Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-04-10

Onacers and Zen Cited to Appear to
Answer 20 n Charge of COntempto of
Court.


Onfcers and Men Cited TO Appear ia
Answer TO a Charge of COntemp pr o.
Court.
Some time last year the Richmond Com.
pany commenced N injunction proceed
ing against the Albion Company. A re.
straining order immediately issued, made
r~eturnable in ten days, at the expiration
Of which time the parties were required to
show cause why the injunction should moi
be made perpetual, or until the case could
be heard and decided on its merits. Be-
fore the ten days had elapsed counsel for
the Albion stipulated in open Court that
the restraining order might be allowed to
stand until such time as they chose to move
to set it aside, on five days notice. Thus
the case has stood, and still stands in the
District Court. Yesterday the Richmond
instituted q proceeding in contempt, alleg-
ing that the Albion men had trespassed on
the territory which they had been forbidden
to enter by the restraining order aforesaid.
Following are the allegations Of the Rich
mond in the premises:
The Richmond Mining Company Of Nevada
vs.. The Albion Mining Company and Jo-
seph Potts.
n. Wescoatt, being duly sworn, deposes
and says: l am the assistant Superintend-
ent of the plaintiff in the above entitled
cause am well acquainted with the mining
ground and claims in dispute in the above
| nnfifIad oAftnr aud a.. fc.,,4 a-I L.
lieye that the defendant, Jos. Potts, and
John Williams, John Doc, Richard Roe,
and Bill Sykes, whose real names are I'M
known to afiant, agents and employees of
the defendants, the Albion Company, did,
on the day Of April, 1880, work upon
and interfere with the said mining ground
in violation Of the injunction Of this Court,
and also on the - day OF March did work
upon and interfere with said mining ground
to the great damage of plaintiff. l derived
my information from Thos. j. Read, a COM
petent civil and mining engineer, who made
surveys for the purpose Of determining the
point at which said Joseph Potts and said
employees were working on said dates.
Subscribed and sworn to before me this
9th day Of April, 1880.
E. R. DODGE, Clerk.
By E. M. BELL, D. G.
Predicated upon this affidavit the follow
ing citation was issued
In the Sixth Judicial District Court, Eu-
reka, Nevada. Richmond Mining Com
pany Of Nevada, plaintiff, VS.. Albion
Mining Company and Joseph Potts, de-
PENDANTS.
To Joseph Potts, John Williams, John
Doe, Richard Roe and Bill Sykes: You are
hereby cited to appear before me at my
chambers, in the town Of Eureka, on Sat-
urday, the 10th day of April, 1880, at -
O'Clock NJ, to show cause, if any you have,
and why you should not be lined or COM
mitted, or both for contempt in violating
the injunction in the above entitled cause.
HENRY RIvEs,
Eureka, April 9th. District Judge.
The Sheriff, during the afternoon, went
up to the Albion mine and cited the parties
mentioned above, together with John An
COVE, John Lee, Jerry Sullivan and NJ.
Mcnamara to appear before Judge Rives,
in Chambers, at 10 o'clock to-day. The
Albion officers deny that they have crossed
the Richmond line, some Of them holding
that they are not within forty feet OF it.
The whole question will, of course, turn
on the testimony of the surveyors. If a
case Of willful contempt is made out against
Mr.. Potts and his men, they will be liable
to fine in any reasonable sum in the dis
erection of the Court. The proceeding does
not necessarily interfere with the working
Of other portions Of the Albion mine. The
case is one in which the community at
large feel q deep interest, and the result
will be watched with no little concern.