Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-06-23
sCHLOMBERG's CASE.
The Facts in the Matter-The Judge
Decides He Must Rem ain i'm Jail.

AS intimated by Judge Rising his decision
in Schlomberg's case was that Fred must
remain in Jail until he accounts for the six
! thousand dollars his wife received for her
Oregon ranch. or all the statements made
| by any newspaper those in the Chr0nteIe in
regard to this case are the most ridiculous.
Fred Sclomberg has been in the Dayton Jail
now for about year and a half. He was
placed there because jury found that be
was guilty Of fraud in trying to cheat his
creditors by going to Oregon after judge
ment had been obtained against him by one
| Bray, Of Silver City. This whole amount Of
| the matter is this: Schlomburg leased some
mining ground from the VIM. Penn Company,
of Silver City, and took out considerable
| claimed to own some of the ground from
which the rock was being taken went after
| Schlomberg and was about to make him
leave the ground or else pay him royalty
Fred then agreed te pay Bray for all the rock
he took out, 50 cents a ton, which was salts
| factory to both parties. There was, however,
| a proviso, that no ore Should be taken out
below this tunnel level. After taking out
some rock Schlomberg found that large
body Of it did lie below the level Of the
level OF the tunnel. He went to Bray and
offered him IS cents a ton to be allowed to
take it out. Bray refused. In the meantime
the VIM, Penn Co. laid claim to this ground,
saying Bray did not own it. and agreeing to
stand, by Schomburg. This company ex-
tended Schlomburg's lease Of the ground,
and he ran another tunnel and took out the
ore below the old tunnel level Bray sued
him for damages and in the trial there was
so little evidence about the title that a jury
awarded Bray judgemen of some $4,000.
1t will be remem bered that Hon. M. N. Stone
OF Virginia City, was Schlomburg's lawyer.
Before the papers were served on Schlomburg
he left for Oregon where he had before pur.
chased a ranch. He sold this ranch shortly
to his wife and they returned to Nevada, af-
ter his wife had disp osed Of the ranch for
$500 On reaching Nevada he went to
Hawthorne, where he did considerable pros
pecting and then returned to Silver City,
where he worked for two or three months
running tunnel and prospecting. About
two months after he rel urned to Silver he was
arrested on complaint of lawyer Deale and
Bray for trying to defraud his creditors. He
had trial and jury decided that he would
be bound to pay the judgement. He denied
having any money, and although his prose.
cutors tried to show where he had something
like $50 900 they failed to find that he had
anything, and all that his wife had when
they left Oregon was $4,000. Last week
Hon. Pat Reddy took Schlomburg'S case in
| hand and a hearing was had in the District
Court. Schomburg swore he did not have
any money, and that to the hest of his belief
the sc, 900 his wife had two and half years
ago was gone. Schlomburg was man who
when he had money spent it freely. He did
great deal Of mining work after he came
from Oregon, supported family of five per-
sons, and does not know where the money
went to, only that is gone. He is not good
witness on the stand for himself, and as he
kept no account of the expenditures he did
not like to try and make an exact statement
as to where the money had gone. The law
yers in the case, Deale, Tsrreson, Coffin,
Lindsey and King. are paying 81 50 per day
for Schlomburg's keep IN Jail, which is about
50 cents upiece, and it looks to man up a
| tree as though it would be losing game.
Fred declares he has no money, and there
fore is unable to pay the judgement or any
part Of it, and it is very hard work to get
blood cut OF a stone: Since all this trouble
came on it has been ascertained that the
ground that ore was taken from does not be.
| long to the VIM. Penn Company, or Bray
either. but is the property OF the Vivian
Company, and is now being worked by that
company. Senator Reddy, we understand,
has taken some sort of contract to release
Sclomburg, and we hope he will be success
full, although he failed in his first attempt.