The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1902-06-12
NEW TRIAL ASKED FOR.
In Case of Mary A. Bonner VS.. W.
A. Watson. ct al.

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In the case Of Mary A. Bonner VS.
VIM. A. Watson ct al, tried in the
District Court here last month and de-
cided in favor OF the defendant, the
plaintiff on Monday last filed motion
for new trial, and as the Court intl-
mated that such a motion would be IA
vorably entertained, there is no doubt
is will be granted.
Insufficiency Of evidence to justify the
decision is the ground on which the
motion is based, and in her affidavit ac-
companying the motion the plaintiff
sets forth
THAT August Riepe, whose present
place of residence is Azusa, Los Angeles
county. California, would, If sworn as a
witness in the case, testify to the fol-
lowing facts In substance:
"That on April IL, 1899, he was re-
siding at Robinson, in said White Pine
county, and near the Joanna mining
claim; that on said date. the said Will
liam A. Watson called upon the said
Riepe at said Robinson and informed
said Riepe that he had been sent there
by the plaintiff to request said Riepe
to come to Cherry Creek and enter the
employ OF the plaintiff as cook in her
restaurant, which she was at that time
conducting at said Cherry Creek; that
said Riepe had conversation then and
there with said Watson, in which said
Watson told said Riepe that he and Err
nest o. Baker had made an agreement
with the plaintiff, by the terms of which
the plaintiff agreed to furnish the said
Watson and Baker with grub. and said
Watson and Baker were to prospect for
minerals and locate mining claims, in
which said Watson and Baker and the
plaintiff were to be equally interested:
that said Rlepe told said Watson that
he would accept the position offered
him by the plaintiff and on April 13,
1899, left said Robinson and went to
Cherry Creek, and entered the employ
OF the plaintiff; that said Riepe remem-
bers the date he entered plaintiffs en-
ploy, and his memory is strengthened by
certain entries made in an account book
by him at the time and now in his pos
session, and also by certain letters re-
ceived by him at said Cherry Creek on
April IA and from that time on, which
a 80, alsa IN HE nooaaooiOn. that from
April l3, 1899, until about April 20, 1899,
the said Watson and Baker boarded at
said restaurant, and that about April
19, 1899, heard Watson say that they,
(meaning himself and Baker, wasted too
much time coming from the mine to the
restaurant, and suggested that they
take their grub out upon the ground
that about April 10, 1899, the said Wat
son, together with the plaintiff and the
said Riepe, went down into the cellar
under the restaurant looking for cook
ing utensils, aud that in said conversa-
tion said Riepe distinctly remembers
that said Watson stated in substance
that he and Baker were putting the
plaintiff to a great deal OF bother, but
that II even one OF their claims turned
out to be all right, that they all would
be we'll repaid for their trouble.
The plaintiff further states that she
did not know the whereabouts OF said
Riepe until some time after the former
trial, when she received letter from
him, and that she will be able to pro-
duce his evidence at the next trial Of
the case II the new trial is granted.