The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-29

snld ont hi- clicnts. Lyon h9d agreed WITH
$ ewait aud iiiiNcr toriNe t'en I'VE per ceh,. oi
..l no, rarnvprrl for him. provided the IN tttcr
~. adjusted with rWk AMI Baxter IN New
Yo-k. ~ q lfccn yer ccut. ~ tne event of their
having 10 ~ to salt Lake City to try the case,
and u theV hai to carry II up through all the
courts ne' were TO- nave in wsn.y,nvsd Hl,n,cd yer
any Of tho claimants. Park and y Hter
were claiming under their ttle from Wood
MIN ana chisholm some three or four thou
sand feet " the lodc.while only twelve hundred
feet was covered by their original clam. They
o @G IDh" hc io ETIs EaT pecpe snS beS i SvoH
fnf the loo ton " their claim At right angles to
only many feet as the vein was wide. Lyon
flied u protest against their application for
patent, and thus the matter stood when Stewart
and he left New York for salt Lake city.
AN OFFER TO SENATOR MORTON.
on their way thither they fell In with Senator
q L. Morton OF lndian to whom stewart In
Senator Of the difficulties his client aborei I'M
Mexican. the U. 5. judge. had usurped the
functions OF the ter itOrial Judges aud 81 lined
the rignt To try all causes relating to mining
titles, Ihls. stewart contendcd. was not only
Tile al, hut with Judge McKean's we'll known
highly criminal. At the suggestion of stewart
LYON eng iecd Morton to 20 out to salt Lake
ing to give him SsO,OO for his services
The real object OF envloyng Morton
wts, ~ LYON admits, to secure MS
influence at Washington TO have Judge Mexican
removed. GA thrr arrival at salt Lake CIV
NJ
ON mmedi itclv. ~ Lyon w's being outr ge"usly
TIRE ited. 1t T. opened, however, that M9fton
mike this long and fatisuing Journey. How
ev r, stewart AT once made the enort To secure
tine removal OF Judge Mexican, and the record
against bm was prepared anu iorward.u 10
" ishinptOn. by this 1t was shown that Mexican
was largely Interested in mining enter rises
and Il at he was notorously cyad-
Inc statutes Of the Territory which
required persons subscribing to the capital took
OF any company to pay up one-fourth the
am cunt subscribed, ana to IN Ike oatn that they
were abe to pay the balance whenever called
upon. 1t was shown also that the As tate
justices were interested along with Woodman
ana Chisholm in other mining property which
trust his case In the territorial courts, because
| there jury would have to be drawn from the
| box in the regul lar manner; but III II was taken
| land McKeln decided 1t should br) intn the
United states Court. then the United states
| Mining Comp my of Utgn, would have the right
| to 20 into the streets and select Jury.
| AN OPINION FRoM NOAH DAVIS.
The opinion Of Noah Davis Of New York bad
| been obtained on the record IN Mckean's case
| and forwarded to the President. IL was to the
| effect that judge Mckeaus conduct was inde-
Stewart sent telegram to the President urging
the removal immediately, an On nee, deIegate
TO o9nGress ,rom N1ta1o' e' onv
In .nc the mean time Lyon applied Tor an urdei
Of survey OF the mine, and II was un ,ll{ sfnte9
| mus proved that the application made oy ood
| man and Cnisnulm for a patent ala not cOVel
tine vein at all. IA Ssil rtr from the h"rthWrr >,
to the southeast, ani Woos:: IA and Cnisholm''
location, according to their applica ION, was q
| right anrles to tins. Park, Binding that thei
souid not get patent, went to Lyon
and male a prppp-itI1n to settle. He said n,
could tx things with l. on in few hours. but II
he bougnt him of the san + 'ancisco party would
have to be treated In the samo way. and tni'
rbey could not afford to do. LyoD made a proD
ositinn IN writing TO Park To submit tue case Il
any person whom tue Attorne, General OF th'
United states might name, but this propositior
was refused. FIN ,lly, after consultation witt
Clty. botn pir,es agreed to submit the case &c
Judge Curtis Of Boston, and each SIDE was L
put up securities To the amount OF soOo, {
| paw Curtis that sum II he would come to Sal
L.ke and try the case. the party winning to pa
tue fee.
