Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-07-24
EUREKA VS..
First Day Of the Great Case-CoI.
Thornton Makes the Opening
speech-The Theory Relied Upon
by Plaintiff Ably Presented -
Thos. J. Read ON the stand

The great suit between the Eureka
Consolidated and Richmond began
this morning before Justice Field OF
the United states Supreme Court, and
Circuit Court Judges Hillyer, of New
ada, and Sawyer, of California. The
following gentlemen appear as counsel
in the case: For plaintiff, Heyden-
feldt, Mitchell, Messick, CARRIER and III.
l. Thornton. For the defendant, Will
son, Clarke, Hillhouse, Williams,
Lansing, CTittenden Thornton and
Thomas Wren. Each side employs a
shorthand reporter, and by agree
ment Of the official court reporter,
there was appointed an official report
er of the case. In the opening, Thorn
ton for plaintiff, stated to the Court
that the action was originally brought
in the State Court of Nevada. The
cause was transferred to the Federal
Court for Nevada, the pleadings were
amended, defendants filed another
answer and cross bill, and that by
subsequent agreements between the
parties, the only question LETT for this
Court to determine, is the question of
title to the premises in controversy,
and it is understood the whole contro-
versy IN to be disposed of i'm the pres
ent issue. Thornton proceeded to the
merits of the case. after describing the
location of the property and its sur
r%oundings. The mining ground in
controversy is situated on RUBY Hill,
about two miles from the town of Eu.
reka, Nevada. Ruby Hill is a spur of
Prospect mountain. This mountain
runs north and south, but Ruby Hill
has been twisted to run nearly east
and west. Upon this spur at a point
where it joins Prospect mountain, is
located the Jackson mine. Next west
is the Phenix mine, next the X X
mine, next the claims of the Eureka
Consolidated Mining Company, and
next on the west lie the claims of the
Richmond Company. On the south
side of Prospect mountain is "A body of
quartZite or country rock extending
the entire length Of these mines,
and several hundred feet in thickness.
The course of its north face is east and
west. North of this body is limstone
600 or 700 feet at the surface, and be-
coming harrow as 1t goes down. Next
on the north lies a body of clay shale,
varying in thickness from a
knife blade to 60 or 20 feet. Next
north lies a great body of country
stone. Along the face of the quartzite,
where the limestone lies against
it, is a crevice, the extent of which is
unknown. This crevice and limestone
dips to the north. Between the quartz
tie and shale lies the mineral bearing
ore. From the Jackson mine on the
extreme east, where the quarizite and
shale unite, they diverge until at the
Richmond they are about 300 feet
apart. Tbe shale goes down almost
perpendicular. The limestone goes
down wedge shaped. Plaintiffs claim
that the quartZite and shale constitute
the great Eureka lode. Late develop
ments have proved that on the line
between the Eureka and Richmond
an immense body of ore extends from
the quartzite to the shale. Upon the
surface OF the hill the Eureka CONSOLE
dated has various patented claims
which have been given different
names. Counsel pointed out to the
Court on a vail map the point Of ON
mencement of the Richmond Com
oany's workings and the purse run
until they reach the Potts chamber,
so called, which is at the dividing line
between the Richmond and Eureka
Consolidated, and where work was
continued beyond the boundary line.
and upon this the present action is
brought. The geological question is
whether the Potts chamber is a part of
the Eureka lode or a separate lode.
The defendants claim That they are
working on a body of ore within lime
stone, a separate vein, and not within
the interior line, as we contend, and
that its curse il different from
our body. That is the old question on
the Comstock lode. We will show
that this is only a body of ore within
our lode, which has dipped over in u
claim. They make a lode of certain
thickness, 90, 20 or so feet on the sur
face, going down many hundred feet,
but it has no length. Their theory is
that this is a lode in limestone, because
the groupings are in limestone; but
when they follow down the limestone
to the Potts chamber they comes against
quartzite. Long examinations of the
workings of the Eureka and Richmond
followed. The various tunnels, wines,
ore bodies, ore stains, groupings, etc.,
were explained to the Court. A glass
inOuel Vi the mines, soiLe Two leeL Ill
size, was unpacked and arranged for
the inspection of the Court. This
model consisted of parallel glass plates,
set perpendicularly in a wooden frame,
and supposed to be one hundred feet
apart. The object of the model is to
show the surface of the hill groupings
and workings of the respective compa-
MES. The patents of the several mines
owned by the Eureka Consolidated
were then put in evidence; also a GER
titled copy of the compromise agree
ment with the Richmond Company,
dated July Is, 1873, which was read,
whereby the Richmond Company
agreed to pay the Eureka Consolidated
SS5 900 for the Lookout mine, and
all of the ground lying to tho
north thereof, dips, angles, spurs,
etc., and dismiss all actions then pend
ing bet ween the parties; also a deed
from the Eureka Consolidated Compa-
ny to the Richmond and a deed from
the latter to the former, both of the
same date as the agreement, but they
were not need. This business took up
the morning session, and after recess
Thos. j. Read, engineer, of Eureka,