Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-07-20
TWELFTH DAY.

Con in the AIbion.Ricbmons suit,
IL having been agreed upon on both
sides that the summing up in the Albion.
Richmond suit should be finished yester.
day' counsel vent to work vigorously, REQ.
ognizing the temporal limit, to convince
the jury without wearying them. This
would have been q hard job for the great.
est orators OF ancient or modern times.
Truly, there was but little scope for orato.
~. There was op portunity for but little
more than logic and ingenuity in ~stringing
together . lot Of facts hat had already been
reoounted, one way and another, over and
again. W. s. Woods started the argument
on the Albion side. After him came Hon.
Thomas Wren and A.. E. Cheney for the
Richmond. Then topping this inside OF
the sandwich came Hon. Geo. W. Baker
aud Senator W. M. Stewart. 1t does not
become US to critize these gentlemen as to
their skill or ability in arguing the best
they could in the interest of their respect
I've clients. In order to do 80 decently the
critic would have to possess an entire ia
miliarity with the subject-such q
degree Of familiarity with 1t, in fact
IS NC one, outside Of the Court and
the counsel Immediately employed in
the case, can be presumed to have.
IL has to be admitted, however, and it
may be gracefully said, that all the attor-
neys employed in the Albion Richmond
suit are gentlemen Of recognized ability.
Otherwise, they would not have been EN-.
ployed in this case, which ia one of great
Importance and involves very large sums
Of money. Several of the gentlemen in
the case are lawyers Of extensive and lucra-
tive practice-men who rarely appear in
any but heavy suits. The gentlemen OF
Eureka who were employed in the case pro
or con, we believe, have lone all that their
clients could ask or expect of them, and
they have done it vigorously and we'll.
Whichever side wins, there will be no
reasonable cause to censure any one OF
counsel for the plaintiff or for the defend
ant. The trial Of the case has been edify-
ing and an actual treat to the people OF
our community. who have been present in
the courtroom during the litigation, in
considerable number, every day. The
attendance last night filed the courtroom
and gallery to hear the closing argument
Of Mr.. Stewart, some 10 or IL ladies
being present with the rest. This gentle
man made . very ingenious and powerful
plea TO the jury, and held their attention
and that Of the large audience for about
three hours in reviewing the evidence and
the law for the Albion. His distinguished
personal appearance, his earnest manner
and his clear analysis made it pleasant and
celebrating to listen TO his argument.
It il due to Mr.. Stewart and to his talent
ed associate, Mr.. Woods, and 1t is emf
nently proper to be said. that they have
served their client skillfully and Loyalty.
They are gentlemen OF eminence, and be-
ing. in some sense, the guests Of our COM
munity. il is unpleasant to think that per-
hsps they have not been treated with that
delicate consideration, in our midst. that
all gentlemen, and certainly strangers,
are entitled to-. This suggestion is called
forth by q remark made by Mr.. Stewart in
his address last night, to the effect, that
efforts had been made here TO Cypress,
humiliate and disgrace counsel who had
come to Eureka TO plead the cause Of the
plaintiff" His Honor, Judge Rives, after
Mr.. Stewart had finished his argument,
gave the jury instructions, Of which the
following is q summary taken from a
shorthand report Of the same kindly fur
nished US by Benjamin Saunders, Esq.:
Gentlemen Of the Jury: To assist you
in rendering 9 verdict in this case, / will
give you instructions, some of which were
given to me by the plaintiff, some by the
defendant, and some 1 have written myself.
First-You are instructed that the docu-
mentary evidence introduced by the plain
tiff is sufficient to establish the plaintiffs
title to the ground westerly Of the A c
line, and that the ore taken out by the Rich
mond Company between the Goth day Of
December. 1879, and the 9th day Of May
1882. was upon the Albion ground.
Second-You are instructed that il you
find from the evidence that the defendant
entered upon plaintiffs claim, and that
they held possession thereof. and took
therefrom the ore. knowing that they
were enjoined from SO doing, that you
should give a verdict for the plaintiff for
the gross value OF the ore so taken.
Third-You are instructed that the
plaintiff, the Albion Con. Mining Com
psny, must show by a preponderance OF
testimony that the ore has been wrong
fully taken before they are entitled to re-
cover.
Fourth-You are instructed that il you
believe that the testimony OF 3 witness Is
unreliable and that he has sworn falsely,
then you may disregard his entire testi-
mony.
Fifth-You are instructed that il you
believe that the defendant took ore from
the ground in dispute innocently and
without any knowledge Of their being on
the plaintiffs ground, then you should al
low the defendant the cost Of mining,
transportation and reduction OF said ore.
Lastly-You are instructed that eight OF
your number will give 9 verdict in this