Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-16

YESTERDAYS PROCEEDINGS.

IL
tendent III July or August, 1872; the
Lightner shaft was commenced June 2d.
1911; the Hermes was located by P,rIey;
recoiiect that Lightner pointed out what
supposed to be the western line; Light
ner pointed out the spot and Perley
asked me to build monument, which 1
did; the Hermes was located or the LIST
August, 1871, and the notice put on that
monument; the work was commenced
on the 9th or 9th of August, and con-
tinued ever since; the work was public;
whim and hosting machinery were
erected. The witness then described
the workings and present condition Of
the Hermes shaft and drifts, and. after
being cross-examined by counsel for
plaintiff, was followed by
Z. W. Lightner, also witness for the
defendant-Was superintendent for the
plaintiff up to December, 1872; have
known Hearst for ten or twelve years;
procured from him portion of the Mon
ltor title for the Raymond a. Ely Co.. 4;
knew that Hearst was here on the morn
ing OF September -, 1871; j. Cahill told
me about Hearst's negotiation for the
Monitor at IL a. M; succeeded in OBJ
itor to cover Nos. 1, 2 and 3 Mammoth
lode for $4,000. The witness detailed
the circumstances Of the purchase, and
reasons Of his buying it Am certain
that Cahill told me that Hearst had got
or bought the property: paid Hearst
with check for $l2, 600; after purchase
of the Monitor ground had CONVERSE
ton with Hearst as to vesting the title Of
Hernes location in him. Witness de-
| scribed then the agreement of Perley,
Lightner, McCannon and Hearst to deed
the Hermes location of the Monitor and
Phoebe No. to Hearst, and that he
(HearsD should form corporation in
San Francisco. of the stock OF which the
parties We're to receive 5000 shares each
90 to be sold for working capital,
and 5000 allotted to ". H. Raymond,
If he desired to join the operation. Ray
moud was also to deed the Box title and
be reimbursed the sum his brother had
paid for it, viz: $4,000; W. H. Raymond,
j. W. Gashwiler, Trustees, and A. J.
Moulder, Secretary of the Raymond 4
Ely Co. Knew between the 23d of AT
gust and 9th September, 1871, that
was locator and stakeholder in the
W. L llllOIlItl Wi. w. IL,
Raymond; showed him the monument
and the place where the men were dig
cling the shaft; l showed the same to
Gashwier in October, 1871. 1.-THE wit
ness then testified as to his appointment
as superintendent, and his salary and
increase Of salary. While superintend-
ent of the Raymond & Ely was not di-
rected to demonstrate with the Hermes
for working on the ground located, or to
notify the Hermes that they were work
ing on ground belongingto the Raymond
& Ely Company.
The Court now adjourned for the mid
day recess.
AFTERNOON SESSION.
On the reassembliug of the Court, the
cross-examination of c. W. Lightner was
proceeded with. In reference to the pur-
chase of the Monitor ground the witness
said: | demanded all the ground of
Hearst, but he refused positively to deed
over the whole at any price; he said, IL
won't give you the whole, and l said |
would take a part; he agreed to let me
have sufficient to cover the Mammoth
Nos. /, 2 and for $4,000; l thought
Hearst was here to get near the Raymond
a. Ely ground; II did not take Hearst
underground before the sale Of the
Monitor Witness was here asked, by
counsel for plaintiff, to refresh his men,
Dry by reading one of his own letters.
After reading, he continued. 1t would
appear from this that | had allowed
Hearst to go in the mine before the bar
gain; thought we we've going to get the
whole 600 feet he had purchased; the
Hermes matter did not come up until
after the fire; it was mentioned day or
two before the execution of the deed to
the Raymond Il Ely Company three days
before; l know of no conceivable motive
for ante-dating the Tardes- Eastland deed;
engaged Perley as attorney in March,
1871; consulted him very frequently;
told him all knew about the titles; had
posted him in that respect as much as l
could; might have said to w. II. Ray
mond that the Hermes was only pros
pecting for the Raymond & Ely Com
pany; | located the Lightner ledge SIM
| ply to cover all contingencies; don't con-
slider l was relocating the Hermes;
officially informed the Company that
they had prospect title to the ledge
when informed them of the location
never informed them that the Hermes
overlapped, or that there was any other
| title; | never wrote to the Company
| about the Hermes; month or so after
September, 1871, Colonel w. H. Ray
mond refused, and ever afterwards re-
fused, to recognize the Hermes title
| After short redirect examination by
Judge Mesick, the witness was dis
missed.
George Hearst was sworn on behalf Of
the defendants--I visited this place in
1871; twice in 1870; arrived here on Sun
day before the fire, on the 18th of Sep
| TENDER, 1871, at IL n. m, by the Salt
Lake stage know Lightner and Cahill;
saw both of them on that visit; John
Cahill told me of claim that was owned
by 6 . Guiston and O'Neale, who wanted
me to purchase it. (The witness then
went on to describe the purchase Of the
Monitor ledge for so, 600 and the sale of
portion of it to the Raymond & Ely
Company, through Lightner, the super
intendent.) / was at the Hermes shaft
Cahill told me that it was Perley's
claim; came to an understanding with
Perley, McCannon and Lightner two or
three days after the fire; we all put in
our claims and agreed on giving each an
equal portion; Lightner insisted that an
interest should be reserved for Colonel
w. H. Raymond, which was agreed to-;
he was to have q sixth and Sc 900 for the
transfer Of the Box title; after reached
San Francisco 1. had an interview with
Colonel W. H. Raymond respecting his
entering the Hermes. (The witness
here described what took place, but it
appears that the meeting was not at
tended with any results
Colonel Thornton then cross-exam-
ined this witness at some length, during
which he explained his recollections Of
the Monitor purchase and its attendant
circumstances with the formation of the
Hermes. At the close OF the examina-
ton of this witness the Court adjourned
| till this mornino