Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-15

The SiXtn Day OIL 6reat case
The trial Of the Albion-R Richmond case
was resumed at 10 o'clock yesterday morn
ing. The first thing in order was an argu-
ment by Counselor Wood for the Albion
regarding the validity Of the Incorporation
of the Albion Consolidated Mining Com
pany, the same being an answer to an
the legality Of certain papers offered in
testimony at the close of the previous
days proceeding. The objection was finally
withdrawn and the papers admitted.
County and Mining Recorder Molinelli
was the next witness called to the stand.
The witness testified to the correctness Of
\ an abstract OF the mining records, show
ing the number of locations that had taken
a discovery claim of 200 feet, and the
number that had not appropriated the
additional 200 feet prior to 1872. The
proportion was about 20 per cent in favor
OF discovery claimants. The exact num-
Der appears in another article published
elsewhere is this issue of the SENTINEL.
Mr.. Molinelli stated that he derived his
information from the records and the law,
and knew nothing about the matter from
personal observation.
One of the attorneys for the Albion was
sworn and ran through the abstract
furnished by the Mining Recorder. He
testified that he found from the record
that the nine ~locators Of the Buckeye
mine, situated on Ruby Hill and on the
mineralized zone, appropriated 200 feet.
The Lookout, a square location, seven
men, took eight squares; the Nugget, three
men, took four squares; the Jackson, five
men, took 1,200 feet.
The cross-examination drew out moth
ing Of importance.
Plaintiff here rested its case.
THE
A motion by counsel for the Richmond
for a nonsnit was overruled without dis
cussion.
The Victoria patent wal then offered in
evidence. Objected to by the plaintiff on
the ground that it did not embrace any of
the surface ground in controversy. After
a long legal russell it was finally agreed by
counsel that the patent should go in, sub
ject to o motion to strike out on the final
argument Of the case, or at some other
proper time. The Court so ordered.
The same course was pursued with ref
erence to the st. George patent, which was
next offered.
The Tip Top patent came next. Its in
PRODUCTION was objected to for the reason
that it had not been shown that the Tip
Top was on the came lode as the Uncle
Sam. Senator Stewart said he was willing
it should be put in if counsel for the other
side would admit the fact that it was on
the same lode, but he strenuously objected
to this system of blowing hot and cold.
Mr.. Wren: "That is precisely what l
propose to do; to blow hot and cold"
The Court, addressing Mr.. Wren: "Do
you propose to follow up this patent with
violence showing that it is on the same
lode?'
On being answered in the affirmative
the paper was admitted.
Mr.. Wren: 81 submit that this is asking
too much"
The Court: al differ with you radically.
l should have required you to make the
admission in the beginning"
1t will be seen from the above that coun-
sci for the Richmond are very 10th to adj
NIT the existence of the big lode, notwith-
standing the decision OF the Supreme
Court Of the United States.
Mr.. Wescoatt was next called. He tes-
titled to being a surveyor, and explained
the delineations on a map OF the disputed
premises and adjacent claims which he had
made from ACTUAL survey and measure
ment. He also gave testimony regarding
the boundaries OF several claims, and fur
nished estimates Of the value of the work
performed underground by the Richmond
on the st. George claim. He estimated
the amount at from $40. 200 to $50, 900.
About So. 900 or $1,000 worth Of this
work had been lone ON the Uncle Sam.
All of the work had been performed within
four years, but the greater part Of it within
thel last two years. Mr.. Wescoatt also tes-
titled to o conversation with Mr.. Rose
some years ago about certain corner stakes
OF the Uncle Sam, which we cannot report
intelligently, for the reason that the posi-
ton Of the stakes could not be ascertained
or understood by those not critically
viewing the map.
The cross-examination OF the witness
failed to elicit anything of importance not
brought out on the examination in chief.
J. G.. Whitaker sworn. Worked for the
Richmond Company in the Lizzette tunnel
in 1873. Passed along a certain trail every
day for six weeks, and saw no stake at q
given point; thought he would have seen
it il there had been one there.
Cross-examined without results.
Court adjourned to 10 O'Clock this morn
ing.