Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-06-03


OBscuRED IDENTITY.-The hearing in the
case heretofore mentioned, of Wm. J. Mil
gate, before Justice Benson, at Folsom,
charged by Bell with larceny of one-third of
the 50, 600 recently taken ont of the shaft on
land of VIM Mitigate, Sr., near that place,
came up for hearing May 2Sth, but no one
appearing to substantiate the charge the
action was dismissed, and the question as to
who the third in dispute actually belongs to
will now be decided in the Superior Court
through the action recently commenced by
Bell VS.. VIM. j. Mitigate, the whole issue
turning upon who had the right to wOri, the
niue under the contract. WIN. Mitigate ST.,
owned the land upon which the mine was
situated, ana he made verbal contract per
hitting two men to work the mine and for
which he was to receive one-t third OF the net
proceeds and each OF tiie other two the same
A man ty the name Of Hammer was one of
the men who entered iato the contract TO
work the mine, but the question who the
other one was is the all important point in
the case. Hammer and Bell claim, it is un-
deystood, that they two were the ones who
made the contract with the owner Of the
land. and bad the right TO operate the mine.
While WIN. J. Mitigate claims the one-third
on the ground that he and Hammer were the
ones VINO GAeallSt4 possession NpltF Jne COT
tract To develop the mine, and that Bell was
not party 20 the contract at all and this
latter view Of the case, it is said, VIM. Nil
gate, Sr., viii substantiate with his testi-
mOny However simply 1t would naturally
appear rs TO who were the actual parties to
such contract, the fact that about So 900 i
involved in the solution probably renders it
far more difficult than il that much had been
SUM, in frui.less prospect Of the same shaft.
A few days since Hammer and Bell com
MERGED wor. again in the shaft, whereupon
VIM. Mitigate, Sr., obtained 4 temporary in
junction against them, prohibiting their fur
ther interference with the mine, and thus the
matter at present remains, with the question
OF identity between VIM. J. Mitigate and Bell
so obscured that the oldest inhabitants don't
know which is which and both claim he's the
other.
POLICE ARREsTs.-The following arrests
were made yesterday; Mike McMahan, a
drunk, arrested by Deputy Sheriff Burke; Ra-
fael Vasquis, common drunk, by Ferral and
Rider; Lottie Smith, grand larceny, by
officer Ferral Mollie West, grand larceny,
by officers FeTral aud Brissell; Mike Mahan,
insane by officers Campbell and Smith and
Deputy Sheriff Jackson.
INcoRPoRATIoN.-The was filed in the
office Of the Secretary of State yesterday the
certificate of the incorporation Of the Tama!-
pias Cemetery Association of Marin county
Trustees-J. o. Eldridge, Asa G. Nichols,
Alfred Todhunter, f. G. Newlands, Paul
Neumann, William f. McNutt, A. w. Du-
Bots, \. w, Tsliaferro, Allan Lee and IL. a.
Dubois, Jr.
REPUBLICAN COMMITTEE MEETNG.-Th
Republican City Central Committee held a
meeting last evening according to appoint
ment, but without taking any definite action
adjourned until TO night, for the purpose OF
then holding j1int meeting with the County
Central Committee, to meet at o'clock over
Wells, Fargo 81 Co.'S, on Second street.