November 18, 1880 (4 pages)

cs The Daily Transcript. WEVADA CITY, CALIFORNIA. a Thursidy. November 18, 1880.) sneer maa renee Two Great Mines: ‘ -At the recent half-yearly meeting ‘of the stockholders of theSierra Buttes Mining Company in London, the Secretary made a report of the fifancial affairs of the, company, to the effect that the net profits of the half, year ending June 30, 1880, ainounted to . $32,593, . and 7 that there was a balance from the previdus accounts of $48,335, making total available $30,939, and about . $1,939, that had been applied. toSte —production_of property and water rights, A dividen{ of one dollar a are was then declared, aggregatng $30,625, The September product. was $23,229, working expenses $17,831, outlay for shipments $974. At the last meeting of the stockholders of the Plumas Eureka Mining Company, (whose affairs ate under the same management as those of the Sierra Buttes) in London, the Secretary made a report of the financial affairs of the company te the effect that there were in the” treasto be paid for a debt on Mohawk mill, leaving a balance of $167,895, A dividend was then declared of three shilliags per share, aggregating $105, 435ileaving $62,430 in treasury. 36,636 tons of ore were handled during the ha'f year, at an average cost of 2.654 per ton; milling cost being 70} cents per ton. a A Rising Printer. Hon. Henry Duffy of Virginia City was at the last election elevated to the Assembly of tho State of Nevada by the Democrats of the Comstock. Only a fewyears have eapsed since this same individual was ‘‘devil” in tke TRANscniPY offibe, where helearn—ed-the art preseryative;In the earlier days of his eareer he displayed uncommon energy,’ quickness and application, and: the constant calti vation of those qualities ever: since have succeeded in lifting him out of the obacure condition’ that surround _all/printers’ 'firentides for a time. “cDheré! iabut ‘one ‘ciroumstanee in’ Henry’s career that we can’t quite become reconeiled toy: That heshoutd' after graduating.from this hat-bed of Republicatiam travsfer his affections to the Demogracy is the only thing wewould chidehim for But, perhaps after all itis, be thus,— His presence in that party may enable him to correct some of the eyils of it that he could not reach from the, outside. At guy rate, herdis adiape from the ‘Transcairg thet he may continue to merit promotion. ia the future as he hasiin the past. ' The Grass Valley Union says if there are any dividend—paying mines in this districtjthe: owners “haze js good way of keeping stich facts from the public. That's just what we have been gtowling about. We eould, name a number of good+diVidend pay" . ers, and we should de so'did we not fear bejng , sealped, The mines around here are owned by private individuals, and, aa they say, ‘so long as they pay their, bills itis no, one’s business what they make ur “lose. ‘They are right on that proposition, but yet the distries, suffers, ‘because the success of the companies are known only in a general way. There is wot & stook company in this township, and therefore figures eannot be had, Do yer pe, Mr, Ubidy?)rl ‘Truckee Republican Notes. . ~ Sixty Chinahen left shere in the past two days:—<Phey go ‘under contract with Sisson, Wallace & Co. for work on the Southern Pacific _Tailroad, . a7 Snel e One of the charms of a residence at this altitude is the privilege of skating on smooth, transparent ice, Just now it is delightful. The pond near town is covered with ice three inches thick, and old as. well as Young America are—esjoyiag the . Business to their utmost. Constable Janies Reed went Saturday to Auburn with the’ intention of arresting and bringing some <Jainamen to Truekee, but while he was there he wassentenc«l to five days in the county jail fer con~ tempt of court, --<-Navos strengthess the nerves. . ——— — qe a 1 Vee ary to. carry 4 weapon when travelLhia pooket, “He did not attempt to ‘THE SMITH TRIAL. Mr. SsSigourncy Carried Deadly Wenpons—The Prisoner on the Witness Stand—He'Says We Killed Sigourtey im Self Defense, The case of George W. Smith is progressing as rapidly as could be ‘expected, considering the number of w itnesses to be examined, and the scope of the testimony. . Itis