TWO oESrLESESs OPINIONS .or EACH OTHER
| The Blbma Mining Company OF san Francisco
that mad filed no protest against WoOdman ans
Chisholms apOlicauon for patent, now rs
uewed their proposition to Lyon to consolidate
with them, and stewart urged hun to DO 1t, bu
no refused. Park now renewed his propositioi
Tor settlement with Lyon. and an arrangeinen
was made that stewart should 20 to New Yorl
with Park ana ma >e the necessary agreements
and send out Hillysr, who was 10 dr., Nv up IN
nccessr papers for Withdrawing quie
| Lyon protest against the application Tor pa
| tent. lhls would enable the other side to Ut
tin their y ,tent, which would give them goo
y aud valid title. stewart ut first objected I
tuis arrangements because. as he said, PARK wa
' | not to be trusted that le would not hesitate
4 | swear TO a lie or break fdith with any persoI
= Lyon told sew, r. that fark said the sam
I things OF him, and had even said that ne woul
e buy the court, UTibe the jurors, and suborn wi
Y nesses to testify falsely. Lyon said he did ne
Q care for their personal quarrels, nut wanted hi
case settled n he could get anything ike Ia
terms from Park. He brought about an intetvie
n the outlines Of ths adjustment. Park admtte
to LyOn that he could manage the surveyor
. General ana theRegster Of tue Land Once an
! | the protest against the appi itAtiOn Tor patet
j could in this WAY be quietly withdrawn, and III
San Francisco company would be none I'll
. wiser. IL WIS estim ted that about two milliO
| dollars worth of ore had been removed frOI
the mine. and II was agreed that Lyon was
j. have for MS interest $5O,m.
L THR EMMA MINING COMPANY ORGANIZED,
. In the mean time Park had organised IL
I Emma Mining COMPANY Of New York, with
. capital OF $5.0O.0oO The property was to
. paid from the proceeds OF tue sale Of this stoc
9 P,rk admitted to Lyon that tney mad about e
q hausted the mine. lie SAID tney could 90 Z
{ and tike out all the ore IN spite OF all efforts
e the contrary. The court wOuid not grant hi
d (Lyon) an injunction. 1his Lyon knew 10
u true, aud therefore he was quite willing
i take IS O,OOO for his claim. He was satisn'
IS tn IL the ore was nearly exhausted. That 1t "
4 a pocket VEN. ana that 1t could not last muC
. longer. Stewart and PARK started for New YOl
o soon afterward. 90 their arrival at New Yo
y Stewart wrote to Lyon as follows:
u EEw YORK, Aug. s. 1871
u FRIEND LYos; Hillyer Will starr IN about Nv u
3 s M Apa d Ia s {1a Sus seG .,sT .n1se
i /, H It wa tue Ss.t 1 c,a s The pl "a mas tsis
e xinta-et tn;t We sl not be nshtlng for worked o.
ne case We shall recover s1netaiag oesiaes the rig
Srn lie sT y SS's awe sent 'sf and
ulALner vi eeuding H. that l have no dou
Oh sac from hve 10 eight mill Ons. have seen tn
corresponding with the two Elglsh houses. TO who
" tnty the they GRAZ ABOUT the nine II
Emma party htYe been working all the time to put
n tue reputation of the mlne. nave refuse to give
Y, the Awsd under any circunstances, uhless you Z
Il 100000. You will. Hithou. douDt, get nat.
70 STEWART LOOKING OUT FoR SUMBER ONE
Il The witness then put In evidence the a9re
No ment which Stewart mad made with Park In I
l. gard u his (Lyon'sl interest. This aRreeme
m was not sent to Lyon 10y liilyer, but merely
l. | outline OF IT, The contract, however was mat
el by Stewart with Park and signed by Stewart
4 attorney for Lyun. 1t provided for the rights
~ stewart very carefully, but left Lvon's nteres
m very much IN doubt. lie hao instructed Ste
ss art not to make any contract until !
IL should arrive In New York, but d
AZ Two before he reached there Stewa
q signed the agreement. In the meanLn
AS tue protest of Lyon had been Withdrawn al
OF the patent quietly Issued to tue Park par
- lhe Superintendent Of the mine, who had be
"A | working IL up to tins time, was discharged al
~ | Mr. Williams employed, who Park elaine
10 | was the best man in the world to Ok mine I
h an examination. lie had been emf lOyed, Pa
4. sad, to hx up the Mariposa, and had done
nd | work there 10 perfection Prof. ymond "
ia | sent out To examine the mine and report on
io | but he did not make a favorable return, nj
a. | subsequently, Blake OF San Francisco, "A disli
= guished mining engineer, was employed to e
d. anime II ana report, but he was not 10 be foolt