Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-20
RICHMOND VS.. ALBION.
Second Day of the Great Injunc-
ton Trial.
CONCLUSION OF PLAINTIFFS
TESTIMONY.
Opening Statement of Senator
Stewart.

Stewart.
Introduction of Evidence fer ths
Albion.
The District Court convened at 10 A. NJ
yesterday, Judge Rising presiding. The
same throng Of interested spectators were
present. The first thing in order was the
introduction Of further documentary evi.
dence, such as. deeds, patents, etc., by
plaintiff.
Mr.. Wren was sworn and took the stand.
He testified to having located the st. David
in his own name, as President of the Rich
mond Company of Nevada that he had
subsequently executed a deed in due form
Of the property to said company, but that
the instrument had been mislaid in his
office, and after diligent search he had
been unable to find it. Counsel for the
Albion objected to this kind Of testimony,
ter went over to allow further search to be
made.
Joseph Potts was the next witness put
upon the stand. His testimony was in eff
feet that he had posted the st. David no.
tice while foreman of the Richmond mine
that the point of loo alton was in shale /;
that he did 5000 worth of work for two
successive years on the st. David location (;
that he never saw any ledge, or ore, or
mineral on the claim.
Thomas Brown was called to identify
the location of the Poorman. He had re-
sided in the district since 1869. Knew the
Poorman claim and had read the notice
posted thereon. On cross examination a
copy of the same notice was placed in his
hands which he was totally unable to read.
Messrs. Wescoatt and Richard were re-
called and asked a few additional ques-
tons. The former testified to the work
on the Poorman, and the latter to ore
from the same claim which he was having
assayed.
Works on mining, from a scientific
stand point, were offered in testimony, to
which his Honor replied that counsel
might quote at pleasure from standard
authorities. Plaintiffs case here rested.
THE DEFENSE.
SENATOR OIeWdII Luhuc tu6 Opbullb etdtt-
ment for the defense. 1t was an able and
telling presentation Of the facts from his
side Of the case. He was sometimes face
tious, at Mr.. Wren's expense, at Others
eloquent and always forcible. The big
lode theory received his hearty approval;
it was the only sensible theory that could
be applied to Ruby Hill for the guidance
OF practical men and to protect the rights
of miners; he cared not how the ore was
formed; it was enough to know that it is
there; we must deal with practical ques-
tons as practical men for practical pur-
poses; courts are instituted and maintained
for this purpose; the lode is clearly de-
| fined with regular walls, both foot and
hanging every notice, patent and paper
filed in evidence by the Richmond, and
every drift and tunnel and excavation, all
operations and explorations by said COM
pany within these walls, were silent but
potent witnesses to the existence OF one
great lode on Ruby Hill. He would show
that the Virginia claim was not located
and bounded as claimed by the plaintiff
| that the effort to stretch it out over the
disputed territory was an after thought
for the purposes of this action that the
Poorman was located on the Tip Top
| patent that the work on the Poorman
had been performed for years within the
patented lines of the Tip Top, and this too
before the Richmond had acquired the
Poorman title, such as it was that the
Virginia title, even if it confiicted with the
rights Of defendant, had at one time
passed into the hands Of N alien foreign
corporation, which could not hold mineral
land under the law as it then stood that
the rights OF the Uncle Sam claim, now the
property of the defendant, had interviewed
that the st. David was located on the shale
outside of the lode, and amounted to no
location at all that the st. George patent
was false and fraudulent and wholly void .
that the Land Department had enormously
assumed jurisdiction and issued the patent
while an adverse claim 1.-THE Uncle SAM
was still pending settlement in the Courts,
| and finally, that the defendant should rely
| upon the Uncle Sam title, which, being on
the limestone, and therefore on the lode,
was good as against the world to that
portion OF the great lode west OF the Tip
Top westerly end line. When Senator
| Stewart had finished the Court recessed
until 2 o'clock.
AFTER RECESS.
Thos. J. Read, Surveyor and Mining
| Engineer, was the first witness put upon
the stand for the defense. Mr.. Read proved
to be a remarkably clear and able witness.
He was perfectly familiar with all the
mines on Ruby Hill, and described the
various workings in a most Intelligent
manner. He regarded the limestone zone
on Ruby Hill as one great lode, with well
defined walls-the ore occurring at lrreg-
ular intervals and in irregular bodies pro-
mis~cuously through the limestone the
lode varies in width from almost nothing
up to 700 or 800 feet all of the companies
ON Ruby Hill stop their drifts when
they reach the shale on one side and the
ouartzite ON the other; in one place In the
X K the ore had extended from wall to
wall; had surveyed for parallel claims on
the lode on Ruby Hill because the owners
directed him to do 50; the Phenix claim
covers the whole lode; in approaching an
ore body on Ruby Hill the limestone
usually gets soft and will assay from a
trace up to rich ore; estimated that the
Richmond Company had taken not less
than $500, 00Oafrom the ground in contro.
yersy; it is the custom Of the miners OF
this district to locate their claims but 20o
feet in width; explained the map and
pointed out one place where it is l,76o feet
between the shale and quartzite on the
surface.
VIM, Arlington, sworn. Had been a su-
p~erintendent of Ruby Hill mines for four
wears familiar with that portion OF the
iodo fron, tho Richmond running south 10