expected the case will go to the jury tomorrow. Owing to the fact that the TRANSeRIPT.gives each morning a full synopsis of-the.previous day’s testimony, the Court room is not so well filled with spectators as is. common when matters of equal importance @re up for consideration. As te the deposition of R. M. Fryer the Judge at the opening of the Court yesterday morning ordered those portions in reference te the opiniors and impressions of the deponent be excluded, as moved by counsel for the prosecution, The defence excepted to the ruling on the grounds that the opinions and the impres~ sions gathered by.the witness were proper testimony. J. J. Ott aworn.—Reside at Nevada City. Aman assayer. Knew Sigourney about 24 years. We lived together at-times about 22 yéars ago. Never saw him carry weapons. Was before his death. Had no conversa‘tion with him in felati6n to carrying arms. About six years ago he came in from Nutter’s and lid a_ pistol down in my office. I did not say to any petson thatja week or two before Sigourney’s death 1 saw a pistol on him and he never told me he always carried one; : Cross-examined.—It was customing in those days, ~M. B, B. Potter.—Reside atNe— vada City. Am a school teacher, — Knew Sigourney since 1865. Saw him have a deadly Weapon in 1871. Hehad been in. the Gazette office. Was during a political excitement. I thought he wanted a quarrel--with. me, as we differed on political matters. Fifteen minutes after a man in the Union Hotel, who was disgracefully abusing him in my presenée,.sdid, “‘You have drawn your ‘Now, damn you, shoot if you dare.” I saw a pivtel‘in Sigourney’s possession then. ‘Have known Smith several years, His reputation has been good. . ” Cross-examined.—Sigourney _ always became much excited, during political eampaigns, He took a great deal of interest im that campaign.— He owned stock.in the Gazett®qgaw . The Defense Endeavor to Prove that . delivered to Sigqurney if the mines deceased nd myself had no trouble. The parties that botded the mine had agreed to settle the mortgage, and they told me to put ‘np machinery and work the mine, Niles Searts.—Recollect of a bond being drawn of the Halt Mile House property. ThinkI drew #. Do not know where itis. Judge it was delivered to the party to whom it was made. Have known Smith 18 years more Or less. His _Teputation in this community has been tconsidered good. : Geo. W. Smith recalled.—Upon the failure of Amron & Co, I enterThe amount to be paid. to me was $30,000. Prior tothe discovery of Fryer was to all ghis rise him by Millsand me, f pay him$10,600. During time I relied on Sigourney’s event. Before going to Napa as a witness, immediately prior to the shooting, I told Mills I had written to Mr. Dibble to tome up and attend a-wreeting to effect a. settlement. Before that I had also telegraphed liita to the same effect. I sent for Judge Dibble because he was Sigourney’s friend and attorney. Judge Hupp had also said he would do all that he possibly could.— On my return from Napa Mills told. me at: his stable no arrangements had.been made yet. / I then went to Gaylord’s store and started for Blue Tent. Opposite the Catholic church Under Sheriff Carter served a summoms on me. I came back, and leaving a bundle I had at Gaylord’s store went to Milla’ stable. I had -edinto an_agfeement_with Fryer and others to develop the mine. This wasin 1878: Mn Fryer has the agreement we made. I do not know that it is of ‘record. Fryer) and Company were to settle with the first parties who’ bonded it for the expente they had been to, to pay Sigéurney, to_pay. me $4,000, and to give me stock fot one-fourth of the incorporation that was form— led. Afterwards the Smith Gold Mining Co, made a deed to Sigourney and an agreement was drawn with Sigourney, {at first objected to signiag the deed, but Sigourney agreed if Fryer failed to raise cerits proceeds withme. The fromi® was never put in writing. Judge Hupp remarked it better be pnt in writing, but J said to wait till we saw whatjFryer would do. Fryer failed tokeep his agreement with Sigourney. ‘There was a deed tobe Fryer failed. Sigourney treated the deed as absolute, and I Rased the property to Wm, Eddy, by Sigourney’s consent, at $50-a month, till a