The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1898-12-01
PAUL GuTs %. .asz.si DAMAGES

Since last Saturday morning the case
Of Frank Paul W. Rocco Cragnaxe has
occupied the attention of the District
Court. A motion TO dissolve the at.
tschement on the Homestske mine was
made by the counsel for the defense and
was argued st great length, occupying
all Of Saturdays session. The Court
finally withheld its decision.
On Monday morning the jurors were
present and the following men we're
chosen to sit In this case: Axel Shislds,
J. Campbell, Phil McKernan, John
wsarne, E. GillilaHd, Geo. Harrison,
Harry Randall, Frank Pierce, r. P.
Kell, J. S. NcGrsth, a. L. Baker and
A. Young.
Hon. Thos. Wren and and F. X.
Murphy are the Attorneys for the
plaintiff and Gen. r. NJ. Clarke, Peter
Brssn and Oscar ]. Smith for the de-
fendant. The case thus far has been
greatly prolonged by the wrangling Of
the Attorneys over the legal points in
volvsd.
Frank Paul was tho hrst witness.
His testimony showed that in June,
1890, 1t shs solicitation Of Rocco and
his present stsorasy. Gsn. n. n. Clarke,
he took isAss frem Mrs. z. B. Robin
son, Eageas Howell and Gen. Clarke
ON ons-shird interest In che Home
stake nina aad was appointed their
agent TO collect from Rocco who owned
she ether two-shir4s end had been
working the nins ON his own account,
Whatever might BE- due them on ore al
ready taken out and to operate the
mine in their interests. Paul demanded
OF Rocco one-thira OF the 800 tons OF
ore or the dump and offered 70 pay ono
third OF tho expenses Of mining II. Roc
co refused to give . statement OF OK
penses and forbid Paul to toudh the ore,
in spite Of which Paul hsulod away 20
tons and shipped It. Rocco had him
arrested and ordered him on from the
claim. This suit for damages 10 the re-
sult, $4,000 for his alleged interest in
the ere on the dump, and e2, 500 for
proats he Was prevented from making
as the result OF Rocco's refusal to allow
him to work the mine.
Counsel fer the defendant objected to
the testimony relating 80 the. ore on
the dump, and the Court sustained
their objection, railing that o. suit for
an accounting. net for damages. IL the
proper legal means Tor .ens tenant in
common to secure from Gpother tenant
In common his shars Of the profits re-
sulting from working thseomnon prop
orty under the circumstances. OF this
casa. 80"
The plaintiff and his attorneys, lhav-
Ing been thus overrulsd, on the first
countin his complaint, proceeded to In
troduce evidence on the second count.
Seversl witnesses we're examined, in,
cluding Gus Simon, Alex Muir and
Louis Lani and w. L. Roberts, who
testified with regard 70 thn mine, the
value Of the ore, etc. -
Messrs. Muir and Lani, whe with three
others had leaso on the mine for IL
months, after the expiration OF the
Paul lease, extracted 1915 tons Of ore
which is known TO have paid a profit
above transportation and working
charges Of about sl7 per ton. Their tes-
tiuony was constantly objected to by
the defense but the objections were
for the most psrt ovsrr,iied.
On Tuesday evening the plaintiff
rested his case and the defense entered
Q motion for nOn-su,t. The lawyers
spent the greater part Of Wednesday
morning arguing the motion, which
was finally overrulod by Judge Talbot.
All OF yesterday afternoon was occu-
pied with examining witnesses for the
defense. Final arguments were begun
at 7:o0 p. NJ. and at 900 the case wen,
to the Jury. They we're out about an
hour and . half and than brought In {
verdict for the plaintif for damages &c
tho amount Of e2287. 81 and costs OF the
suit. Az appeal viii no doubt be tsker
to the Supreme Court. The verdict
was unanimous gives general sAtisfae
J t,es here.