then competent. He read authorities OF
the subject He concluded by saying tn
4 objection of counsel is untenable, and h
: conceived it had no other object than t
: compel the plaintiffs to introduce evi
: dence in what the opposite side believed
$ to be the most advantageous way +
4 themselves.
Q His Honor ruled that there had bee
n sufficient proof of the loss of the record
a to warrant the introduction of secondar
i evidence. Defendants excepted to tn
ruling.
Then the copy of the original Panac
= location was introduced in evidence, an
l. Colonel Thornton called to the stan
!, That is copy of the original record
y / made it as accurately as could; un
- derstood its importance when made tn
~ copy. [Questions as to what was sal
y between Col. Thornton and the custodia
y, of the records were objected to by d.
PENDANTS. The book was marked "A,
i and the record was on page Z; on p. II
:, same book, copied the extensions c
- same ledge; to get correct copy of tn
- mining laws had along this printe
~ slip, purporting to be said laws, an
carefully corrected it by the original; th
10 corrections are on the margin of tn
~ printed slip; the 9Th. 7th and 18th SEE
- tons were marked repealed " on III
= original.
70 ss-examined-Do not know of M
y own knowledge that the hooks wei
Is original records of the Meadow Vale
~ district; do not know of my own know
g. edge there was such district as Meade
=. Valley district; was attorney Of til
w Meadow Valley Mining Company at Ii
- time. (He explained why he took
copy of the Panaca location.) I'll
n copies are substantially correct.
Of Stephen Sherwood caled-First can
:. to this district nine years ago the 10Th {
e. 10th of this month; had been staying j
lie 1864 in Salt Lake City; had mined
1t. California, Oregon and Idaho since 1874
O. came here because I had an idea that tn
US was rich mineral country; thought
'ft unsafe to come earlier, as the Mormo,
IT, were opposed to opening Mines myse
nc aud j. N Vandermark, having heal
" there were mines down here. got up Q
ee expedition; heard that VIM. Hamln.
NJ Glover Valley, knew of rich mines, al
Of we went and saw him; he got an India
he to come with us; arrived in Me-
rh dow Valley on the l4th or Isl
is of March, 1854; failed to find Il
NV location until the second day after we a
rived; found Hamlin, Sill and an Iudii
-. at the location; dug out some ore Il
'oo first day we found the location; it W
re- March II, 1864; dug out considerab
,e- ore: next day measured off the groul
ny and put up notices; know where the fir
of Panaca shaft is; we measured from 81