Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-19
FIRST DAY OF THE GREAT
TRIAL.
OPENING STATEMENT OF
PLAINTIFF.
SYNOPSIS OF THE TESTI-
MONY ELECTED.
The Virginia, Poorman and st
David Claims.
New Theory About the Quartxite
swing to h Southwark.

. NOh ~ Oht anA
called the injunction case of the Richmond
vs.. Albion. The courtroom was well filled
with spectators and continued so through
out the day. Judge Rising inquired if
counsel were ready TO proceed with the
case. An affirmative answer came from
both sides. Mr.. Wren then asked that
Messrs. Bishop & Sabin be added as coun-
sci of record for the plaintiff. Mr.. Max
well and young Mr.. Wescoatt were next
sworn as official reporters. This done MIR.
Wren took the floor and proceeded with
his opening statement, using a map or dia-
gram for the purpose Of pointing out the
relative positions of the various claims Of
the two companies. His opening state
ment was quite elaborate, and embraced
possibly every point that will be offered
from the Richmond side. He laid down
no theory in particular by which the plain
tiff will be guided, but indicated in several
passages opposition to the big ledge theory,
on which the celebrated Eureka Con-
Richmond case was fought two years ago,
saying among other things that the Judges
in that case found as facts things that have
since been demonstrated to be physically
untrue. He also said that the ore and
and premises in controversy were covered
by three claims OF the Richmond Com
pany, viz The Poorman, the Virginia and
the st. David that the Albion claims,
fay1q IN ppr,1an 1nI Arxn 1so0laon1 ano
pound of ore within the limits Of their
boundaries extended down vertically; that
the Albion had extracted ore from Rich
mond territory and stored it in drifts dur
ing the absence Of Judge Rives, when
plaintiff was unable to prevent them ; that
the Albion had never set up any claim to
the ground in controversy until some time
last year, when they located the st. Potts
and st. Baily claims right across and over
patented claims Of the Richmond that
the Uncle Sam claim, since passed into the
hands Of the Albion, had filed q sort Of
protest against the application for a patent
by the st. George claim of the Richmond
Company, but he would show at q proper
time that both the protest and the suit,
which should have been brought within
thirty days, were fatally defective that
the quartzite, which has hitherto been con-
sidered a foot wall and which was supposed
at the time OF the trial Of the Eureka Con-
Richmond case TO continue along in a di-
rect line to the northeast, has since been
demonstrated to swing around the point of
the hill and make off almost due south,
the same being easily traceable for several
miles. He said much more, but the above
is q fair synopsis Of the more important
features Of his remarks. When Mr.. Wren
had Hniahad Mr. WazaOaft WA aaf1ad IN
the stand.
Mr.. Wescoatt testified that he was a Sur
veyor and Mining Engineer, and had re-
sided in White Pine, Phoebe and Eureka,
all limestone districts. He had been in
the employ Of the Richmond Company
about four years. He next pointed out q
multitude Of claims, drifts, Slopes, tun-
nels, cuts, etc., on the map, finally stating
that the ore body in dispute is covered by
three claims of the Richmond, to wit, the
st. David, Virginia and Poorman. He
also testified that the quartzite swings at
the point of the hill and ans off to the
southwark.
The cross-examination disclosed nothing
Of especial interest beyond the fact that
the quartzite running southeasterly from
the Richmond through the Eureka, K X
and Phenix, is quite regular in pitch and
OtueINlbe lOf u iOuItu UT tuEcc-quai tcle
Of a mile, and that the shale contact is
equally regular for the same distance, the
limestone ZONE being at one point some
thing like 200 feet in width. The quartz
lite had been followed down OF its pitch in
the Richmond for a distance Of about LOO
feet, the pitch averaging approximately 40
degrees.
The Court here adjourned until 2 P. NJ.
ACTED pFrrcc
On reassembling Mr.. Wren introduced
an armful OF patents. notices and other
documents showing the title Of the Rich
mond to a multitude OF claims. Tn in
PRODUCTION Of some of these papers was OBJ
iected to by counsel ON the other side, but
finally His Honor admitted the whole
batch.
Mining Recorder Molinelh was next
sworn, and produced a copy of the District
Mining Laws, which were placed in evil
dence.
VIM. Arlington, on being sworn pointed
out on the map the location OF the Poor
man claim, describing its boundaries, etc.,
| and when he first visited it.
Frank M. Maine was sworn and desig-
| mated the Poorman on the map, stating
| that he saw men working on the claim in
1871.
Gus Peterson was the next witness sworn.
| Had lived in the district since 1871. Had
a cabin within a hundred feet or two OF the
| Poorman, and had seen the notice OF loca-
| ton. Designated the claim on the map
and the point Of location.
Mr.. Richard, Superintendent OF the
| Richmond, was next called. He had lived
in the district nearly six years; had
directed all work of the Richmond
| Company during that time had
run several miles Of drift for the company;
| located the st. David No. 2 in his own
name, but paid for the work on it with
| Richmond money; several drifts from the
| Richmond had penetrated the st. David
ground made all reports to the Richmond
| COMPANY Of London, n none to the
| Richmond Company Of Nevada; had To-
| Gated the st. David No. 2 because of the
discovery Of ore on the lower levels of the
| Richmond in that direction, and by direc-
tion of the President Of the Company, Mr..
Wren; knew that the quartzite swung
around the hill and ran directly south to
the Prospect Mountain Tunnel, a distance
Of about two miles; anybody could see it
and follow it.
ON cross examination Mr.. Richard testi-
fed to the quartzite and shale in the Rich
mond and Eureka Con. mines being stu
ated substantially as described by Mr..
Wescoatt on cross-examination.
w. @. Mccoy, one of the original owners
of the Richmond property, was the next
witness called to the stand. He had lived
in the district II years in July next. He
aided in the location Of the Virginia claim
Dec. 30, 1869. Saw the notice posted near
the Iron shaft. Knew nothing about, and
had never seen a claim called the May
flower. The Virginia was intended to run
400 feet northerly from the Iron shaft.
Mr.. Dugan, another pioneer, came next,
He was located in the Virginia claim, but
was notpresent when the location was made.
Billy Mccoy afterwards pointed it out to
Ehina He saw the initial stake by the Iron