The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-09-18
SUPREME COURT DECISION
CONTINUED from page y

vicinity and looked all around and
could not find it. Later in the day,
before | left there, l went to him
again, and said: Billy, will you show
me where my ground is?' He an
swered, Up there and pointed in
different course from where my
ground was O. Had YOU
any information as to what vicinity
ur claim lay? A. Yes, sir, was
informed it was adjoining the Ram
sey ground. Q. Now, then, did you
find the Ramsey ground ~ Yes,
sir, think l did, the Ramsey
ground. Q. Did you lock faithfully
all around the Ramsey ground to see
if you could find the location of the
Ramsey Extension A. looked
all around, but could not find any,
thing. l know now
where the notice of location Of the
Ramsey Extension mining claim was
placed. Q. Was there any outcrOp
ping in or near that monument or
location notice =? A. There was.
Q. How tar from it and in what di
reclon? A. 1t runs in about a
northeasterly direction maybe 40 or
so feet from the monument. @. Do
you know anything about that crop
ping as TO what it contained. il 1t
contained anything A. l have seen
an assay from it q. Do
you know the rocck you had assayed
came from this location A. The
rock was sent from that location.
When | speak of the ground | refer
TO the ground in controversy in this
action. | met Mr.. Beauchamp On
The ground about 80 or 40 feet from
The location monument. One of the
Beauchamps was digging a hole, and
the other was hauling wood. At
that time there was a notice Of loca-
ton by defendants of the Idols Eye,
that was the pa of August
James Ennis. one Of the plaintiffs,
testified as follows:
"On CT about the cSth day Of May,
1903 Mr. Oddie. Mr. Fox and myself
entered into an agreement with Mr..
Schmidt to locate and prospect for
mining claims He
(SchmidD returned the following Sat
urday, | think it was the Goth,
he returned and brought with him
some samples. saw the am0ies
The following Sunday
we took the samples to Mr.. Oddies
Office ana asked Mr. eddie TO hay5
themassaved ana the rcck shGWea
values. When i showed vatues Mr.
Fox. -. eddie and | decided 20 SEND
Mr. Schmit there to do the Location
work, and # ! remember right. OF
the 81 dav 0f t91ne he left T0uC0at
for Grandpa 10 % the location WI
On ;his claim. We furnished him
with 4 team and provisions. Q. d
Won know that he did any work? \
All know is what he told me afte,
he returned. After he returned W.
deciCed to send him there again It
complete the work. by that I meal
PIT the hole down the proper depth
according 10 law. he had only dug
few feet He did not go right hac}
again. Q. Did you hear anything
that he did or did you know of any
thing. A. He dug a hole out there
I learned that he had discovered
vein. and we decided to complete tn
work. decided to send Mr.. Schmid
out ARE again to complete the wCrl
| left TonoDah ahont the 7tn day 9
August, 1903: the day | was leavin
saw Mr.. Fox, told him I was out c
the work. and whatever my share wa
| would contribute. From what Nj
schmidt told ne l know thar the NJ
tlce Of location w-ich was offered i
evidence was taken from the Ramse
Extension.
Harry Stimler testified ae follows
In 1903 ! resided in Goldfield.
know the Grandpa District and kne
lp;,
located there under the name of
L. Oddie. James Ennis. Samuel FC
and Carl Schmidt. Q. Do 70
know a claim located on or abol
the 26th day Of August. 1903 in II
Grandpa Mining District, known
the IDOLS Eye claim ? A. l kno
where the location of the IDOLS E.
claim is The Idols Eye takes in
part Of the Ramsey Extension, Il
claim located by Oddie, Ennis. F.
and Schmidt I don't know wheth
it takes it all in or not. Q. Upt
that location did you see any indie
tons OF an outcropping, | mean Il
Ramsey Extension. A. sir,
saw the outcropping. Q. r. Sti1
Ter. did you. on or about the 10th d
OF August, see any one working up
the Ramsey Extension, as you knC
it now? A. Yes. sir. The Bea
champ brothers, they continued
work there for several days. | h
conversation with Leauchamp
or out the 26th day of August, 49,
with reference to the Ramsey EXtt
sion; ne said Foxy Grandpa had be
out there before. looking for
ground down where they were wo
ing, asked him if he knew where
was. and he said, No. and told h
he thought it was over near Colu
la somewhere. | don't rememl
all that was said. | remember Il
he SAID they had fooled him.
Jonn w. Cuddeback testified
follows:
Il was residing in GOldfeld on
about the 18th day OF May, 1908, 9
resided from that time up until
18th OF August. 1903. My busin
is that of mining an dteamlng.
have been mining about twenty yes
q % Won know the general appt