Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-07-14

The Fifth Day Of the Great Case

The ktftn Day o. the Great tbscs
Yesterday was the fifth day Of the liti-
CATION between the Richmond and Albion
Companies. The first thing in order was
| the calling OF the roll Of jurors, who had
been summoned under the new venire.
Quite a large number answered to their
names. They were then excused until
next Monday. Both sides stated that they
were ready to proceed with the trial.
The first witness called for the Albion
was 4. II. Rose, the locator i'll 1872 Of the
Uncle Sam claim. Mr.. Rose testified to
the posting Of the notice OF location and
to the performance Of the necessary an
nual assessment work year by year down
to the date Of his parting with the Uncle
Sam title, some three years ago. He was
clear and straightforward OF every point.
All the circumstance regarding a prior
location of the Uncle Sam by Phillips and
others were brought out by cross-e xamina-
ton, precisely as they were before Judge
Rising. Rose had been upon the ground
and dug several holes, intending to appro-
pirate ii as soon as he could satisfy him
self as to the proper point to make a loca-
ton on the ledge. Phillips came to him
where he was working On the West
Point mine on Adams Hill and asked him
if he knew where he (Phillips) could To-
cate a good claim. Rose answered that he
did, and agreed to go and show him pro-
vided Phillips would put him in.
Phillips promised to do 80, but lied
about it and left him out. There are
scoundrels OF Phillips stripe in this dis
trict yet, but as a rule they are too base to
look an honest man squarely in the face.
Phillips did about half a days work in q
hole that Rose had dug, and then aban-
doned the claim. Finding it abandoned,
Rose located it as the Uncle Sam, and con-
tinued in uninterrupted possession for sew
eral years. He considered himself the
first discoverer of the Uncle Sam ledge
and claim.
Senator Stewart objected to anything
going in about the Phillips location. 1t
had been abandoned and gone out Of ex-
istence. After considerable sparring be-
tween counsel, the Court stated that it did
not desire TO restrict the investigation, and
wanted all possible light. Irrelevant mat
ter would be excluded before making up
the final judgment.
A few other questions having been asked
the witness, direct and redirect, the Court
took q recess until 2 p. M.
ERN SESSION.
JhIu6b W. IllAUu was LILO ncAt Wltutbo
called. He, too, was one Of the original
l~ocators of the Uncle Sam. He testified
to advancing money from time to time to
keep up the assessment work, and gave
other testimony concerning the location
and history of the claim.
Recorder Molinelli was placed upon the
stand to prove the custom OF the miners
of the district regarding the appropriation
Of discovery claims. The question was
objected to, and a long argument ensued.
The Court decided to admit the testimony
for the purpose Of ascertaining whether it
had been the custom of miners to take a
discovery claim in conformity with the
notice Of the Uncle Sam location. The
defendant filed an exception. The Re-
corder was directed to make an abstract Of
the mining records on this point and have
it ready this morning.
Superintendent Robinson next appeared
with the books of the Albion Company, by
which it was proven that the necessary an
nual expenditures for assessment work had
been made on the Uncle Sam since the IT,
tie passed from Rose.
Thomas J. Read was sworn and pro-
duced q map Of the Uncle Sam and st.
George claims, to the correctness OF which
he testified. He made all necessary ex-
plantations, and was allowed to step down
and out.
A number of deeds we're then offered,
tracing the title of the Uncle Sam from
the original ~locators into the Albion Con
solidsted. Certified copies Of the articles
Of incorporation of the Albion and Uncle
Sam companies were also offered. Coun-
sci for the Richmond objected to the intro
duction of these documents, and were
given until this morning to make prepare
ton to argue the point raised.
1t is inferred that the Albion's opening
case is about in. 1t will probably be con-
cluded by noon to-day. The Albion, how
ever, will offer further evidence in rebuff
tai. Court adjourned until 10 A. NJ. to-day.