Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-16
u vs.. RICHMOND.
The seventh Day Of the TREAT Cas-

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The Court convened yesterday morning
at the usual hour. There was a large at.
tendance throughout the day. The first
witness produced, for the defense, was Mr.
Phillips. Thisis the man who located the
Uncle Sam ground as the Phillips claim in
1871. His testimony was objected to by
plaintiff, but allowed to go by the Court.
Phillips admitted that the ground was
pointed out to him by Rose, but denied
that he agreed to put Rose in the location.
He said that Ross told him that he did not
care anything about the ground. Did
some work on the claim in the Fall Of 1871,
but never attempted to keep up the work
on it after that time.
On cross-examination witness testified
that he was to get 81, 900 from the Rich
mond Company for coming here, il he was
not detained more than ten days, and
81 500 If he was kept longer than ten days,
including all of his expenses.
W. Z. Haskell was next called. He was
one Of the three who located the Phillips
claim. Contributed to Phillips SIS to do
work upon it. Knew Of no work being
performed after the Fall Of 1871.
A stake having been brought into Court
with the words Uncle Sam claim writ
ten in pencil on it. presumably the writing
Of E. II. Rose, the latter gentleman was
called and requested to write the same
words on paper. Mr.. Rose dashed off a
fac simile Of the writing on the stake, SO
closely resembling it in fact that the de-
PENDANT made no use Of it in attempting to
impeach the stake.
N. Wescoatt came next upon the stand
aud told all about how he had found the
aforesaid stake about one month ago. 1t
was lying near one of the Uncle Sam cor
ners, but he thought it had been brought
there from some other place. He detected
a character OF soil on the bottom Of the
stake that could not be found within 200
feet OF where the stake lay when discov-
cred; neither did the stake bear evidence
OF having been driven in the ground.
X. Richard was sworn and explained the
underground workings of the St. George
patent, running back to the date Of his ar
rival here, six and q half years ago.
Thought the Richmond Company had OK
pendedS3O, 900 in developing the st. George.
Gould give no idea Of how much ore had
been taken from that ground. Had driv-
en- 7S0 feet on Uncle Sam ground at a
cost OF SIS to $40 to the foot. Had taken
ore out Of the Uncle Sam during 1880 and
1881.
W. C. Mccoy was the next witness. He
was examined chiefly as to the stake in
Court. Was positive that if it had been
standing it could have been seen from the
trail. The soil adhering to the stake was
foreign to the spot where the stake was
found.
Patrick Rossiter swCrn-Worked for the
Richmond from 1871 to 1876. During his
administration as foreman OF the mine a
drift was run from the Tip Top into the
st. George ground.
+. NJ. Main called-Kuew the Poorman
claim. 1t was pointed out to him by G.
Collier Robbins in April, 1871. Worked
on the claim during the Summer. Put
the shaft down so or 60 feet. Notice OF
Poorman location shown him, which he
recognized. The notice was then intro
duced in evidenced.
j. G. Whitaker was recalled, and testi-
fed regarding the situation Of the Poor
nan shaft.
Defense rests.
The plaintiff offered in rebuttal a tran
script of the proceedings of the Land
Department at Washington touching the ap-
plica,ion of the Richmond Company for a
patent to the St. George claim. The in
PRODUCTION OF this testimony was objected
to, and at this point the nub Of the case
was reached. The Court took a recess
until 2 o'clock, to allow counsel to bring
forward their books.
SESSION.
The Court reconvened at 2 O'Clock. Both
sides appeared with a CARLOAD OF
books, enough to paralyze every man in
the Courtroom. The reporters and spec
tators groaned audibly when they
49,. .,al.
tiles brought TO the front. Hobart said.
Hill you don't think they will read 'em
all do you?' The SENTINEL man whispered
back: "They may, if we all live long
enough to hear 'em through"
Wren opened for the defense, remarking
that we had arrived at that stage OF the
case where it is necessary to understand
the pleadings, and how far they go in this
action. II our patents introduced here
are good, that Is conclusive of the whole
case, II q direct proceeding is required to
set them aside, as is shown by the authori-
ties, why then this evidence the docu-
ments from Washington is immaterial,
irrelevant and improper in In action Of
this kind. The speaker went on urging
that a patent cannot be impeached in a
collateral proceeding, and read a great
number OF authorities from his standpoint
to sustain his theory and position. He
spoke for nearly two hours, his effort and
books falling below expectation.
The law for the Albion was read by one
Of the attorneys on that side OF the case.
The authorities had been well selected, |
and were strongly and u~nanswerably in
point. Case after case was read showing
the Albion's position to be absolutely i'm
~pregnable. We have not the space to
review them.
The point in controversy goes to the
very heart OF the whole case. The whole
thing comes back to the validity Of the st.
George patent. issued at a time when the
jurisdiction Of the Land Department was
suspended, pending the determination Of
the Uncle Sam patent suit. If
the Court permits the patent to be
assailed by the admission Of this
Washington transcript, it is by big odds
that the Albion wins the case. II, on the
other hand this testimony is ruled out,
that will be the end of all the litigation
and the end of the Albion Company at
the same time. So upon the ruling of the
Court on the point under consideration de-
ponds practically the result Of the contest
between the two companies. The disputed
point will be further argued to-day.
Court adjourned to 10 this morning.
ssHazel Kirke'' ON the Comstock.
The Virginia Chronicle concludes its
criticism OF the first performance of the