Show I 1 NioN OF it 11 HAMLET JUSTICE united frilled stites of A m ica 1 Torri territory tory of bloh b 41 as IV FT Jc IAL D TV i CaAS CERV toy A 1 I 1 1871 josrph RI ivack bet il f alj a complain arita bill in ya TB equity I 1 alvix defendants SANDER ct cl al the qu qi kielion elion stion before the coat court I 1 arises upon the application of tho the plaintiffs tvr for a injunction n and abil the appointment of a receiver upon bill anil and anwer and adil accini lanying affidavits affidavit i I 1 lite oto I 1 I 1 9 i in in ahk ir bill state and nil e I 1 thit they alethe are lo catoia aej a pose 0 se eason essora I 1 of r a accra ca m mine in e lead or lode 1 of r silver bearing ore of great value io ia their hill bill described ili clial it they located brij it tile hie anis tinder the act of bf congress C lad and the rules or bylaws by laws lawa of the ophir maniag district situated in the county kf f bobele in said territory on the I 1 jb lh day d U f september 1 1870 aud and named I 1 b lie a r line eime 11 the mountain T tiger 11 irr rice they further allege that they havo since then and ate are now expending large sums sauil of me money D ei t to develop sell and in a korving said mine etc and they aver they lave have with all tile laws and the slid said py by labsan a J insist that they are ca stilled titled to thi sole sola end and peaceable possession said mine and nd the llie ores and other rn mineral therein contained that on or abent the day jot october defendants wit without hont right or corn com siti loing a shaft near to com coin nants ail abid ld lead or lode lodea and nd in of the llie rights of corn COM nants made a tunnel to 0 o comphie anta sald lieue ur lead OK fode ol of said mid ore and I 1 eulid p nl coq and pio property perty and took 1 from rom said complainants said w inanc kne milver bearid boating oro ore of the value of sixty thousand dol dollars larff dud lia in diere pird of said rights etc they are arc continuing so 80 to ado 0 and threaten that abey will so 0 o CO tan n dinue to do to the great injury of it rights and to their said baid property properly y wb ertLy they aver that they have anil and are arc seller aag aaste vaste ahll ahl arrop n ame injury 1 etc anal and i that litcy have ill be at 1 jaw law etc and lher het eforo adiong other thing iray that said de defendants fend may be entrained by injunction etc and nd that a receiver way be op pointed etc and for general relief the bill is n signed and veri fica by complainant i and ana signed by their solicitor wilb slid paid blu bill was vaa filed alic affidavit sor sundry dersons in support of ld wt bill I 1 i the B ape time filed their sworn answer with lite hie atlida vita tits of sundry persons i in support of the rame name denying all the material alle allegations gillions gilLi uns arid and averments aver averi ments of the bill aud and ob charged arged under nader and averi that they ilithe discoverers dieco disco veers vc cra and locators on the clay day a olt of october 1870 1871 ofa fl thit that certain mini lead or luan or of bilier ve or bearing ore are which they named ilia 11 peta initial luma and that they in n so go locating sud arid po ing th 6 satee same hid complied with tile iho laws of Con contreas Consi greas cst and with h ho bylaws by laws lw of the baid 0 ophar bi 1 e alining M ining were I i and that they were dorlling worl Ling anil and taking ore from their S em id il mine and in d riot not from the said bald complainants the complainants complain anta iber thereupon cupon pled ili their replication to too the said aai d answer ansbe il 1 arid and affidavits kni davita to rebut the new DOW matter and nil charged in a ner as aforesaid 1 lo 10 A macor 1 fir comp e in a ante 4 i f I 1 III L t ki k lur der aman fend cm ants an BY C bl ilahi HAS I 1 EY BY jestice AO arom the bill of complaint andeits and ita all affidavits anili Tits and front froni the alle arsia er I 1 odthe defendants and iti ill nii ile coul company pally tog CA there alfar to D bo be two distinct canines or 01 lodes of sil oil ter beering ore and titles thereto bet ct up and insisted upon on under oath 1 I anil and cadi cacti bearing a distinct dib name iol J lio lie complainants however hower cr insist that thai the said did mine or lode named the llie itu laititi luma 1 one sad bil tin the rama of the mountain 0 and 1 n I within lite ile limits of if their said anaa ania part of their property I 1 the insist as lliel they are distinct dotinel and t of c sell ather 3 F that complain complainant anU I 1 t mountain I 1 ligar iger i is but 4 1 de posit or pocket I 1 or ore ani nota Tein leader lead or lola in n a line irn or ledge 1 yf ff viall reel the testimony or both complainants and as well im as their re rc ivo ili a the bill ond and answer are equally positive in tile support oft of I 1 the allegations ana bet for forth th As a facts in the bill anil and the hit answer and bah t th is i a posalie po silie denial of tile statements etil omenta more directly conflicting conflict testimony could not lave been introduced in evidence ILI ail is to be greatly lamented that such euch a coil conflict fl jet beof facts should be 1 I 1 presented I 1 I 1 in n this proceeding suppo supposed ted by ohp solemn oaths of the ro parties and their adi iota we are not pre laed in pay ny tint that either or the wild P irti to it ii bant halt gieir re pec tire live a ali lnla hark at i levally anoni angrl film 11 it is i I 1 a t til it hoar he ever vir thil that III triou oo on tile one on or tile other oilier side of bf tile the of fat fa t that clial have arisen rn n in in this case aro are mainly right and truthful and alij that the other is mainly ini wron wrong and untruthful both and all nay be honest tint that I 1 li A prism possibly ably honest yet ct it w is extremely difficult t reconcile their r several so 30 completely coni cich other anil and maintain lin tie the bell brief et that bat both parties parliee still ami their ll 11 ir are truthful ul nailer the rise conviction which