The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1881-05-01
Close OF the .R.fi..ad-Ai.Io.
fhn

fhah.
The Richmond Albion case which has
been Oh 'tr4al at Eureka iiHee Monday
rssSnin2. zas bronyat to close Satur.
day evening. The Sentinel says:
Senator Stewart occupied tho fore
noon and Mr.. Wren the afternoon.
The Courtroom was densely packed
thrGughoht The day. many 1Adies being
pteSsns hdtakihs d lively interest ia
the discussion.
serator Stewart fully maintained his
reputation As one Of the greatest min
ing lawyers on the Pacific Coast. H.
ts wfthairn able aud sloqusnt advocate
he went over nearly the whole scope of
testimony taken during tire progress OF
the trial. Not material point escaped
him. and when he came to apply the
law to the facts in the case his reason-
ing seemed absolutely ununswerabl-.
It has been apparent all throngh tt,.
trial that the Albion case had eeen prr
pared with great care and system, indi
eating the presence Of some mast.
hands in the contest. Pretty mucl
everything asserted by Senttor StevGr.
in the opening Of the case four day .
ago, was established by docu. sut.r!,
and other proofs.
NJ wren made as coed a speech a.
he ever did ID his life. He Occupied
the hopr something like three hours.
eliciting marked attention from tn.
Court, bar and spectators. His reason
ing was deliberate. close and as logica
as the facts AMI circumstances sur
rounding the Case could possibly war
rant. He courte0usly conceded and
waived several important points which
the law and evidence had clearly estab
lished against him. The big ledg.
theory was not seriously controver,ed
the Virginia location was abandoned n,
very bally mixed claim. and the righr
OF the Land Department at Washington
to issue patent pending the hearing
protest suit in the Courts was &C
knowledged to be poor policy and one
subject to such abuses as Senator Stew.
art had urged. But he denied and in
sisted upon it, that the protest OF the
Uncle Sam against the St. George pat
eLt vas sufficient under the law; that il
was lacking in several essential ele
ments which we're enough 70 render il
absolutely wotthless aud void. He also
contended that tho Poorm.n No. 2 claim
Of the Richmond Company was good
and valid title and vested in tho plain
tiff tho best right to the disI t:ed terri
tory.
When Mr.. Wren had concluded hi,
argument, 5udge Rising said he had
clear convictions regarding the rights
Of the parties. but in justice to this liti
gants mud himself. ho would take lii
tie time to moro thoroughly study th,
case and authorities bef3re giving his
decision. He also notified counsel tha
in the case Of the Tip Top he would b,
governed by the calls Of the United
States patent to that claim. This re
mark by His Honor has caus d many
persona to presume that be considers
the Tip Top westerly end line extended
across the ledge to the shale to be about
the proper dividing line between the
two companies under the showing mad,
during the trinl. Should this be his
decision, the Albion would lose some
thing over 100 feet off the south end OF
the Uncle Sam location, aud the bo.
nnnza in dispute woH,d lie severed iu
twain, the Richmond getting the big
end OF II so far as the ore has been de
veloped. But, Of course, this Is mere
speculation on the outside. The con.
tinuance Of the injunctions pro and coll
and the st. George patent ats all serious
questions claiming the cateful consider
ntion Of His Honor.
Whatever may be the decision reached
howevcr,it is quito certain that this com
munity will receive /, as the impartial
Judgment OF a sound aud upright Judg,
for judge Rising has endesrcd himself
to dur people by spint OF franknes.
md fairness thrJ ighout this great triul
lie requested the Clerk OF tho Count I,
send hita By express. to Virgins City.
all tho maps, tracings, papers
etc., that hp might stsmine them before
making up his decision. lie then sd
journed the Court to May 18th. remark
ing that his decision would bo hled il
writing by that date
ON Thursday night, at Charleston, II
.,ito. ,.o,, rtonA,,on. ,h.s. .>-t,o.,