Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-22
RICHMOND VS.. ALBION.
FOURTH DAY OF THE LITI-
CATION.
ALL OF THE CASES IN AND READY
FOR ARGUMENT.
The Talk to Commence This
Morning.
THREE SPEECHES ON A SIDE.
His Honor Favorable to the Big
Ledge Theory.

HIS AhOhhOr EatOfaDie 10 the bfG
Ledge Theory.
The Court convened as per adjournment
at 10 o'clock yesterday morning. The
first thing in order was the introduction
of an affidavit by the defense, from J. j.
Corrigan of San Francisco, at one time
President Of the Richmond Company Of
Nevada. The affidavit sets forth that Mr..
Corrigan, while on his way to Europe in
1874, stopped over in Eureka, and while
here stipulated with the owners of the
Uncle Sam to withdraw the application
for the st. George patent in SO far as it con-
fiicted with the Uncle Sam ground. This
closed the case Of the defense.
Mr.. Wescoatt was recalled and testified
to the relative positions Of the Tip Top.
st. George, Uncle Sam and other claims,
as laid down on the map in Court.
W. p. Haskell sworn for the plaintiff.
Knew Of the location of the Phillips claim
in September 1871; was one of the ~locators,
and contributed S75 or 500 towards per-
forming labor ON it.
Mr.. Wren next made q statement and
produced letters to show that Corrigan
was in London from May to November in
1874, this testimony tending to show that
Corrigan was not here at the time the al
legged stipulation with the owners OF the
Uncle Sam was made.
Mining Recorder Molinelli produced the
Mining Records, which were put in evil
dence.
W. G. Mccoy recalled-Testiied that it
was the custom of miners in the early days
Of the district to locate their claims 200
feet wide, Independent Of the width Of the
ledge; taking 100 feet on either side OF the
ledge in addition to the width Of the ore.
A map Of the mines of Ruby Hill, ex-
ecuted by Surveyor Edwards, deceased,
was offered in testimony and allowed.
j. G.. Whitaker testified that he worked
for the Richmond Company in the st.
David tunnel in the years 1873, per-
forming 500 worth Of work each year over
and above the material furnished.
Cross-examined-Saw no ledge or vein
in the tunnel, but encountered red lime
and iron, which he considered IN indica-
ton Of ledge matter.
VIM. Richards sworn-Had worked for
the Richmond in the st. David tunnel in
OF hOthCh IL hdNb az &f q hnl Wdo 10
sisted by James Monnahan.
This closed the testimony in the case Of
the Richmond vs.. Albion, and the Court
ordered a recess until 2 O'Clock.
AFTER THE RECESS.
On reassembling His Honor said the
next case on the calendar was shat Of Rose
ct al. VS.. The Richmond Mining Company.
Senator Stewart-We submit this case
on the testimony already in.
Mr.. Wren / object.
Senator Stewart-That is our case, and
the gentleman may avail himself Of all the
objections he is able to invent during the
progress OF the argument.
Judge Harmon was then called for the
defense and testified that he was County
Clerk from March 90, 1873, to Jan. 1, 1879.
He examined the Court Register, and said
the papers in the above entitled cause were
filed Oct. 81, 1878 the fees were not paid
at the time found a credit Of SIS later, but
not in his handwriting it was his custom
to accommodate attorneys and litigants
with reference to fees when they happened
to be short, paying the amount out Of his
own pocket into the Judges Salary Fund
at the first Of each month.
Mr.. Molinelli, who was employed in the
Clerks Office, testified to the receipt OF IS
Aug. 8, 1874, the same being placed tothe
credit of the plaintiff In the case OF Rose
ct al. VS.. Richmond.
Mr.. Wescoatt ~recalled-Gave thea average
width of the limestone zone in the vicinity
Of the Eureka Con. mines; the whole zone
is not covered by the Eureka Con. mines
which were involved in the case calling
forth the decision Of Judges Field, Sawyer
and Hillyer; the ore found in the Uncle
o. - s-4% 4ln FTSx~ Tow fhn fnr
or apex is in the Tip Top ground; three
distinct ore bodies have been followed by
the Richmond; the ore in the Tip Top &C.
ours approximately 200 feet higher than
where it is found in the disputed territory.
Cross -examined-Have worked east OF
the side lines Of some Of the Richmond
claims; only a small amount Of the ore
claimed TO be in the Uncle Sam lies out
side Of the Tip Top end line extended.
The defense here rested.
Mr.. Merrill was called for the plaintiff,
and stated that the fees were not demanded
by Judge Harmon when he filed the orig
inal papers in this case; "Rufus" was
clever and easy going, and usually gave
the attorneys a chance.
The case was then formally declared
closed, when His Honor stated that the
next n in order was the Richmond vs..
Albion Consolidated Mining Company.
In this case both sides rested on the tes-
timony already adduced.
There was a good deal of parleying as to
how the argument should be
Mr.. Wren wanted the cases argued sepa-
rately. Senator Stewart did not care now
thew we're argued, so that he get the
last say on the law of the case. Judge
Rising said he did not propose to limit
counsel as to time; he wanted the subject
fully discussed. 1t was finally determined
that three speeches should be made on a
side. The Judge hoped that the argu-
| ments would be concluded in two days, as
| he desired to leave for home Sunday morn
| ing. He also suggested that he might
| possibly reserve his decision for a m
| and to save another trip to Eureka, he re-
| ouested counsel to %stipulate that his
| opinion in writing might be filed with the
CLERK at some future day. Counsel on
| both sides assented. During the delivery
| Of these remarks His Honor indicated
| plainly that he was disposed to maintain
| the Big Ledge theory he thought the ties
timony established it, and the Rich
| mond had not seriously controversial
| L.. Another reason why he wouio
| like time TO consider the matters in ISSUE
| was the pending case of the Richmond vs.:
| Eureka Con. before the Supreme Court OF
| the United States. A decision was ex,
pected in that case at an early day, ana
ssbopld II affirm the decision Of the lower
Court, his duty would be rendered less
snbiect to embarrassment. At the conclu-
sion of this statement the Court was ad-
iourned until this morning at 10 o'clock.
The arguments no doubt will draw an in
creased throng Of spectators. On the
! Richmond side Cheney, Lansing and
Wren will do the talking, and on the
other. Stewart, Wines and Wood.