Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-05-17

sure, but enough to give promise of better
results upon further development. All
those witnesses testified that the Albion
the Richmond. All the evidence shows
that there may be ore found anywhere in
that zone, at least above the sixth level Of
the Richmond, which corresponds nearly
with the first level OF the Albion. Above
the sixth level Of the Richmond very little
prospecting has been done on the Albion
side, and for good reasons, only a small
part of the mine has been prospected of
all. L have neither time nor space to make
further mention Of the testimony than to
say that reports were made from the COM
pany in Eureka to the corporation in Lon
don, in relation to the ores in sight as fol-
lows: SIN view of the delay in rendering
the decision in the Albion case, which was
heard in November last, and the company
being meanwhile restrained by injunction
from removing ore from this part of the
mine, where it is abundant, it is in con-
temptation to hut down, temporarily, one
Of the large furnaces" Mr.. Richard also
testified that Mr.. Harris, then foreman for
the Richmond Company, stated that if he
could take out the ore in sight in the dis
puted ground, he could, with that and
what he got from the men working on trib-
ute, run the three furnaces capable Of
working about sixty tom each daily, for
four or five months. I mention the two
facts last stated only for the purpose of
showing that, when the statements were
made, it is probable, at least, that the per-
sons making them, employees of the Rich
mond Company, thought favorably of the
prospects.
In view of all the facts, it will be strange
indeed if future events shall show that,
with the exception of the ore in sight, the
extreme N. W. limits of these ore bodies
have been reached. 1t will be passing
strange if that limit shall prove to be Just
on the line A @, with the exception of the
ore bodies now exposed.
In my opinion it will be fair to the Rich
mond Company, at least to conclude that
there is the strongest probability that the
ground in dispute is, and will prove to be,
as valuable. at least, as the average of the
lode from the Jackson On the east and
that during the tendency of the writ of
error the Albion Company could and would
work the $50 feet extending to the north
west boundary Of the Victoria claim. I
shall proceed upon this theory and estimate
the period of delay to be three years and
a half. The average gross product per foot
of all the mines from the Jackson to the
Richmond, inclusive, up to the present
time, is about 50, 220. Upon the same
basis the gross product of the $50 feet
during the period of delay would be So, 5O3-
6OO-one-half of which, according to the
evidence, would be net that is to say,
81, ISL 300. From this 1 subtract the gross
value of the ore in sight, which has been
fixed at 5000 tons, at S73 per ton, $685.
900, leaving 81, 1856, 800 as the net value Of
the ores not exposed in this portion of the
ground in dispute, and which would be
worked during the delay. The legal interest
upon this sum, averaging the longest and
shortest time of delay, will be 17h per
cent. - S242, 600 - which added to the
amounts before fixed, makes a total of S424-
$50. This sum-, with 5000 for costs, making
in all S425, $50, is fixed as the amount of
security required in order that the writ of
error herein may be a supersedeas.
In conclusion, l will say that, although
the power and responsibility of passing
upon the questions here presented are
vested in me alone, I have counseled with
my associates upon the question as to
whether probable damages on account of
delay in working the undevloped ground
should be included, aud 1 am authorized
to say that they fully concur in my con-
clusion. LEONARD, G.. j,