Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-19
ALBION VS..
The Ninth Day OF the Great Case.

Ahe OOurt hsseuiDieu ycstcruay ulornluk
at the usual hour. There was the usual
throng in attendance.
Mr.. Wren occupied the attention Of the
Court until about 1890 o'clock, in oppo.
sition to the introduction Of testimony
touching the validity of the St. George
patent. He reviewed the authorities al
length, bearing apart the point in contro-
versy, maintaining as before that under
the pleadings 1t was not competent for the
patent to be called in question. At The
conclusion Of Mr.. Wren's remarks, Judge
Riyes read the statute OF Nevada and that
of Congress comforting jurisdiction on
this Court to hear and determine the right
Of possession Of parties to disputed min
eral lands in cases Of application for
United States patents, and then said:
"Both of these statutes, in my judg-
ment, contemplate that this Court has
but the right to determine the right of
possession. That is the only privilege of
this Court in this kind Of an action. This
Affirmative matter that may be claimed by
the counse on one side, which idea is GER
tainly being fought very s%trenuously by
the counsel on the other side, does not
enter into my consideration at all in de-
terminiDg this question. Blu l think
tbis-that whilo a patent, as to its validity,
can not be attacked except by a direct
action itself, I think that any question
involving the right Of possession may be
incidentally considered by this Court in
determining the right Of possession. or
rather that is the extent OF the jurisdic-
ton conferred by our statutes. Now it
occurs to me, and l have written q query
1nWn harm which Af nn,,vaa rn,,ot ananra~
in deciding this case, which is: is it not q
fact that the statutes of the United States
and OF this State only confer jurisdiction to
determine the right OF possession in an
action OF this character? Then can /
decide in this case who has the right Of
possession2 Is it not a fact that all / can
decide in this case is, who has the right Of
possession, and can not determine as to
the trust connected with the patent, il
any This is the idea that / have, and
with a view to. determine the right of
possession, irrespective of n trust con
nected with the patent, / will admit testi-
mony on this subject. Let the testimony
be admitted"
The great fight Of the trial had been
made on this legal point. The Albion
had been urging for three or four days
that the testimony should be admitted,
and the Richmond for the same time had
been resisting its introduction. While
both sides claim to be satisfied with the
ruling. it is manifest that the Albion got
what IL wanted. whereas the Richmond got
what it didn't want. The Court took a
recess until 2 o'clock.
SESSION.
When the Court r~eassembled the defen-
dant filed formal exceptions to a non-suit,
and also to the introduction of the docu-
mentary evidence over which the great
battle had just been concluded. The I'm
Gle Sam protest was likewise objected to
on several grounds, among which was that
it failed to how that all Of the professionals
were citizens Of the United States, and was
vague and indefinite as to the nature, ex-
tent and boundaries of the adverse claim.
The Court held that these objections
should go over to the final argument Of
case. Another legal point was raised by
the defendant and overruled by the Court.
Defendant excerpts. The deposition of j.
j. Corrigan, at one time President OF the
Richmond Company, was next offered by
the plaintiff. Objected to by the defen-
dant. Objection oyerrnled, and the depo-
sition read. The document gose to the
point OF corroborating the testimony Of
Rose regarding a compromise between the
Uncle Sam and st. George claims, at the
time application was made for the st.
George patent.
conversations with Corrigan and Wren re-
tent and Uncle Sam dispute; went with
Corrigan to Wren's office, over Clark's
building; Corrigan said he desired to avoid
difficulty and did not want any part Of the
Rose ground; agreed to withdraw the ap-
plication for the st. George patent, and
told Mr.. Wren to fix the matter up.
On Cross-examination could not fix the
date OF this interview; knew there was
snow on the ground, on Ruby Hill. if not
in town; thought it might have occurred
late in 1874 or early in 1875; thought
Fisher was Superintendent of the Rich
mond at that time; would not be positive
as to the month or year; remember talking
with Corrigan about the time of filing the
Uncle Sam protest; first saw Manager Pro-
bert about the same time; never talked
with Probert on the subject Of the contro-
versy until 1878; had authorized Wren to
sell the Uncle Sam claim to the Richmond
Company; offered it at one time for $500.
simply to cover the work performed OF it
by witness; sold to the Albion for $4,000
cash, $1,000 contingent and 1000 shares
OF Albion stock; had said he wished the
stock might 60 TO $40 o share.
George W. Merrill was next placed upon
the stand. Was one OF the original parties
TO this protest suit; got 100 feet OF the
ground as a legal fee to attend the suit;
thought he was In Court when the motion
was made by Mr.. Wren to continue the
case for the term; consented to it in pur-
suance to a general understanding that the
matter had been compromised between
Corrigan and Rose, by the former agreeing
to withdraw the st. George application for
patent insofar as 1t affected the Uncle Sam
claim; to be let alone was all that they de-
sired. The minutes Of the Court for the
years 1878 and 1874 were then placed in
evidence.
The REORGANIZATION Of Mr.. Merrill
called out no new matter, further than that
he decided the 100 feet back to Rose because
he did not feel able to contribute his share
to keep up the assessment work.
Mr.. Molinelli was called to prove the
date Of the commencement Of the Uncle
Sam protest suit and the payment of the
docket fee required by law. Was not GER
tain whether the fee was paid in this case
or assumed by Clerk Harmon; Judge Har-
mon frequently advanced fees to liti-
giants; when he gave them credit
the case would be entered on the
Register Of cases as II paid in cash; q suit
was deemed commenced when it went on
the Register; had gone out several times to
collect fees from the parties to the Rose ac-
ton; identified 4 credit in the fee book Of
IS; supposed he must have collected it.
The Register Of actions showing that the
suit was commenced within the time pre-
scribed by law and the report Of the Clerk
to the County Treasurer showing that the
docket fee had been paid, including the
T~reasurer's receipt for the money
we're then offered aud admitted IN.
der objection from the defendant.
This matter having been disposed Of,
the Court adjourned to 10 o'clock this
morning.