Sacramento daily record-union., 1882-01-24

Defense asked the character of the material
of the banks ia the defendants mine and
other mines Objected to, as not sur-rebuttal.
Objection sustained. Defense here rested.
The Court-About how many counsel desire
to argue the case? propose to take recess
of some two weeks.
Attorney. General Hart said he should be
engaged about the Sth and 18th of February.
The Court will expect counsel to come to
the argument prepared with the findings they
intend to ask, and an interchange of them
will facilitate the case. I suggest also that
the counsel speak alternately.
Attorney General Hart-Is it understood
then that counsel viii agree as to the number
to speak?
The Court-That is as you please. sup
pose counsel for plaintiff should open the case
and defendant follow. and so on.
Judge Rhodes thought counsel for plaintiff
should have the closing.
The Court said that would be matter of
no Importance in such a case as this. He
desired to say that counsel could file as full
briefs as they wished.
A discussion as to time OF meeting then en-.
sued, and the place at which to meet for the
argument. Mr.. Wilson desired to meet the
Court half way and have the argument made
in San Francisco Mr.. Cadwalader and MIR
Hart preferred it to be in Sacramento, and
the Court said if it was mere matter OF con-
venience, Santa Rosa would suit him best
San Francisco would be convenient point
for him, as then, in case OF any emergency de-
manding bis presence at home he corld go up
to Santa Rosa at evening and return in time
the next morning.
Mr.. Cadwslader-In former times things
gravitated toward
The Court-WelI, we will not allow any
iealousies as to places to creep in. They
| might make new and undesirable issues in
the case. OF course, il there is objection to
San Francisco, the argument must be held
here.
Mr.. Hart-Court can sit at the Capitol in
the Supreme Court room and have the use Of
the law library.
Mr.. Wilson-We can furnish just as good
library in San Francisco. 1t the Court
comes there we will see proper room is
provided.
After some further discussion, the Court
cut it short by saying it would ait in Sacra-
mento, and the Attornev- General promised
to apply for a proper room in the Capitol.
The Court said that would be convenient if
allowed consent to sit there.
The date was the next issue, and after
considering the engagements of the Judge in
his own Court, the demand on him to decide
cases already submitted, the engagements of
counsel, the time needed for each side to
examine the record OF the testimony, etc, the
Court fixed February 28th as the day on
which the argument shall begin. 1t is sup
posed the argument will occupy about seven
days. The Court directed that the official
Reporter be paid. and appointed Messrs. Cad
walader and Catlin to examine the Reporter 3
bills, ascertain the true number of folios, and
if they two could not agree then to refer the
matter back to the Court. This committee
was then called to meet at Mr.. Cadwalader's
office at 10 A. NJ. to-day. The Court request
ed counsel to give the record of the testimo-
ny examination and to come up on the 2Sth
fully advised as to the facts in proof. And
thereupon the Court adjourned until the 2S:h
of February, at $50 A. NJ.