Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-04-23
GOLDEN BOULDER.
Bio Rock That Was Found Led to a
Unique Lawsuit.

unique Id"Sehs
Remington Hill Nevada county, II
the early times was big gold produc'
er and was noted also for the largo
nuggets that were found in its placers
| A rather curious history was connected
with one of these picked up In n.y.
draulic claim on the hill in 1858. II
was in the shape of quartz boulder
about one foot in diameter, but nae
been broken squarely in two through
the centre, so that only one-haif the
original rock remained. The fragment
was immensely rich and when pounded
ND yielded $4,000. Naturally the own
ers were elated at the find, but theii
Measure was somewhat tempered BY
the thought that the other half was
without question just as valuable ano
that a most persistent search failed te
reveal its whereabouts. The pile OF
debris was carefully looked over with
out success, and at last the CONCLUSION
was reached that 1t still remained Dur
led in the channel or had been carried
down by the rush Of water into the
river.
Some two weeks after the find one
of the men employed quit the 1op
packed his blankets and started ovel
the trail to Nevada City. There was
something about his actions that ex-
cited the suspicious Of the owners and
they determined to overtake and search
him, which determination they carried
out and were rewarded by the discov-
ery of the other half Of the boulder
concealed in the roll Of blankets. O1
course they confiscated 1t, and after
lecturing the thief on the enormity OF
his crime and his liability to punish
ment, generously turned him loose
The recovered half was almost as val
liable as the other, yielding s2,1S3
Naturally they supposed that this
would close the incident, but In this
they were mistaken.
Some two weeks subsequent to this
enforced restitution the claim owners
were surprised by a visit from dep
uty sheriff and the service upon them
of the papers in a suit for the recovery
of q certain nugget, or its value, the
plaintiff claiming that 1t had been fore
IDLY and unlawfully taken away from
him, property to which they had nc
title. Plaintiff claimed that he had
picked it up outside the boundaries OF
the mining ground owned by the de-
PENDANTS, to wit, on the river bank be-
low, and that the fact that it resembleo
in appearance a fragment on defend
ants claim gave them no right to 1t
They were very much perturbed over
this changed aspect. They had taken
it for granted that the miner had come
across the nugget on their property
and had appropriated 1t and that they
were justified in forcibly taking 1,
away from the supposed peculator.
Now they were not only confronted
with a civil action for its recovery;
they were threatened also with a pros
ecution for highway robbery. In this
dilemma they employed Judge McCon-
nell, leading legal light Of pioneer
times, and with much indignation stat
ed their case and with more conster-
nation learned that they were in hole
or course, they were morally certain
that it had been their property, but
did not have a particle Of proof to bear
Thov had cr,Sha1 I'm hOfh
halves, the first prior to finding the
second, so there was nothing to estab-
lish a similarity; they could not swear
that the second half had been recov-
cred from their own ground; they had
acted unlawfully in taking 1t by
threats and force, in fact, said the
Judge: You have got a - bad case
and If you take my advice you will
compromise it on the best terms pos
sible.
Besides" he continued, "Bill Stew
art is the plaintiffs lawyer, and you
know how strong he is with a miners
jury. Tells them how he was one OF
them and how he used to stand up tc
his waist in the water and shovel dirt
on Shady Creek. Believe me, I am
giving you the right steer when tel
you to compromise"
1t was a bitter dose, but the owners
were sensible men and saw that they
had got off on the wrong foot. so they
authorized the judge to fix it up on the
best terms possible. They got shock
when they learned that Bills basis
was the return of $4,000; he would
agree to throw off the $1S3 and
besides would take no action in in
sistng on criminal proceedings. Al
first they swore they never would
accede to the proposition, but they did
and paid into Stewards hands the full
amount demanded. 1t is only neces-
sary to add that Bill was fair about
it: he divided with his client and gave
the defendants immunity.-San Fran
cisco Chronicle.
| 8J' A scholar without good breeding