The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-30
ELY, WHITE

Yesterday the case of the Alaska
Copper Co. vs.. Nevada Consolidated
Copper Co. was taken up where left
of at the night session of Thursday.
Judge Brown overruled the motion
of the defense for non-suit. The de-
fense then opened their case.
John Melyin was the first witness
called. He testified that he, A. A.
Marshall and Tom Johnson, the lat
ter now dead, located the Ingersoll
fraction in 1900. They did the neces-
sary preliminary work on the claim,
fixing stakes and sinking a 4x6 dis
coyery shaft IL feet. On cross ex-
animation he stated that he had To-
Gated the ground on account of Its
excellent mineral showing and not
because of the general reputation of
the surrounding ground as to miner
alization. 1t was the first claim he
had ever taken part in locating and
he therefore remembered details
more perfectly than he otherwise
would have. He sold his interest be-
fore the year expired to W. b. Gra-
ham, George Paul and W. j. Stew
art. Groupings on the Ingersoll were
exactly similar to those on the Ruth
and Copper Queen, he stated.
A A. Marshall stated that he had
been one of the original locators of
the Ingersoll, the location being
made July 10, 1900. He and Melvin
did the location work. On cross ex-
animation as to the manner in which
the ground had been located he stat
ed that it took in all of the ground
~ T..
it in exactly the manner that he
would have taken up farm land so
far as measurements went. What
purported to be certified copy of
the original location notice was
placed in evidence. This was not
identified by MARSHALL however, the
word Ingersoll being spelled correct
ly whereas he had spelled it "Enger-
soll'' in the original
d. 2. Bartley testified that he was
4 part owner in the original location
of the Ruth. His testimony was prin-
eipally on the character of the ground
and the placing of stakes. He was
familiar with the ground of the In
gersoll location. John BerZan offer
cd evidence along similar line, ev-
cont that he was Interested In the
Copper Queen. which he located with
NJ. n Garaghan.
William Mcknight, in his official
capacity as recorder. produced the
records of his office to prove nssess-
ment work on the Ingersoll. The do
fense introduced an affidavit of as
sessment work done on the propertv
for 1901. sworn TO by George p. Paul.
To this the plaintiff objected on ac-
count of errors in description. Sus-
tanned by the court. the defense eX-
cepting. Affidavit of assessment
work done for 1902 was produced
and admitted without objection.
Objection to the admission In evil
dence of assessment affidavit for
1908. signed by William and Morris
Roberts, was overruled, the prosecu-
tion making exception to the ruling.
The affidavit for 1904 was admitted
without objection. That for 1905
was objected to by the plaintiff, the
objection being sustained until such
time as the defendant can remedy
some defects found In it bv introduce
ton of evidence. The affidavits of
performance of work for 1906 and
1907 were admitted without objec-
tion to evidence. Adjournment was
then taken by the court until 2
o'clock.
Nearly all of the testimony which
went in after court reconvened in the
afternoon was of complicated nature.
The defense occupied the stand for a
short time only, introducing a chain
of deeds conveying the pronerty FROM
the original locators to the present
holaere
In rebuttal of the evidence offered