Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1906-01-06
IS DECIDED
h,d0e Breea in Exhaustive Review Of the
Ev;deuee Shows that Plaintiffs Had no
Case

$3.50 1
TIN, conditions and vital constituent |
par of the grubstake contract, it is
substantially the same as that given by
MONTGOMERY and o'Brien. 1t also has !
a beallg on the brevity contemplate i
for therip. Rebel had a reasonable
opportunity of ascertain .ng for himself
whetherr not the m lines in question
were locaad during che life of the con-
tract, he Is give'.n testimony honest
testimony, i Delieve-far more favor
able to the defendants than TO the
plaintiffs side of the case.
AS to the second question, were the
mining claims in dispute located by
Montgomery during the life Of the
grubstake contract; in the opinion of
the court, a reply in the affirmative
would mean the discovery and location
of the group by Montgomery prior to
his departure from Bullfrog; that is to
say, between the first and third, or at
the farthest, the 4th Of September,
1904.
For an affirmative answer plaintiffs
seem to mainly reply on the testimony
Of Ray w. Harris, H. Buel and Indian
Johnnie.
In REFER ing to the testimony Of
Harris, Judge Breen said Gard KEEL
says statement on the stand Of the
promises Harris claimed were made to
him by O'Brien in the event of sue
cess in the suit, whether made or not
help Mr.. Harris ability.
It is, therefore, not strange that the
testimony Of this precocious youth, who
though only in the prospecting bust
ness for the modess period Of four
days, prior to the 9th of September,
testified that he could tell a good look
ing hill if he saw it twenty miles away
"a power Of vision and perspicacity Of
judgment which must secure him ample
employment and great remuneration at
this hour should be taken cum grano
sails.
As to Indian Johnnie's testimony,
Judge Breen said. 1t may be observed
that, leaving out Of account Indians Of
the half and full-blood, it has been
shown that in the Bullfrog district, or
it's immediate neighborhood, there were,
between the Goth of August and the
18th of September, from fifteen to
eighteen wide awake prospects and
persons interested in mining, yet not a
soul within those dates, so far as the
testimony discloses, laid eyes on Indian
Johnnie in company with Montgomery
at or near Beatty, Original Bullfrog,
Ladd, Red, Bonanza or Montgomery
mountains.
After his able review of the testi.
? mony, Judge Breen concludes as fol,
lows:
1t would, indeed, be a sorry day for
, the security Of titles to great proper.
ties, real or personal, if the practically
unsupported testimony Of Indian John.
ME were to be taken in preference to
that given by a man hitherto, at least,
/, of unblemished character, supported as
+ it is by documentary evidence. as con
, tanned in the notices Of location, and by
a the testimony of witnesses having q
. strong tendency to substantiate his
4 statements in particulars having more
or less to do with the facts and circum.
, stances surrounding the making of, anC
the terms Of the contract, as we'll al
the location Of the four claims in dis
pute.
To hold that the evidence in supper
of plaintiffs cause is such as woult
- warrant this court in decreeing plain
a tiTs to be the owners of any interest il
said mines, or in the stock of the cor
poration defendant, would be, indeed
" without justification, under the law an
: the facts.
N The plaintiffs having failed in thei
a. proofs, in the opinion of the court, de-
4 PENDANTS are entitled to judgment, Z
prayed for in their answers, and fC
costs.
70 Let Judgment be entered a~ecordingl!