Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-06-17
Mr.. PROBIRF INTERVIEWED.
Closing Down Of the Richmond Works
Determined On.

SVWPhuy NJ u DlsaO ON
Account of Prejudice In the Pub
iic Mind and In the Courts.
representative Of the SENTINEL called,
yesterday morning, at the reduction works
OF the Richmond Company for the purpose
OF interviewing Manager Probert, in re-
gard to the proposed closing down of the
works during the first week Of next month.
Mr.. Probert received our reporter with the
utmost courtesy and spoke without reserve
about the matter as a mere unsympathetic,
business consideration. He said that the
closing down Of the entire works, smelt-
ing and refining, had been unalterably de-
termined upon. He would thus suspend
operations, not because he wished TO-, but,
on the contrary, altogether against his in
clination. He felt that his company had
been at a disadvantage in all its operations
In Eureka from the date Of the purchase
Of their first claim in the camp. A decision
OF a Circuit Court of the United States,
subsequent to this purchase, declared that
the Richmand Company, being alien, could
not hold title to mining property in this
country. In consequence Of this, their
purchase having been jumped, they had to
pay $85, 900 TO recover 1t. From this in
itial step (Mr. Probert argued calmly and
earnestly the Richmond Company had
been victimized in one instance after an
other, by a series Of blows which would
have been fatal to any less fortunate or less
persistent company than it had been. The
Richmond Company had been q martyr to
prejudice in the public mind and in the
courts to such an extent, on aocount of its
alienage, and subjected to such unscrupu-
lous and successful assaults upon its treas
ury that, now, In its days Of comparative
unproit, 1t had lost heart and patience
and 1t could not stand the oppression any
longer. He would close down the furnaces
and the refinery now after having worked
the same all through the Winter at q posi-
tive loss-now when the season Of profit
able reduction is just setting in. He
would do so because, judging by the past,
he had everything to apprehend from liti-
cation. The means taken by the Albion,
a bankrupt institution, he had no
doubt, would be as interruptions as
ever before, to defeat law and
equity. He had no confidence that the
Richmond would be treated fairly, be-
cause every means will be taken to secure
q verdict against 1t that can possibly influ-
ence q jury. Two or three days before the
trial for damages in the District Court
comes off here, July Z, he will have cleaned
up all the ore ON hand and shut the
works ~down-just at the time when they
could be operated for many months with
profit to the stockholders of the Rich
mond and the especial benefit of the camp
at large. He would not accumulate any
thing more of value to tempt the cupidity
Of Albion ~litigants. The law, whether the
Richmond Company be right or wrong,
appears to be always inevitably against it.
He would, OF course, not submit to any
adverse decision rendered here, but would
take the case, il necessary, to the Supreme
Court of the United States. Mr.. Probert
claimed that the present trial Is itself con-
trary to ali principles of law and com
mon sense. The Richmond Company are
forced into litigation in an inferior cour.
upon questions hat are essentially In issue
at the very present before the Supreme
Court of the United States. Justice
Field in the Acknowledgement case, involv-
ing patent rights, granted q writ of error
from the Supreme Court Of Nevada and
the Richmond gave a bond Of $780,
900 for damages and costs. Justice
Field approved the bond, but refuses
to grant Q writ Of supersedeas which
would stay all proceedings in the
lower courts as to the issues involved
Mr.. Probert still hopes, however, hat the
law bearing upon the situation may be
made so plain as to be met with its proper
logical recognition in the District Court
for Eureka county; and that the proposed
litigation here upon matters already at
issue in the Supreme Court may be de-
ferred. II the Richmond wins in the
court OF last resort the Albion will be LA
BILE for the very damages it is suing the
Richmond Company for now. If the AL.
bion wins in that court the Richmond will
yield promptly to the decision OF the cour'
and pay any just and equitable damages
that NAV be assessed. II the United States
titles in the possession OF the Richmono
Company are held to be valid, then the
Albion will be responsible for damages fol
ore extracted from the disputed ground,
and not the Richmond, and vice versa
The $500. 900 suit started by the Albion
Company is purely for the purpose of rob
bing the Richmond Company of that much
money, or as great a portion of it as ths
~piratical institution can lay hands on. The
Albion has nothing to lose and everything
TO gain in such q suit; and it will leave nc
stone unturned to accomplish its mer-
cenary purpose. Then the Albion has a
vicious following, which will use every
effort to strengthen it in litigation
There are those who have claims against
the defunct mining company that they
know they can never recover excep'
through success in this baseless and iniqui'
tous lawsuits lawsuit which ought not &c
have any hearing in the District Court, al
it is completely involved in another case
now under consideration in the Supreme
Court of the United States. If this case
be pushed to q verdict against the Rich
mond, he will keep the works closed down,
and they will never be started up again
until all the legal complications against the
Richmond are settled. :,
As to the affair of explorations through
the Eureka Con. new shaft. Mr.. Probert
! said both the Richmond and the Eureka
Con. Companies recognize that the upper
levels in the two mines are practically ex.
hausted, and that deep mining is all thai
can be looked forward to with any hopefor
either of the properties. He regarded this
matter, however, as Insignificant for the
present and not worth considering while
precedent affair, threatening to destroy
the Richmond property to the extent OF
leaving it dead for an indefinite period,
was undisposed Of. He said, however, that
he had been misrepresented in the inter
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