Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1886-07-17
TIE HINDLEY SUIT,

The case of w. w. Byron and w. J.
Douglass VS.. c. II. Rulison, for the posses
sion of $50 feet in the Hindley mine came
up for trial in the Distrist Court last Monday
and is still in progress. A. c. Ellis appears
as Counsel for the Plaintiffs and w. E. F.
Leal for the Defendant w. A. Harris and ALT
Chartz, stenogropher are reporting the pro-
ceedings. W. w. Byron, the first witness,
testified that he in 1882 had been out to Gar.
field District, Esmeralda caunty, and be-
came acquainted with John Gilloon, Hanger
and Edwards, owners of the Kindly mine,
which was then mere prospect. That he
then considered it good speculation, as /
adjoined Faringtons rich mine Great West.
ern. That he found he could buy the in
terest of Gilloon who owned half for $500.
That he came back to Dayton and having no
mortcy of his own spoke to w. J. Douglass
and told him of the investment with the
prior promise on Douglass part that if it
was satisfactory, he Douglass was to buy
the Gilloon interest, and the whole mine if
ii could be had, and that Byron was to have
a half interest which was to be carried by
Douglass who was to pay Byrom's share of
puchase price and development expenses
until the property became dividend paying.
Afterwards {. II. Rulison, w. A. Rulison
and Geo w. Lkens were let into the
rangement upon the same understanding and
agree ment as was made with Douglass. The
parties decided TO invest, and w. W. Byron
was sent out to make the purchase, which
he did He purchase d on the first trip $50
feet, taking deeds in the names of the parties
to the agreement. On the second trip an
other quarter was bought by Byro IN, and the
deed taken in the name of J. d. Sims, but
the money actually was furnished by the
parties to the agreement. Mr.. Byron testi-
ned that the deeds was taken IN the name OF
Sims SO that Sims could collect bill that
was owing them by the owners of the quarter
purchased. That a few days thereafter he
Byron made third trip and purchased the
remaining quarter which was owned pro
rata amongst the parties. That {. II. Ruiz
son went TO Sims and had the second pur-
chase of one fourth re-deeded to him per-
sonally, and that Rulison claimed it and re-
fused to give the Plpintiffs their proportion
OF the 37s feet which would be IS feet each.
But that he had given Likens his share.
w. J. Douglass testified, cor roborating
Byron in everything.
DR.. J. c. Hazlett, was Secretary of the
Company, testified as TO admissions made 10
him on the part OF the Defendant, agreeing
with Byrom's statement OF the original con-
tract and as to Byron having on the books
of the Company his share of the first and
third purchases but not of the second. The
same as to Douglass having had by pro rata
of those purchases lie also testified that
Rulson had charged on the Company books
the purchase price Of the second purchase,
and the expenses paid Byron for his "trip out
there in consamaling the purchase.
plaintiffs closed their case Thursday even
ing On Friday morning, Defendants Coun-
sci made motion for non suit which after a
lengthy argument lasting the greater por-
ton OF the day and the citation of numerous
authorities, the Judge reserved hi decision
until ten O'Clock this morning. The general
opinion is that the non-suit will not be
granted. The portion of the mine in dis
pute is very valuable, being estimated at
$40, 200.
Joseph Munckton, one Of the panel of Ju
rors in this case, was taken suddenly sick
yesterday, and had to take to his bed and
have medical treatment II he continues
sick this will involve new complications. as
the Defendants counsel objected to continu
ing the case with a jury OF eleven. A new
jury and an entire re-hearing OF testimony
will then have to be had