s hidu mode upon tipon each cadi of them one or of llie lite groat as why a court or of equity 11 is applied to i u 3 that eliat the fie parties parl tea as ail wt it as tile the disinterested witnessed alner ml ner are required inar under their consciences is ag well B as terii tile anthi to abate and set et forth tile lie truth of tile the lue ease As a to lo tile weight or evidence given on both sides I 1 lieto live a judgment but it is ii to so unsatisfactory to myself I 1 am unwilling to 0 give to either nie fide that it that iq ii do bf ruble in a case cae of this kind tit ere are certain earmarks presented re by the contending parties pir tica I 1 that list rarely ever ii a court or a chan celler or of ordinary discrimination A as t la 0 tho the rial lights and wrongs th that at cis cit t though the evi ernielee ernie derwe aee is hi absolutely abiol and directly contradicting testimony thai bat is not dot subjected to the crucible of 0 a cross ex in most cases is likely to result in a perversion of facts or an amiss 1 icon of facts or a coloria colo coloring col riB m of fuels facts which would le be corrected by it a critical cross examination ci this thia ought not so no to be but so BO it is ia in the case at al bar I 1 I 1 re regret gret to say that bat a 3 more flagrant Lil regard of truth and of conscience anever I 1 acter met it is not for me 14 a accuse either side bide of this disregard but I 1 will remark it ia is due to the lite public ruL lic that v hocher on 00 the final bearing of this thial cause or of any ady other cause shall be found to have sworn calsel falsely y for the purpose of mis leandine the court nr no th decision of this or other othe r care el I 1 they b ey ifould be indicted p and a punished puni alicd for their perjury and circle the testimony or of the samplers 0 if the iho ore or of the lite tunnel through the like last thirty feet of the mountain tiger where it connects will tit lie e main main shafts of the Pet petaluma aluma writ ks ta Is ken in connection with dl eliat jat of or the ibe assayers assay cra thereof could do arit I 1 ie e more directly contradictory this evidence on the tiffi tide side shows the value of the BilTer skiver bearing ore per ton to be at different points along the line of the tunnel for said all thirty ry feet as follows twenty six boj doj dollars and seventy cents twenty three dollars and abil fiftysix fifty six cents aily sixty five dul dull lira irs and doriety eight an cental Is J and three dollars and four fourteen teca cents centi on oil the part of the defendants the be evidence v idenie through tile finine anno tunnel and space at of two tiro feet shows chows there is ii not even a trace or of balver or a inere I 1 trace abc in in The therefore reford defendants say jr there is ia no continuous leid lead or vein oin or lode of silver bearing tire ore along the last las t thirty feet of com complain plim anta tunnel awl that said eaid supposed load is isal shown iown to bo be b but lit d a mere pocket or basket or of sil ver bearing oreo ore and that their rights is if they have say do not dot ond and cannot extend beyond their said baid pocket and jo do not artt extend to th tho deposits or lead or vein of the complainants and their witnesses on the other oilier hand insist in diat that their sad aid I 1 mine or lead or of silver bearing ore is u one unbroken line lina or chain of if bearing ore front from the mouth of baid mountain tiger tunnel to abc ai i start or odthe the said or and that tile tho sam faai continues by drafta spars and angles all 0 the arid excavations odthe I 1 let alu ii oad aaa that tile the lid is ii a part of their il vein or lodo lode of silver bearing ore ore the question aelion ue lion of the character of 1 llod J 0 said eaid mineral land in amid dij m miran i 4 p district haa bas not been put in er idiens dence ef in a this interlocutory hearing but it may bo be hi material tit of this case cac if there aro are no vein acini q led ledges es or lodes of silver bilker bearing ore lit in jaila aard district and tile ores orea rest onty or wholly in distinct ilia pic thic Lets lt or if the mineral deposit of the 10 lo mountain tiger still anil 1 Petal lct lunia are arc con fload to pook fits and lov lure 0 flo BO 0 connection ono one with the th other ithe tin bisques isques must be with tho the defendants but bit if then ben ichi tile it ia n certain tit thit it one parly can have bato but their particular lead or gitein ic in or deposit or pocket of ore they cannot by locacio loc locating atio one no thereby take another if both bora othe the complainants and shafta imucci and murk are arc upon one lead or vein or deposit or pocket the ol detill legal discoverers anil and locator will hold bold it As aa these cannot toe lie do tor mined by the evidence introduced we vre must leave them to too lio settled malel by ff evidence ta tile crucible of it a cross cro examination when sad and WK we hope the truth may buy milt make pa phin tin tile the facts an find d the rig right 11 Is arid ami wrongs bronc of tile contestants As 19 great questions find and interests are arc in iq in this anil and other oilier suite commenced and in others tivit will soon be 10 we wish to ORY aay that so far as M I 1 have to do an willi will hem they will lie be determined as speedily as the and the rights nl parties will perot i t antics 1 in the right ought not dot mud ahall not so an far as I 1 am act concerned lie ile to suffer long delay bv those nho inte interfere r rt re it ill their heir arid anil property but ut i inai n much nl As ib lie facts facia is 10 the case at bar conant be ruined on tins this iti in like light of tile testimony aa and ina inai emch souich aa lie ile efella ata have boder un der oad denied ailt all the material facts facia ul of tile the bill we shall deny he application lor for a preliminary but wll gran grant t the prader fur 11 the ie appointment or a receiver an and order will be entered accordingly 1 cited this d liy ay iy of ol april 1 1871 |