Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-24
RICHMOND VS.. ALBION.
END OF THE GREAT TRIAL.
STEWART AND WREN ON THE
ISSUES.
JUDGE RISING RESERVES HIS
DECISION.
COURT ADJOURNED TO MAY
18TH.
A Written Opinion TO BE Filed by
that Date.

The arguments in the great case Of the
Richmond against the Albion we're con-
cluded yesterday. Senator Stewart occu-
pied the forenoon and Mr.. Wren the
afternoon. The Courtroom was densely
packed throughout the day, many ladies
being present and taking q lively interest
in the discussion.
Senator Stewart fully maintained his
reputation as one Of the greatest mining
lawyers on the Pacific Coast. He is withal
an able and eloquent advocate. He went
over nearly the whole scope Of testimony
taken during the progress Of the trial.
Not a material point escaped him, and
when he came to apply the law to the facts
in the case his reasoning seemed absolutely
unanswerable. 1t has been apparent all
through the trial that the Albion case had
been prepared with great care and system,
indicating the presence Of some master
hands in the contest. Pretty much every
thing asserted by Senator Stewart in the
opening Of the case four days ago was es-
tablished by documentary and other proofs.
His argument yesterday, therefore, par
took very largely of an elaboration OF his
opening address, which was reported
pretty fully in these columns OF the time.
Mr.. Wren made as good q speech yester-
day as he ever did in his life. He occu-
pied the floor something like three hours,
eliciting marked attention from the Court,
bar and spectators. His reasoning was
deliberate, close and as logical as the facts
and circumstances surrounding the case
could possibly warrant. He courteously
conceded and waived several important
points which the law and evidence had
clearly established against him. The big
ledge theory was not seriously c0ntro-
verted the Virginia location was aban-
doned as o very "badly mixed claim"
and the right Of the Land Department at
Washington to issue q patent pending the
hearing Of q protest suit in the Courts was
acknowledged to be poor policy and one
subject to such abuses as Senator Stewart
had urged. But he denied and insisted
upon it, that the protest OF the Uncle
Sam against the ST. George patent was
sufficient under the law; that it was lacking
in several essential elements which were
enough TO render 1t absolutely worthless
and void. He also commended that the
Poorman No. 2 claim of the Richmond
Company was a good and valid title and
vested in the plaintiff the best right to the
disputed territory.
When Mr.. Wren had concluded his argu-
ment, Judge Rising said that he had clear
convictions regarding the rights Of the
parties, but in justice to the litigants and
himself, he would take a little time to more
thoroughly study the case and authorities
before giving his decision. He also mott
fed counsel that in the case Of the Tip
Top he would be governed by the calls Of
the United States patent to that claim. 1t
will be remembered that the Albion intro
duced witnesses to prove that q certain
corner stake had been removed twelvef feet,
or thereabouts. This remark by His
Honor has caused many persons to pre-.
sumo that he considers the Tip Top west
erly end line extended across the ledge to
the shale to be about the proper dividing
line between the two companies under
the showing made during the trial. Should
this be his decision, the Albion would lose
something over 100 feet of the south end
Of the Uncle Sam location, and the bonanza
in dispute would be severed in twain, the
Richmond getting the big end Of it SO far
as the ore has been developed. But Of
on the outside. The continuance
and the St. George patent are all seri-
Gus questions claiming the careful consid-
Grafton Of His Honor. Whatever may be
the decision reached, however, it is quite
certain that this community will receive it
as the impartial judgment Of q sound and
upright Judge for Judge Rising has en-
deared himself to u people by q spirit Of
frankness and fairness throughout this
great trial. He requested the Clerk Of the
Court to send him by express, to Virginia
City, all OF the maps, tracings, papers,
ETC., that he might examine them before
journed the Court to May 10. remsrking
that his decision would be filed in writing
by that date. Judge Rising leaves by this
mornings train for the West, carrying
with him the good wishes Of q host Of
friends made during his brief stay In u
midst.