Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-06-04
THE SAME OLD ISSUES.
AN ANALYSIS OF HON. THOMAS
WREN'S REPLY.

F4rr--Ex4rn0rdfrrnry-- BfuITtefs ffe
Makes in Discussing these Same
old Issues-His Awkward Atti-
tude In Relation to the supreme
Court-A warming to Young Law
yers.
Our surmise as to who Enquirer" was
has proved correct, for the Hon. Thomas
Wren has appeared over his own signature,
and we now know with whom we have to
deal. In order that he may not be de-
ceived as to the author of the SENTINEL's
articles upon the subject matter of the
queries of enquirer" We will say that
they are not written by any counsel or at
torney of the Albion Company. They ap-
pear as other leading articles written for
publication in the SENTINEL, some of
which are written by one person, some by
others. As they do not appear over any
nom de plume, like "Inquirer's" articles,
it is sufficient to say they are our own ar
ticles, written and published to give our
readers facts SO far as we are able to OBJ
tain them.
The reply of Mr.. Wren is like many
other queries or bubbles of his, a bit OF
special pleading, worthy of the gentleman
over whose signature it appeared. 1t
bristles all over with legal technicalities,
and does not grapple with What really
took place in Carson. We all know that
an application was made by the Richmond
counsel to Chief Justice Leonard for writ
of error under the Act Of Congress pro-
viding for such an applications; that the
counsel for the Richmond Company did
urge upon the Chief Justice that a writ
should be allowed, and that a bond for
$40, 900 for costs and damages was ten
dered to him; and it was ~strenuously ar
gued and urged that the bond should be
accepted and writ allowed; and also that
the bond should act as a supersedeas. 1t
is we'll known that the counsel for the
Richmond Company applied to Chief
Justice Leonard when he was in San
Francisco, to fix the bond and allow the
writ, and that two conferences were had
over this matter in San Francisco; that
the Chief Justice, in conformity with the
objections of counsel for the Albion Com
pany, finally declined to act in the matter
in San Francisco, and refused to fix the
supersedeas bond until the Albion Com
pany could be heard, naming, at the re-
quest of Richmond counsel, a day when
both parties could be heard in Carson;
that on the day named both sides were
present, the Richmond represented by Mr..
Wren, Mr.. Thornton and Mr.. Clarke, the
Albion by Mr.. Stewart and Mr.. Wines;
that the Richmond counsel claimed they
were entitled to the writ and fixing Of the
bond, on the ground that the judgment of
the Supreme Court was a final Judgment;
that the counsel for Albion contended that
the Judgment of the Supreme Court was
not final until a proper entry was made
in the District Court here by Judge Rives;
that long and exhaustive arguments were
made on both sides, and numerous au-
thorities cited, and that it was finally
agreed between counsel, Mr.. Wren being
present, that the Chief Justice should take
the question of final judgment under adj
visement and go on with the taking of
testimony, as to the amount Of the bond
to be fixed by him, which was done. Mr..
Wren left Carson to return to Eureka, as
he said, to "concoct some deviltry," after
this testimony commenced; that this tes-
timony as to fixing the amount of
the bond continued for many days, until
some 1900 pages of testimony were taken;
that the Richmond had among their wit
nesses Mr.. Wescoatt, who had been AS
sistant Superintendent, and Mr.. Longley,
who had been and was foreman OF the
Richmond mine; that long arguments were
made by the counsel of Richmond Com
pany as to the amount Of the bond, claim
ing that it should be fixed at not exceed
ing $40, 900, and by Mr.. Stewart, for AL
bion, claiming it should be fixed at $780,
900; that vt the conclusion Of this argu-
mont the counsel Of the Richmond Com
pany presented to the Chief Justice the
and urged his immediate sigma
ture, to which the Judge replied no would
aign 1t when he AGED the bondI that at the
request OF counsel Tor tho Rich
mond the Chief Justice spent one entire
night in making up his decision as to the
of judgment. deciding against that
bond should bs fixed at S425, 800 If it was
to act as supersedeas. All this was done,
and yet Mr.. Wren, the senior counsel and
President of the Richmond Company, now
Out and says there was nothing in
it! 1t meant nothing. The Chief Justice
had no power to do anything, and it was
all bosh
This wont do, Mr.. Wren; 1t Ia, to use a
slang phrase; "too utterly thin" to fool
any one
MIR. Wren states he has leave to apply
for supersedeas at any time. We can only
say, if this is SO, it must have been OBJ
tanned by false representations and cannot
benefit him.
Because, while it is true that Judge
Leonard held that the judgment must be
in the District Court here before
it would be final, yet it is from the judg-
of the Supreme Court of this State
that the writ of error must be taken, and
although a Justice OF the United States
Supreme Court may grant a supersedeas
after the 60 days provided for in Act OF
Congress, still the citation must be issued
before the expiration OF that period, and
as Mr.. Wren has elected to abandon his
proceeding before Judge Leonard, the pro-
ceedings ~inaugurated to procure a writ OF
we're too late-the 60 days had expired-as
the Judgment of the Supreme Court was
rendered on the 18th of March.
The offers of Mr.. Wren in his reply are
so transparent that they will not fool any
one. Having been 80 badly beaten in his
litigation thus far, he now coolly proposes
that the Albion Company shal consent to
close its mine until he can argue his case
in Washington before the Supreme Court.
We do not know what view the Albion au-
thorities now here will take Of this
proposal. or OF any other proposal made
by Mr.. Wren in his reply. But from our
personal knowledge of these gentlemen We
are convinced that they will firmly but re-
s~pectfully decline.
This reply of Mr.. Wren's places him in a
very unpleasant position as a lawyer prac-
ticing in our Supreme Court. for in 1t he
states that he has occupied the time and
attention Of II Chief Justice for fun.
We cannot congratulate Mr.. Wren on his
reply, and so dismiss him and Ii.
Awful Absence of Mind.
In a drug store in Eureka a young and
aA..ulll.x- nalnnlaa ,n,a alIraanad O mann.