Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-24

The Last Day of the Great Case
Argument Ex-senator Stewart.

The Last Day of b Great Case
Argument of -senator stewart.
Yesterday was the last day Of the great
case on trial for the last two weeks between
Rose and others and the Richmond Min
ing Company. The Courtroom was densely
packed with spectators throughout the
day. The throngs that have gathered to
hear the arguments of counsel for the AL
bion have been in striking contrast with
the slim attendance whenever the Rich
mond's side was being presented. This
comes doubtless of the fact that the great
popular heart is with the weaker party
to the contest. On one or two occasions
yesterday there we're subdued demonstra-
tions Of applause when strong points were
made by the speaker for the plaintiff. The
Sheriff promptly checked all exhibitions
Of enthusiasm.
Senator Stewart closed the case for the
plaintiff. He began at 10 A. M. and fin
ished at about 4:30 p. M. His effort WAS
by long odds the noblest delivered in this
celebrated litigation. He made the whole
thing 80 simple that a ten-year-ol old child
might understand the real issues presented
" uCbCl LuinutlOns IN o0io1 dLiOlb OtiiCA
things, that there had been SO much rub
Dish injected into and thrown about the
case that it became his duty to get back to
the real issues involved; spoke Of the
multifarious defenses and the mysteries
that had been drawn about the case by the
defendant, zone of them important; showed
that 10 or Is Of the Richmond patents in
cluded each a discovery claim; none Of the
claims, however, cut any figure in the case
except the Tip Top and St. George; the
real issue is between the St. George and
Uncle Sam; the Uncle Sam was located
Jan. IA, 1872, when it was absolutely
vacant; the st. George was located a year
later; the Uncle Sam claim inter-
fered with nobody at the time
of its location; Rose was an Ameri-
car citizen and had q right to To-
cate the Phillips location had been made
prior, but all of the evidence shows that
Rose was the first discoverer OF the ledge;
both Phillips and Haskell testified to the
abandonment of the Phillips claim in the
Fall Of 1871, therefore the fact of their
having gone there at all cuts no figure
the ground was unappropriated public do
main when located by Rose; Roses loca-
ton, the Uncle Sam, is the Oldest ON the
great ledge west of the Tip Top we claim
to the Tip Top line, according to the mon
uments put up for the patent; we make
no claim to that portion of the Uncle Sam
which jots past the Tip Top to the east
ward but to every inch of the ledge
westerly Of the Tip Top line extended we
have an u%ndoubted equitable right and ii
tie the Uncle Sam was located with the
greatest care the assessment work was
done year by year by Rose under the most
trying circumstances; he marked his
boundaries definitely and regularly in
fact no claim was ever better located and
kept up than this Uncle Sam Rose was
never out of possession a day or an hour
his possession was open inc notorious and
undisputed on the surface for a great many
years he and his grantees have continued
in possession and are still in possession
Rose, in taking an additional 200 feet for
discovery, only followed the universal
custom Of the miners OF the district
cited the Congressional mining laws Of
1866 and 1872, and said these statutes
recognized the customs OF the miners /;
Courts could not rip up the mining titles
on mere technicalities; the excess OF ground
taken by Rose, il thrown out, would not
injure the Uncle Sam claim, because it
would have to be Topped off each end, and
the Uncle Sam extends past the Tip Top
more than 100 feet; Rose would still
have his 800 feet on either side of his center
stake, which covers all Of the ground in
controversy; but the location is good and
valid for the whole 800 feet; there is nc
proof that the st. George was ever located
by anybody; it has not been shown that
anybody ever vent on the ground to post
q notice, or drive a stake, or do any other
act required by the mining laws; it has
never been shown that a pick has ever been
struck into the ground of the ST. George
on the surface; Corrigan states that he
merely located the st. George to protect
the TANKS OF the Richmond. They have
been tianking until they have trespassed
on all Of their %neighbors; Corrigan stipu-
lated with Rose not to interfere with his
Uncle Sam ground, and instructed Wren
TO carry out the stipulation; hence il was
that Roses protest suit was allowed to
slumber; he fancied that the whole matter
had been compromised between himself
and the President of the Richmond Com
pany, and the man in whose name the st.
George had been located; the proper man
to talk to under the circumstances; Rose
has the first and best right; his right to
the property is clear and unequivocal; the
the Richmond has sought to take his rights
from him wfongfully; the wrong thus
committed is what your Honor is now
called upon to investigate and determine
the rights Of the parties; Rose starts out
with the title; the first step to take it from
him was the subsequent location Of the st.
George. Here followed a history OF the
application Of the st. George patent.
Rose was a poor man; doing all in his
power to protect his claims; gave up some
of it to get attorneys to enter his protest
suit; Wren recognized Roses title for years
by attempting to negotiate for its pur-
chase; the continuance OF the suit was
Roses projection; if Wren had moved to
dismiss it for want of prosecution the mat
ter would have been precipitated in q mo-
ment; that was the proper course if he
desired to make the st. George patent
worth the paper it is written upon; Rose
had a right to feel safe. because no attempt
had been made to dismiss his suit; he had
a right to believe under the law that no
patent would issue interfering with his
ground so long as a suit was undetermined
in this court to establish the respective
rights OF the parties to the land; the suit
was alive and is still in existence and now
being heard by your Honor as to our right
of possession; Immel and all the rest Of
the land authorities acted without jurisdic-
ton; Rose was lulled to sleep by stipula-
tions to compromise and offers to purchase,
while clandestinely and suspiciously the
Richmond was getting q patent at Wash
ington-a patent which / have no doubt
was fraudulently issued by the land
bureau-issued in defiance of all law and
jurisdiction and right in the face OF Secre-
tary Chandeliers instruction to the Land
Commissioner that no patent could issue
while an adverse claim was being deter
mined in the courts; after all these false
promises and undetermined and indecent
games, does 1t lie in the mouth of the Rich
mond to accuse Rose Of lachesf Rose was
waiting to see what further developments
would transpire in the Richmond's uni
form line of oppression toward HIM; the
statute OF Limitation never runs while q