Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-07-11

Getting Down to the MaraOw-Fato
tire Litigation.

NettinS bOWn To tie MarGOW-fat OF
tire Litigation.
AT the opening Of the District Court yes
terday morning, In the Albion Richmond
case, the FIRST business that came up was
the stipulation OF the Albion Company,
noted in yesterdays paper, in relation TO
securing plaintiff in case it won the suit.
Counsel for the Richmond objected and
excepted to the entry Of such stipulations
as 9 matter Of record, whereupon the
cour ordered it set aside. The Richmond
evidently prefers to take its chances in the
ordinary course Of law. On motion, @. J.
Lansing, Esq, was entered as additional
counsel for defendant, the Richmond Com
pany. Col. E.. N. Robinson was called to the
witness stand by the plaintiff, and he pro.
ceeded to explain his very ingenious model
of the Albion mine, which is an apparatus
showing The ore chambers by means OF
painted blocks, the blocks painted red
representing the chambers from which the
Richmond is alleged to have taken out the
ore in dispute. The wines. upraises,
caves. etc., are also represented in the
model, and the A. @. line is shown by a
large glass plane, being the boundary be-
tween the northwest end Of the Tip Top
and the southeast end OF the Uncle Sam.
Col. Robinson produced a number OF maps
and plates, exhibiting diagrams Of the
different floors, and otherwise more
fully explaining the model for the infor-
nation Of the jury. He produced an adj
ditional large map on which is exhibited
all the underground workings OF the AL
bion mine west Of the A.. G. line that are
in controversy. Thereafter, in reply to
questions ~propounded by counsel for the
Albion, he testified that about 8 1000 tons
had been taken from the disputed ground
by the Richmond, OF an average value OF
about $50 per ton. This would represent
damages in the sum of S450, 900, the
amount set forth in the complaint being
$500, 600, and additional damages for waste
$50, 1000, making a total OF $3.50 600. The
morning session and a small portion OF the
afternoon session were consumed in get
ting at this result. Under cross-examina-
ton by counsel for the Richmond, the
witness held to the same statement in the
main, but his estimate Of the quality of
ore WAS somewhat reduced. This reduc-
ton he admitted might be made by the
occurrence OF waste in the chambers which,
Oh direct examination, he had estimated
to be filled entirely with ore. As to
the quality OF the ore a good deal Of testi-
mony was brought out, but the further
cross-examination of the witness was post
poned until the meeting Of court this
morning, in order TO give witness the op-
p%ortunity OF bringing in his ore
and assay books. An interesting feature OF
the testimony Of Colonel Robinson occurred
on the direct examination in this way
He nrndnaaA uiytaon Iaroa 0laaa lara GIlad
with ore samples, on each Of which was
marked the value determined by an assayer
some two years ago. This assayer not be-
ing present TO testify as to his own work,
the court at the suggestion of the respect
i've parties. appointed +. G. Robbins and
l.. w, Davis to assay the samples 80 pro
duced, the purpose being TO establish their
correctness, by one assayer representing
each litigsnt. During the progress ofthe in |
vestigation, in the afternoon, the defend.
ant asked leave to amend its answer and
the plaintiff 70 amend its complaint, which
was granted by the court. The respective
parties were ordered to have their amend
ments ready for filing ON the opening of
the court this morning. Judging by the
expressions OF its attornies the plaintiff
will claim 5000 or 1000 tons Of ore instead
OF 5 1000 as 10 the original complaint and
will reduce the value from 500 to about
sos per ton. This will then cover under
the new form, what was originally claimed.
The defendant will not only deny that
it ever tool any ore from any mine be-
longing to the plaintiff. but will also deny 1
that it ever took from the ground dis
cribed in the complaint any
greater number OF tons OF ore
than 2 500 tons; or that the said ore was
comparatively of any value; that is to say,
it will affirm that il cost nearly as much
TO extract and reduce said ore as it was
worth when reduced Between the two
litigants there appears TO quid nunc's
mind to be a considerable difference.
Since writing the above we learn that
the Albion Company filed an amended
complaint last evening in their action
against the Richmond Company. The
amended complaint alleges that the Rich
mond folks extracted from Albion ground
8. 20S tons Of ore Of the value Of sos per ton,
making S59S, $40, and also $4,000 damages, |
TO the Albion mine, and ask judgment for
S608, $40 and costs of suit. The Richmond
will tle its answer this morning, as before
utata1 l