The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-05-11
Marshal ShaUghneSsY Sues thu On
tario for Ten Hundred ThOuS-
and Dollars.
Z Suit WOt is a Suit.

/ Ter anu exhaustive legal 0s0t. l0 THIS
suit, as will be seen, the Ontario ia on
top. The final outcome is not likely
to be seen in many a day.
TERRITORY OF UTAH.
In tie District Court for tie Third
judicial District Of Utah Territory.
Michael sbaughaessy and
Eudora Shaughnessy,
Robert G Chambers,
George Hurst and
The Ontario Silver Mining
Company,
Defendants.
SALT LAKE COUNTY, SIS.
The plaintiffs complain and allege:
That the plaintiffs are the owners in
the possession and entitled TO the pos-
session Of that certain mine and min
ing claim situate in the Uintah Min
ing District, Summit County, Utah
Territory, called and known as the
Henrietta Mining CAIN, and more
particularly described with magnetic
variation OF 16s so east, as follows,
to wit: Commencing at a point in
the northerly boundary line of said
Henrietta Mining claim, az officially
surveyed, aud II 32-100 feet north,
GO vest from the northeast corner of
said claim, as officially surveyed by
plaintiffs, from which said corner
United States Mineral Monument
No. ], in said Uintah Mining
District, begins north $40 or
east 1,04S 62-100 feet distant;
thence from said commencing point
south 45o, west 2l1 2-1OO feet to the
southerly boundary line of said Hen
riett2 Mining Claim; thence north !
so west /. 1853 so 100 feet; thence
north go east 45 fl 100 feet; thence
south 84o 30\ east 2, 200 l4-l00; thence |
north 81 30> east SO 22-100 feet; thence |
north 90 east 81 37-lO0 feet; thence |
south go east 1,428 6S-100 ieet, 10 |
the place Of beginning, containing an
an area of 6 38-100 acres.
That the plaintiffs are the owners |
OF all the veins aud lodes OF rocks
b. airing silver and other metals, in |
said above described surface ground, |
the apex of which are within said |
boundaries.
That the defendants claim to be
the owners OF certain mining claims
called the Oatsrio Mining Claim and |
the Last Chance Mining Claim, stu
ate in said Uintah Mining District
and near the said Henrietta Mining
Claim, and ere working and opera
ing in said mining claims by means
OF dips, shafts, drifts, cross-outs and
levels.
That, as plaintiffs are informed
aud believe, the said defendants have
extended their underground workings
frem the Ontario Mining Claim
TO and into the vein containing
silver and other precious metals be-
longing to the said Henrietta Mining
Claim and the property of the plain
tifis, and for long inns past, to Wit
for the space of elk months last past,
have been and are now removing, by
means of and through said under
ground workings, large quantities OF
valuable silver ore from eaid vein,
belonging TO said Henrietta Mining |
Claim, and the property of the plain
Nfs, and have appropriated the same
to their own use, without the know.
ledge or consent of the plaintiffs.
That the defendants and their |
agents and employees, have
the entire and exclusive control of !
said Ontario Mine and Mining Claim.
and of all the machinery, hosting |
works and apparatus inr operating |
and working the same, as well as
OF all the shafts, drifts, levels and |
underground workings of said Or
tario Mining Claim, and that plain
tifs have no access to said under
ground workings.
That defendants claim TO b. tx
extracting ores from q Vein IN the /.
westerly cad Of said Ontario Mining I
Claim, AID the east riy IN II saI1 |
Last Chance Mining Claim. and t.
be working and extracting eaid ores
from sail vein, through said |
underground workings o. said |
Oolario Mining Cl4im; bnt |
on information ana belief. pan
tifis aver that at least 100 linear feet |
of said vein claimed 20 be in said |
westerly end o. said Ontario Mining |
Claim, and sll Of the vein claimed 10y |
deieudanta TO be in the Last Chance |
Mining Claim, and from which de
PENDANTS have been. aud are now re-
moving said large quantities of val
liable silver ores, belong to said Hen
rieits Mining Claim. and is and has
been during all the time ssid plain
tifis h-ve been removing said ores as
aforesaid, the property of the plain
tiff, and that seid ores so removed as
aforesaid by defendants, as plaintiffs
are informed aud believe, to the value
OF s1.000,000, are and were the
property OF the plaintiff.
That ssid !respass has been done
without the knowledge or consent Of
the plaintiffs, and within the Henri
eta Mining Claim and vein. and at
points no: visible except to those who
lGFb aECCso ~ emu uuuCl ElDIHu
works belonging to and extended
from said Ontario Mining Claim, aud
which, as aforesaid, are in the ex
clusive possession of defendants.
That byIeason OF said exclusive pos
session of said defendants and the
exclusion of the plaintiffs from said
underground workings, the plaintiff
are not abs to estimate or state posi-
lively the amount OF ores extracte
by the defendants, as aforesaid, and
eau only state the valne thereof from
inform alton and belief; but as plain
tifis are informed and believe. the
value Of the ofes 80 extracted by the
defendants, the property OF the plain
tifls, is ten hundred thousand dollars,
aud that by reason OF the premises,
the plaintfis have sustained damages
to the amount of ten hundred thous-
and dollars.
In addition to the allegations here.
iubefore coz. aimed, plaintiffs fhrther
sllege that said Henrietta Mining
Claim, hereinbef6re desfcibed, aud
the property OF the plaintiffs is valu
able only as mining ground and for
the mineral ores therein contained, and
that the extraction aud removal of