The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1903-11-05


cry and location of mining claim
with which every miner and prospee
tor should become thoroughly famil
lar i'll order to avoid ENHANCEMENT
like the one in question
Fourth judicial District Court OF TN
State Of Nevada. In and for the
County of White Pine.
MARY a. BONNER.
Plaintiff.
WILLIAM A WATSON
ANNIE NJ WATSON.
ERNEST o BAKER
81 al.
Defendants.
Opinion and Decision.
This is a suit in equity for the pur-
pose Of obtaining a decree determining
that plaintiff is the owner OF an undi-
xided one third interest in certain min
ing claim-the Joanna" in Gold Canyon
Mining District White Pine County.
which was located and stands in the
name OF the defendant Annie NJ Wat
son The complaint also prays for an
accounting; but at the trial an account
ing was waived by plaintiff.
The complaint alleges that plaintiff
and defendants William A. Watson and
Baker on or about April 10th. 1899 en-
tered into an agreement whereby plain
tin agreed to furnish board and provs-
ions TO defendants William A. Watson
and Baker for a period of sixty days to
enable said defendants to prospect for
mining claims in the neighborhood of
Cherry Creek and that said defendants
during said period were to prospect and
that said plaintiff should have a one
third interest In all mining claims To-
Gated by said defendants during said
period; that plaintiff complied with her
part of the agreement. by furnishing
said defendants with board and provis-
ions during the sixty days; that said de-
PENDANTS in pursuance of the alleged
agreement did locate several claims in
the names of themselves and of plain
tiff as eo-owners, but that on the 18th
day Of April, 1899 the said defendants
for the purpose OF defrauding plaintiff
located the Joanna" mining claim in the
sole name of the defendant Annie NJ.
Watson. the wife of the defendant Will
liam A. Watson The defendant Baker
did not answer. but the defendants Will
liam A. Watson and his wife each
answered denying the alleged agreement.
or that plaintiff furnished Watson and
Baker board and provisions as alleged.
admitting the location Of the Joanna
in the sole name of Mrs. Watson, but
denying that said location was made BIZ
and denying all allegations of fraud.
The action was commenced April 9Th,
1902. 1t was tried at the May session
Of the Court 1902, by the Court without
a jury-Judge Talbot presiding. The
Court found the facts against the plain
tiff and Judgment was entered for the
defendants. Thereafter the plaintiff
moved for a new trial upon the ground
of newly discovered evidence. This
motion was granted in December, 1902.
II is to be noted that upon the second
trial OF the case plaintiff did not produce
the evidence, the discovery of the ex-
istence of which was the basis of her
motion for "A new trial.
ON the last trial. at the close of the
testimony. plaintiff made several mo-
lions to strike out various portions of the
testimony. A decision on these motions
was reserved. These motions will be
disposed of before the main case Is dis
cussed.
Plaintiffs motion ito strike out all
the evidence relative TO the location of all
the mining claims except the Joanna, In
which the plaintiff is not party to the
location" is granted except as To the
claim called the Three Ladies' 1t does
not seem that defendants acts in locat-
ing mining claims in the names of third
persons the plaintiff not being included
among the "locators." should be con-
sidered evidence in behalf of defendants
tending to prove the non-existence of the
alleged agreement.
The plaintiffs motion ITO strike out
the evidence of Joe Watson, TO strike out
all the evidence given by MIR. and Mrs.
Watson and Baker in reference to leases
of the property" and ito strike out all
the evidence of any contract except the
one alleged by plaintiff, except con-
tract in recession of that alleged con-
tractn--are each denied. Each party
may have exceptions to the above rul-
ings.
From a careful consideration of all the
evidence adduced at the last trial, /
consider that the following facts are
clearly shown: About the latter part of
March or early in April. 1899, the de-
PENDANTS William A. Watson and Il. o.
Baker went from Ely to Cherry Creek
There they boarded at the restaurant
kept by Mrs. Bonner, the plaintiff. At
first they sought work at the Star Mine,
but failing in that they began to pros
,ect in the neighborhood. About the
10th of April, Watson returned to Ely.
having been drawn on the Grand Jury
which was to meet on the l2th OF that
month. Before he started for Ely. Mrs.
Bonner, the plaintiff invited him To
ring his wife back with him to Cherry
,reek. on the 18th of April he was ex-
used from attendance on the Court and
hen or a day or so later went back TO
,berry Creek, taking his wife, the de-
andant Annie NJ. Watson, with him.
FRS. Watson remained at the restaurant
+ Mrs. Bonner from then until some
Ime In July as an intimate guest, heip-
40 Mrs. Bonner about her sewing anu
$50 with the work about the restaurant
or a day or two after Watsons return
cherry Creek he and Baker pros
- ,,y;tbout making any locations,
ting their meals at the plaintiff s.
= he 18Th day OF April. 1899 they dis
,vered and located the Doubtful ana
~ ..cold Hin claims. each In the
.,,,as ~ Mrs Bonner Watson and Baker
educators. On the 18th they as
,..r.d The Joanna lode and watson
Gated IL In the name OF his "iie "s