National Republican., 1883-01-04
WHERE FTTZ-JOHN FIT.
His Efforts to Break Into Another Mans Gold
Mime in Colorado.
How He Took Advantage Of New
Found Friends Generosity.
A Long Battle, in Which Smoke and a Blowing Ma
chine Were the Chief Weapons.
A Corrupt Judge and Ills Corrupter
Driven From the State.


elcr, to whom he told an interesting story,
showing how Fitz-John Porter fought for q
rich mine in Colorado, in court and out, and
howhe was finally vanquished. He says that
in the winter of 1S64-5, Gen. Porter, after his
dismissal from the army came to Colorado as
kind of general agent for New York mining
company, owning property which adioincd
property of my own. / had mined n voin of
ore running up the hill, and had in this work
sunk shaft TO the depth of some 300 feet
The vein had been pretty well worked out,
and l had not been working this mine
for some time. I had begun at tho surface,
and at first the gold was abundant and
the ore was rich. At the time of Gen. Por-
ter's coming to Colorado / was nc work in
my mine on the Briggs lode. Hero was
mining exceedingly rich ore, and there was
every indication that following the vein up
the hill in northeasterly direction as indi-
Gated in the diagram the ore still continued
rich. The property Of the New York Mining
company was ON the line of the Gregory ex-
tension vein so called, and run for about $50
feet in nWthcrly direction from improperly
along that vein. This property had never
been worked at all, and it was the purpose OF
working this mine that Gen. Porter came to
Colorado. Certain friends of mine in New
York gave him letters of introduction to me,
/ could. | was familiar somewhat with his
military history, aud felt in common with
others that his recent disgrace might perhaps
have been owing to an unfortunate combination
of circumstances, and was willing TO render
him any assistance in my power to enable him
TO successfully prosecute his work. regarded
him to bo q gentleman, and treated him rs
SUCH With this feeling took him down into
my works, doing this in the strictest conf
dence. l took him first into my Gregory lode
mine which, as | have said, was not then
working, and showed him what had been
doing. In fact gave him every opportunity
TO examine the vein, which was the one run
ming through his property / was then doing
my principal work in the Briggs lode mine.
The vein of solid ore in this mine was from
three TO four feet wide, and was considered the
richest mine in the district. In fact its repu-
tation was very extensive. I showed Porter
both mines, how they worked, &C.; in short, l
trusted him as gentleman, and gave him the
bottom facts. / also took him up the hill on
the property he represented and showed him
u location where l would advise him to sink q
shaft, but told him believed he would find the
vein narrow and "pinched." l showed him
where 1 had worked the vein for two or three
feet, after / had found it pinched Porter
put his men ut work where i advised, at q
spot about 80 feet from my property. The
pGregory extension vein had pitch to the
southwest and the Briggs lode vein to the
IOTlucHSt, anu WGTb HDOuU SOU IGeU uDu1I uU n
depth of 300 feet. Porter sank his shaft and
run down about go feet, following the vein,
and then left the vein and started at an angle
of about 45o to the southeast, which would
bring him to the Briggs lode vein. When he
had progressed about 90 feet he employed
man, q friend of mine, who had formerly
worked for me, to go and plank up the shaft
tightly. Up to this time had not the slight
est suspicion of anything wrong; but this
friend of mine came to me early in 1865 and
told me of his contract to plank up the shaft
He said he thought IL was only fair to let
me know what Porter was doing. made an
examination and found the facts as he stated
them, that Porter was on his way to my mine.
From where ] had opened into the mountain
to where he struck Off for my load was some
$50 feet. You know it is maxim that
possession is nine points of law" but in tho
mining camps of Colorado, in territorial days.
possession might practically be regarded as
ten points of the law, and it was highly inn
portant for me to keep possession. L was
thoroughly convinced of PortcT's fraudulent
intention, and the subsequent facts justified
my convictions. ! determined that when
Porter arrived on my property he should find
me, If ii were possible, ON the spot to receive
him. 1 engaged some of the most expert
miners and contracted with them TO run
tunnel into the mountain following the Briggs
vein. paid large price and put in three
gangs of men, relieving each other once in
eight hours, and kept the work going the
whole time. 1 knew the distance they
would have to run, and knew that
this tunnel would settle the question
of Porter's intention. Porter, of course, did
not know what / was doing and late in
April Porter's shaft broke through into my
tunnel in the Briggs mine. happened to be
on the spot when the miners broke through
/ said to the men, some of whom were old en-
ployes of mine, "Well, boys, you have arrived
here Now you can quit. I'll work this prop
erty myself" and they left. Porter was in Dem
ver,but arrived that afternoon, and came imme-
diately TO my office. He said he understood
had been dscharging his workmen. asked
him if he was surprised. He said he wished
to know by what authority had discharged
them. | looked at him moment and said:
Gen. Porter ] know your history. You
brought to me letters of introduction from
friends Of mine, and l treated you like gem
tleman, gave you my confidence took you
into my mines, showed you the richness of my
Briggs lode, and you have used this informa-
tion gave you to clandestinely attempt to rob
me of my rich ores. Whether you were traitor
TO your country or not | will not say, but
your betrayal of my confidence and your at
tempt to rob me are worthy only n villain"
He said, ~ shall work that mine, and l
shall put my men there tomorrow" l in
formed him that should be there to receive
him. Where he struck into my works was
204 feet from the surface on the hill, and
when his wOrlimen broke through my work.
men had run the tunnel for fifty feet be-
yond the shaft The next day at | p. m.
Porter appeared at the top of the shaft with
his men and came down TO my works. The
men brought their tools and no ordered them
to 90 TO work. | informed the men they
would not be permitted to go to work, and
they must leave the matter to be settled be-
tween Porter and myself / told Porter if
he had any legal rights he must get them
in tho courts, as | did not propose
to be robbed by force He seized drill
and essayed to so to work, but / seized
him by the collar and iammed him down
among the broken rocks, informing him if he
did not leave the mine instantly would kill
him ON the spot. Though he had hired and
brought into tho shaft with him six bullies,
each armed with two reyolvers, he concluded
to retire, and lie went up in the bucket and
they up the ladders to the surface, as they
came. Porter reaching the surface covered
with mud and water met with II somewhat
warm reception from the nearly Thousand
miners who were on the hill awaiting his re-
turn Porter applied then to Territorial Chief
Justice Harding for an injunction to restrain
me from working the mine. OF Harding
may say that he had formerly held official po-
sition in Utah, but owing to his practice of
pOlygamy without embracing the rest of the
Mormon faith and certain other Irregularities,
Utah had been made too hot for him. Harding
came TO Central City from Denver and heard
the application for an injunction. The hear
ing lasted three or four days. While there