Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1899-07-28

+ and Bergman were there. In
!. mediately upon arriving there, an
: upon the same day, Rigley too
/. some ore of the vein, put it in IL
l fire and attempted to see what
: contained; and this method M
being successful he pulverized til
> rock and found gold all through i
and he states that it afterward d,
veloped that this was one of tn
richest piece of ore about the weir
They remained there some two @
three days and no longer, and di
not proceed to the placer claims
but returned to Florence, and whel
they arrived at Florence their grul
was exhausted. He iinmediatel,
located the claims in the name O
Rigley and Robbins, and this wa
on the 18th day of August, 1898
On the 10Th day of August Mr.
Rice, having learned that he wa
not mentioned in the location
notice, served a notice that Il,
claimed q One-third interest in thes,
lodges; and also on the 18th pre-
pared, signed and filed with the re
corler Of the district, and with the
auditor and recorder of Idaho
county . notice claiming q one-hali
interest in the property, attempt
ing to give notice to the world Of
his claim, stating that said one
half interest was for himself and
Mallory.
The acts Of the parties from this
time forth are only material for the
purpose Of showing the intent Of
the parties, and what effect their
act: should have in giving weight
to the testimony Of witnesses, and
In arriving at proper conclusions in
the case.
One of the salient points neces-
sary for the court to determine is
as to what effect should be given
to an affidavit made by the plant
if, Mallory, prior to the commence
ment of this action, in which he
stated in substance that Mr.. Rice
had no right, title or interest in
the property. Without consider
ing the circumstances under which
this affidavit was made, the Court
will state what it understands to be
the rule as to the effect such an act
has upon this suit.
1t is claimed by the defendants
that this is suit in equity and
that such an act cOntrayenes the
maxim that "He who comes into q
court of equity, must come with
clean hands," and that Mr.. NAL
Tory is debarred from bringing any
action on account of these state
ments sworn to. 1t is true that
the act stultifies the party and i'm
peaches his testimony, and unless
the testimony of such a person is
strongly corroborated it should not
be believed by the Court; but to
bring a person within the rule laid
down by the defendants he must
have done some act upon which
others have acted, and been dam
aged, which was fraudulent, and,
in such case, the court will leave
the parties where it finds them. It
will not help to perpetrate fraud,
but mere contradictory statement
upon which it is not claimed that
my person has acted so as to bring
about the cause of action, whether
sworn to or not, does not bring q
,arty within the rule. The Court,
therefore, will attempt to pass upon
his case with this rule in view, as
Ibove indicated, that it is an inn
teaching act, and moth ing more.
The Court does not understand
hat such an act brings the party
within the rule contended for by
he defendants. The Court must
'lso take into consideration the
interest which each Of the parties
las In the case, aud the acts of the
'arties throughout.
1t is claimed by Mr.. Rigley that
It the time he left Wind River, ON
lis way toward the Buffalo Hump
hat he started for the purpose Of
ocating the placer claims which
lad been discovered by Mr.. Berry,
nan about 1860, aud which he ,
tstes he had made repeated efforts ,
o find since and had made several :.
rips into the Hump country for !
be purpose Of finding such placer {
laims, but had always failed. In {
act, Mr.. Bergman had Just re- I
urned from trip which had been I
seless in endeavoring to find these l
LAGER claims. Mr.. Rigley had f,
ever been in that country previ- c
us to making this trip. If Mr.. I
iigley started to make this trip t
or the purpose of finding these ,
LAGER claims, and without any G
egard to the lodges located, and if l
ne Court should SO find from the
estimony, it would be very i'm a
ortant point in arriving at a de- l
sion in this case. He claims to i
ave started to 20 to a point twelve t
fifteen miles distant from Buffa- a