Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1877-02-11
THE GREAT MINING SUIT.
Eureka Consolidated versus The
Richmond Consolidated.
1T Is THE RICHMOND NAMING
COMPANY OF NEVADA.
JUDGE COLES DECISION.
Injunction Eeaied-Emd Of the First
Chapter.
Eighth Day.

duced and filed.
Certificate of incorporation of the
Nevada Mining Company; tao deeds
Of Thomas Wren and j. B. McGee to
the Richmond Mining Company Gin
ited); notice of locat ion Of mining
claims mentioned in deeds, and by
laws of the Richmond Mining Com
pany of Nevada. [Objected to by
plaintiffs counsel.1
Thomas Wren took the stand and
testified as follows: I am attorney for
the Richmond Mining Company of
Nevada and also President of that
com n since the resignation of Mr..
Corriyan. Under my advice the
ground in controversy was located for
the Richmond Mining Company OF Ne
vada. 1t was not located in the name of
the company, but private individuals,
Mr.. MCGEE and myself, and both have
conveyed the properly to the Rich
mond Mining Company of Nevada.
In the last few months work has been
done on the surface for the purpose of
holding those locations, under my adj
vice; the work lone underneath the
ground was considered as part of tie
work to hold the claims, under my
direction; the lode was described that
lay underneath those claims, aud ex-
planned specifically in the notices.;
he Richmond mine was the paterted
ground and lode that had been
worked, and the lode, the top or apex
of which WAS found on the surface of
that ground and extending downward
until it passes out of the end lines Of
the patented claims; the ground
marked as in dispute was never con.
sidered as the Richmond mine; the
English company never had anything
to do with working the ground in dis
pute; / do not think they had any.
thing to do with any of the work.
t'ross examined-The Nevada com
pany was created far the purpose of
procuring patents and holding the
ground for the English company, and
for the purpose of working the ground
for the Nevada company. / have
held one share since the Nevada
company was formed; l never paid any
assessment nor received any dividend
from it; with the concurrence OF Mr..
L lODbity L dPPpiiltCo a ipiCIlldD,
but not as a corporate act; when the
English company request the Nevada
company to appoint any one they gen
orally do so; | found Mr.. Probert a
foreman, and he vas appointed; | sup
pose that he acts under the direction of
Mr.. Richard, but | do not know; | am
consulted on the more important mat
ters; | do not know Mr.. Richards po-
>ition; he never did 20 into the pos
session of the properly for the English
company; he went into possession UNI
der the letter OF Mr.. Corrigan, and also
one to me requesting me to see that ne
was placed IL his position; the copy OF
letter shown is not il; every person
connected with the mine is employed,
paid, and are working for the Rich
mond Mining Company of Nevada;
that company have located, applied
for patent, for it, and the English com
pany exercise no control over the
roperty; the authority vested in me is
given under the bylaws; | was a trus-
Tee at the time Mr.. Richard was en-
ployed; he is in the employ of the Ne
9ada company, and they pay him for
his services; | employed Mr.. Potts, and
he employs the miners; there Is no
written contract with Mr.. Potts; L
might have talked to Mr.. Rickard
when / employed him; Mr.. Probert's
advice is followed; l do not under
stand that he has any controlling au
lhority; he is here representing the
majority of the shareholders and his
own business interests; in one sense
the Nevada company hold the prop
erty for the English company, and in
one sense not; the Nevada corporation
was not created as an agent of the
English company; it did convey the
patents to The Tiptop, Lookout and
Richmond to the English company;
if The other patents were obtained il
would not be a breach of trust If the
patents were not conveyed to the
English company at their request;
this ground was located by Mr.. MCGEE;
he said that the dip of the Richmond
ore body would carry 1t beyond the
end lines of the patented ground; /
was OF the opinion that, following the
pipe of ore from its groupings on tha
surface of the Richmond mine DOWN
ward, it would pass to the Sc. of the
end lines OF the Richmond extended,
and when Nj. MCGEE informed me that
that was the fact, l had he ground To-
Gated; | was at that time the attorney
Of the English company; MI. MCGEE
was in the employ OF the Richmond
Mining Company of Nevada; i
understood that he was working IL for
the English company. 1t was worked
by MIR. Fisher AS the agent Of the Eng
lush company; do not know that the
groupings OF the vein in the Richmond
mine is the body of ore that is deveI-
oped in the Pots chambers; l have
ONLY an opinion as to whether the ore
body of Potts chamber can be traced
to the surface; my opinion is that it is
on the same vein or lode. The patents
} to the Richmond claims, Introduced
tby Mr.. Wren were, date of location
Sih of May, 1874; the location was
made by Mr.. McGee when he was in
possession OF the property; when the
body of ore VAS disclosed inside OF
these lines, they were relocated 10y the
Richmond Mining Company OF Ne
vada; located after they had worked
over the line into the Utah ground.
Ny. Richard was recalled and testi-
fled as follows: | remember the fact oil
the location, after ore was taken out
beyond the compromise line; ore was
taken out prior to the location OF the
disputed ground; the Work went on,