Churchill standard. (Fallon, Nev) 1903-1908, 1906-10-13
MINING SUIT
JURY'S DECISION FAVORS THE
THE DEFENDANTS
Case viii Probably Go to Supreme
Court for Final
Adjudication

IL distinguished from one III law, Mue
submitted to the jury Thursday alter
noon at four O'Clock, after ten days had
been consumed III the taking ol testi-
mony and the Offering of. arguments oi
counsel. Thomas 5. Ford, uf Nevada
City, Judge Wampler, of Wonder, and
Leroy \. French of Fairview, represent
ed the defendants, while ii. X. Cooke,
Of ronopah and William 5. Wall of this
place, represented the plaintiffs,
The arguments OF counsel were
able efforts, and the salient points were
brought out in such bold relief to the
jury, that the latter spent the time from
four o oclock Thursday to half past two
O'Clock Friday morning, before nine
men could be made to agree upon the
twenty questions, comprising tine case.
The stakes played for III tins particu-
lar suit are OF uncertain value, enlbody-
ing the Wonder mine and townslte. AT
tile present time, Il half million doliars
Is considered u tair estimate OF then
monetary value, and the interest IN
yolped IS onehalf OF one-third. Already
the case has cost In the neighDorhood VI
5000, which Will be borne 10y either ont
OF the other OF the principals, and the
end Is not yet, Tor no matter which
way the judge of the district court may
decide, Tie case viii continue and be
submitted Ia the higest Judiciary body
III the stale for Its consideration.
While the jury returned verdict toi
the defendant, its action IS merely all
vlsory, aud no conclusion can be made
IT tins time as regards Judge Curriers'
declslon( which Is final AS lar as the
district court Is coneerned) nor viii
1t be possible until he sits
III chambers III Washoe county. SOM,
IInne between now and the latter part o.
Gnls month and listens and decidesupoI.
Ghe exceptions taken by the attorneys
In brlei the evidence III the case Is a.
follows:
1t was admitted by the defendant.
that IN agreement had been entereL
into by the plaintiffs aud deiendan,
whereby mining partnership was
iormed Tor Goldyke mining district. the
plalnrlifs Costello and Newhall,
~ tlrnisn tue money necessary 10
,sirry un his prospecting operations,
Whfle Scott. agreed 10 do the loeatine
alid necessary work, and tine pIalntlils
.nriner agreed 10 make the tiolafloils VI
stock, Whenever a promising property
w;ls Iound that would warrant such u
course. lhe plaintiffs III tnelr tesu-
IAony maintained that the partnership.
which the defendant admitted, was u
general mining partnership, extending
oyer Nye aud Churchill counties, anu
whatever other district they might agree
upon.
The defendant admitted the existence
of the partnership, but claimed that ii
terminated ut Goldyke, Nye county,
On April 18TH, n month and ten days
prior to the location of the Wonder
mine, and after the Life of the partner
snip had been of three and one half
months duration, during which time
the plaintiffs had furnished the defend
ANT cash to the amount of $3.50, Us proven
! by direct evidence, and they also claimed
TO have sent an additional $50 in cur
rency, by letter just prior to the defend
ants trip to Wonder, which the latter
denies having ever received.
just prior to the defendant depar-
ture from Goldyke, he made a trip to
ronopah, and in Il conversation with
the plaintiffs. spoke of the excellent
prospects being discovered III the Fair
view range of mountains, and according
to the evidence addueed, the defendant
agreed to make the trip. On the 18Th
day OF April following, the defendant
wrote, as proven by letters admitted in
evidence, that he would not take GER
tain lease on the Burns property in the
Goldyke district and assigned reasons
for not doing so. Subsequently, on
April 81, 1906, he left Goldyke, in com
pany with. Fitzpatyick, SavageA Cart
right and Dempsey, stopping at a place
in the Fairview range of mountains,
named by them at the time Snow Point.
1t was from there that Scott wrote, to
the plaintiffs that he had made nam
ber of promising locations in the Fair
view mountains, and that he would re-
turn within a short time to complete
the assessment work on claims situated
in the Goldyke district.
From Snow Point he went on to Fair
view, from which point he wrote TO Cos
tello of an opportunity to go iato a
lease with friend by the name of Nc