Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1879-06-26
might be no material variance be.

might be no material variance be-
tween the compliments affidavit for
q writ of certiorari, (if certiorarl
should be required,) and Justice
Gosling's certified return to the Dis
trict Court. will here only give
the reader the conclusion of three
hours speech by Mr.. Shave for the
complainants.
"And now, gentlemen Of the jury"
said Mr.. Power, "Qor yon are gen.
tlemen, every one of you.) to be
brief-for ] promised in the outset to
be brief, aad it would be an insult to
your understanding to argue at great
length case so clear-let me close
by drawing your attention to those
facts in the case:
! LIST. That it appears>by the testi.
mony of Buff-than an honester man
does not breathe the air of heaven,
notwithstanding the sneers of coun-
sci and their futile attempts to black
en- his Characterised Buff and
White did strike mineral in the hole,
(which it has been attempted to be
made appear was grafted,) on the
10th day of October; that they not
only struck mineral but that they
struck it under the cap.rock. Where.
as the complainants do not even pre-.
tend that Smith & Hawkins dug be-
fore the 21st Of October, after it was
currently reported that Buff & White
had struck the lead. And how do
you know, gentlemen of the jury, that
they commenced digging on the 2Ist
of October? Who tells you? Who?
Why, one of the very men who
jumped my clients lead, and who,
one week since, openly claimed to
own half of it! What! can you be-
lieve one word Smith says? Will
you believe man who has the tur
pitude to offer to swear under such
damning suspicious of perjury? But
suppose they ,cere digging on the
2lstp What then? the 2lst comes
after the 10th, the day on which our
uiScoVery was made.
Again it is pretended by opposite
counsel that if we did make the FIRST
discovery the possession having
passed out Of US by a sale which
they alIege was made to Mr.. Leech
or Mr.. Somebody else. Now, in the
first place, gentlemen, they have not
proved any such sale, buff swears
that Leech was paid by White for
the work he did in the lead;) neither
could they; for it existed only in the
fruitful imagination of the learned
attorney; if Leech dug there he dug
for the defendant. But suppose for
moment there had been sale and
that the possession become Leech's
how could that sale to Leech vest
any right in these complainants? Or
suppose, for arguments sake, that
the right remained in Leech for one
week, or one month, and was then
returned again to Buff and White
was it not q continuous possession?
Could the lead become the complain
ants, because, forsooth, they had
stolen into one end of it and were in
possession during that imaginable
point Of time in which the possession
was passing from Leech back to Buff
and Whiter@ Such subt!eties and
sophistry and hair-splitting are an
insult to jury. No, no; there was
no forfeiture-no abandonment
nothing which should or ever shall
rob US of our discovery. How long,
then, were the diggings unworked
by the defendant? Only a few DAYS.
and that while the damps were so
bad that Buff says he could not and
would not risk his life in the shaft
and Leech tried to work there for
White and could not-in short, until
cold weather. What if their tools
we're not left at the shaft? They
were locked up in their cabin that
they might be more secure from
thieves. Do the complainants grum-
BILE because they had not an oppor.
tunity to steal our tools as we'll az
our mineral9 Again 1 call your at.
tention to the candor OF Buff, who is
not swift witness for either party,
but speaks out plainly the things
that he doth know. He explains
why and how long the diggings were
unworked; and, mark you, gentle.
men, how reluctantly he admits, when
asked if the complainant had not
tried to tamper with him, that this
immaculate Mr.. Black, who became
party here, God knows how-IBe
careful what you say, Mr.. Lawyer,
interrupted Mack had made a
proposition to suborn him as a wit
ness-yes, that was the meaning--to
suborn him! Gentlemen, how will
you reward such virtue as Mack's?
Oh! wish, for the sake of Justice,
that you were sitting as . jury to try
Mr.. Blacks claim to q cell in the
penitentiary; it would do me pleasure,
then, to advocate his pretensions.
Mr.. Flint's evidence corroborates
Bluffs. Flint is az honest q man as
ever suckered hole, and q miner of
great experience; q man who has
dug at Nip & Tuck, at Scrabble, at
Menominee, at Red Dog, at Wbig, at
Coon, and almost every where else,
and he says, that without q declsra-
ton Of abandonment, q discovery
will not forfeit IN one, or in two, or
in three weeks.
Again, you will bear it in mind
that it has not been proved, nor can
it be proved, that the complainants
ever went down through the cap.
rock. They never hare discovered
nor been down at all upon the under
body of mineral.
Gentlemen, be just and do right;
my client asks no more"
Here Mr.. Power closed his speech.
being too hoarse to 90 through with
"the pathetic"
THE TRIAL CONTINUED.
Mr.. Shave closed on the part of the
compliments in substance as follows:
"Gentlemen, / am done. Our
case is before you. Less / could not
say in justice to my worthy clients
mora I rauprf sav IN ,ucs;co A.