Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-21
RICHMOND VS. ALBION.
THIRD DAY OF THE GREAT
CASE.
CONCLUSION OF THE ALBION
DEFENSE.
Introduction of Testimony in Re-
butta1.
THE HEARING DRAWING TO 4
CLOSE.

yesterday at 10 A. NJ.
Counsel for the Albion Introduced yari.
our documents, such as deeds, patents,
etc., Of the Albion ground. 1t was then
suggested that the business Of the session
might be greatly expedited by allowing
a little time for arranging the testimony
in proper order Of presentation. There
upon the Court granted a recess until
l1:30 O'Clock.
AFTER THE RECESS.
Joseph Potts sworn-Is q miner, and
had been foreman of the Richmond for
several years familiar with all the mines
on Ruby Hill explained their workings !;
OF the existence Of well-deined hang
ing and foot walls regarded the limestone
zone as one lode.
Cross-examined--Up to the big suit with
the Eureka Con. believed the Richmond to
be a pipe vein had seen no connection
from wall to wall at that time; has since
changed his mind from observations Of his
own ; had at one time traced out all of the
patented ground Of the Richmond in COM
pany with Surveyor Edwards, since de-
the country up there is covered
with stakes representing the various Saints;
have found bodies of ore in the Albion; not
~prospected much of the ground yet; have
run thousands of feet of drifts, upraises,
etc.; found ore at the bottom of the
deep shaft in punches, also in other
took out twenty or thirty tons,
which has been shipped to the fur
mace lately in a 45-foot Wine got
heavy galena ore had followed small ifs
sures and seams in the Richmond, with
here and there q bunch of ore all the way
down ; frequently lead to big bodies, but
never believed these cracks had anything
to do with the ore bodies in a limestone
formation had mined in a great many
places in this country, and in Europe /;
had followed down a crack in the Rich
mond to a point 1879 feet below the ninth
level and never found a pound of ore ; had
drifted both ways OIL the anne crack with
the same result; described the location of
the Albion and Uncle Sam mines on the
map, and after a few other u~nimportant
questions had been answered, gave way.
Col. E. N. Robinson was the mex wit
ness called; had been for q number Of
years the Superintendent of the Albion;
saw the northeast corner of the Tip Top
1878; made a diagram Of the premises
attached it to the deed of the Uncle
sam, by e. II. Rose, to the Albion Com
pany; had since visited the corner stake Of
the Tip Top and found it removed twelve
feet down the hill; had measured the dis
accurately with Mr.. Read and Mr..
Williams; also knows by actual survey and
measurement that the stake has been re-
moved; the Richmond has made a large
excavation in the Uncle Sam ground; i'm
to tell how much ore has been
extracted for the reason that the chamber
mas been filled with waste rock. The cross
examination Of Mr.. Robinson developed
of importance. The Court then
until 2 o'clock.
SESSION.
E. II. Rose was next placed upon the
Itand. Had lived in Eureka ten years
coated the Uncle Sam claim Jan. IA, 1872 ;
Identified the notice of location which was
cad had worked on the claim in 1871,
before locating it put up a monument at
he point Of location /; blazed cedar trees
It the northerly corners and placed stakes
It the easterly corners /; Mr.. Hixson was
With him when the boundaries were
had seen the stakes standing
light along until 1878, when he transferred
lis title to the Albion the blazed trees
AVE been cut down, but the stumps are
IT'LL there ; also the stakes at the other end
ire in their original places ; had a survey
md plat Of the claim made by Surveyor
Fine in 1873 the survey for the patent
ZONES within a few feet of the original
corners /; had stepped off the ground when
coating it the survey made but a slight
,hange in the measurement looked after
The boundaries a great many times prior to
1878 !; the notice having blown from the
marked a board "Uncle Sam
,laim,' which is still there; did about $500
worth OF work on the claim between May
10, 1872. and January l, 1875 in the year
1875 erected a cabin over the shaft, at q
cost Of S136, beside grading and other
work; in 1876 put up a windlass, with rope.
ETC., and performed twenty days
work; In 1878 did over 500 worth Of work;
Mr.. Hixson always contributed his part;
fled a protest against the application OF
the Richmond for the st. George patent;
had a conversation with Mr.. Corrigan, the
President of the Richmond Company,
about the matter Of the protest; Corrigan
said he would withdraw the application for
the patent if he (Rose) would Withdraw
his suit agreed to do so, and Corrigan
told Wren to fix up the matter Wren re-
piled that he would see to it; reported
these facts to his attorney, Mr.. Merrill.
Gross examined-Didn't recollect show
ing Mr.. Wescoatt the boundaries Of the
Uncle Sam at any time; had the south q
the Uncle Sam 100 feet further up the
hill at one time; Fine made the plat with
out going to the corners; the Uncle San
and the Phillips claim are one and the
same: Phillips posted a notice, but witness
had done the work prior to that time;
showed the claim to Phillips who agreed
to locate him in it, but he went the next
dav "and located him OUT" Phillips put
up no monument.
T w. Hixson sworn. Resides in Taylor
District, White Pine County; came to Eu-
reka in September, 1869; one OF the TO-
Gators of the Uncle Sam; identified the
notice which calls for 800 feet, 200 feet
being for the discovery; did six days
work on the claim within two weeks after
its location; paid about $40 a year since
on a fourth interest to keep up the assess
ment work.: described the boundaries the
same as Rose; blazed trees at n end and
stakes At the other; c~orroborated Rose in
all other particulars.
Thomas J. Read re-called-The corner
stake of the Tip Top had been moved
about 70 feet down the hill between the
time of the application for the Albion pa
tent and the present time the TIP Top
corner wal pointed out by Judge o
snd ether Albion men who were assisting
in making the survey. ,
.John n. Williams called-Is familiar
with the Uncle Sam claim /; worked it in
1889: did a great deal of work on it
more than 81 900 worth assisted in locat'
ing the Albion claims boundaries were
marked with stakes md monuments tns
natant stakes change the corners a very
little. owing to the more accurate measure,
ment identified copies Of the notices Of
location worked regularly on all OF the
Albion claims the original Tip Top corner
has been moved ~ feet 8 inches.
D. II. Hall, sworn-Have been interested
in the Uncle Sam since 1873
-. =, intaraat from SoldeI