St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-12
EXPERIENCE THAT CERTAIN SPEC
ULATORs HAD IN AN OREGON
ORCHARD ~
is RECALLED BY AN ACTION
WHICH HAS BEEN ON TRIAL BE-
FORE JUDGE KERR AND A
JURY.
PLAINTIFFS SEEK TO RECOVER
For the Price of u Gold Washing
Machine-An Interesting ~
Case.

A case that has been on trial be-
fore Judge Kerr and a jury the last
few days opens up an interesting his
tory that shows how thorny is the
path of the man who invests his money
In boom mining enterprises. It is the
suit of Herbert A Phillips ct al. to re-
cover from John A. Bowman, w. H.
Fisher and others $500 for gold wash
ing machine purchased by the de-
PENDANTS to take gold out Of an Ore
gon peach orchard, or the river ad-
joining one. 1t Is very similar to a
suit brought by the same plaintiffs
some months ago against DR.. McGraw,
DR.. Sawyer and others, who had been
induced to put their money into an
other gold district out in the same
region.
In that action the defendants re-
fused to pay for the machine on the
ground that it did not take any gold
out of the sands on their claim, and
the plaintiffs informed the court that
they had not warranted the machine
to take gold out of the Pacific ocean
or from earth in which there was no
gold, but had warranted it to save
something like 80 per cent Of the yell
low metal in ordinary placer deposits.
In that case the plaintiffs secured a
verdict, and the issues in the present
case are practically the same.
Some years ago the report was spread
that the sands of the Pacific ocean and
those on the beach, were full of gold
that had been washed down from the
mountains by the slow processes Of
time, wind, weather and water. Here
was an colorado for the energetic
boomer, and he was not slow to take
advantage of it. All along the coast,
wherever stream entered, bearing
down its particles of yellow treasure,
the boomer pitched his tent and staked
his claim. Peach orchards, cabbage
gardens, potato patches-everything
was full Of gold. Nothing but wealth
everywhere, and the easiest thing in
the world to get possession of it. All
that was required to be done was put
the whole volume of earth into hop
per, turn crank, take sack and
shovel to the other end of the machine,
| fill the sack and go home millionaire.
What boomer could afford to miss
such an opportunity? Certainly not
Col Muncy, the famous old Occur
| d'Alene boomer, or Amos B. Bowman,
| the promoter of MidvSle, that ideal
city Chat was to be- the location of
! which midway between the Wood Har-
vester Works and Saltwater is still
| marked by the dust of decayed side
! walk Col Muncy pitched his tent at
Huntington, Or. while Boomer Bow
man was satisfied with nothing less
than on eighty-acre peach orchard on
a historic stream known as Corners
creek Muncy 1t was who induced the
St Paul doctors to throw their coin at
the Turing offer, while Bowman went
after men Of large means. including
1t is alleged, w. H. Fisher ex-president
| Of the St. Paul & Duluth road, and
| promoter Of the much talked of 800, 0O0,-
600 Venezuelan bank, to throw a few
dollars into his mining scheme just for
fun. to see what marvellous returns it
would yield
Well. 1t has yielded marvellous re-
turns. a lawsuit that Mr. Fisher is now
called Upon to defend to avoid being
compelled to face liability for the ex-
| pepse Of CARRYING on the experiment.
Tn the trial of the case. Attorney Hilar
Horton finds unlimited scope for graft
flying his spirit Of humor end sarcastic
wit at the expense of the defendants
and their. attorney. Harrfes Richard
son, by constantly making ocular re-
marks about the attemrt to extract
| gold from an Oregon psachs orchard
Mr.. Fisher says that If the property