certain number-ef boarders were obtained, then $75 a month. With my family I moved into-the lumber office. I received portion of the first month’s rent, amd got about two month’s rent altogether, After that therent was te be turned over to Sig— ourney per agreement to improve the place. . E-had conversations with Sigourney tryingto get him toe reduce our agreements to writing. I pistol,” of something Whe that, and{secured-the serti¢os of Dibble, Hupp . and Mills in trying to settlefmatters. George S. Hupp, Hsq.,was Sigourney’s lawyer. My family still reside in the lumber office. . Had personal meetings with Sigourney that were unpleasant before the making of the deed, and after that. they were pleasant till the present ditliculty. The first unpleasant meeting was at my housein 1876 or weapon in his hand then; outs aseit. The man he was .quarreli with was a gambler named Johnson. He was called '‘Old Mou Johnson.” George W, Smith. Am defendant. in this case. Came.to California in 1852 from Missouri, Resided first near Kempton’s Crossing, Sutter county. In 18631 went to Reese river for a short time. Returned to Sutter county in 1864. In 1867 came to this town. Became interested in Half Mile House property in the latter part of 1871, I think. Have a wife and seven childret; Became interested im the proceeds of the Scott's Flat sawmill property in 1867. My-business relations with the deceased begaw in 1868, In 1871 Mills became interested with me in the sawmill property. . In 1867 the owners of it got in my debt und deeded it tome. They were also indobt. ed to other parties, In 1868 one of the latter ereditors filed a lien, Myself and others borrowed $6,000 from Sigourney and raised the lien. From the time of the loan till Mills yhecame interested Sigourney. was paid over. $6,000, bat. the ‘ principal remained $6,000,, Wedrew up an agreement, waiving limitation of the note. avd reducing the interest from ‘2 per cent. ® month compounded quarterly to 14 per cent. compounded quarterly. . The property’ was then worth about $14,000. In 1873 we gave Anew note for $9,000 with additional security (Mills’ stable and Halt mile Howse property)and interest reducgd to 1} per cent. The Half. Mile House property was then worth $10,000; the stable about $3,000, No mines were known to ex‘ist on the Half Mile House property then, Tacy were discovered in 1876. I proceeded to develop them after their location, Various crushings were taken out. In 1877 I bonded the entire Half Mile property to P. . Amro of San Francisco for $60,000, . 1877. Sigourney and Wm. Watt me there. Sigourney talkedabout urance matters, speaking harshly. There was sickness in my family. I was supposed then to be t the point of death, Watt checked him from talking business further. Had a meeting with Sigourney and Fryer at National Hotel, when we talked of the mino’s affairs. Sigourney had issued an injunction. I told Sigourney ‘lidid it not been for his injunction we would have paid him long ago;, that it looked to mo as though he had rather have the mine than the money. .He said I should not dispute his word and-placed his hand in his hip pocket, and shook his finger in my face. He said he would hold me responsible in person and property for my conduct. Fryer stepped between ue and made him desist. In.the early part of 1878, Judge Dibble, Sigourney and myself met at. the Natiqnal Hotel. I called Sigourney a: liar during the convetsatio#, “He put his hand to hia hip pocket and said 1, should not insult him, I jumped towards him with a hickory eane, when Judge Dibble stopped us, saying he had, not come there to witmess a tragedy, but to settle our differences, Sigourney and myself made friends before we'left, he saying he did not want $? take my property, but would set. tle rightfully. That was our last difI remember\. We before in front of the National Hotel barber bap, se oan ed away, saying I wanted no difieult He came into the Nationdl-teled, where I went, and re-commenced abusing me. I told him Lwould not have a difticulY with -him for the whole county. esaid he would rather have one than not, and was-always ready for me. Prior to the shoeting I was employed for somé months as watehman at Blue Tent. Since the giving ef the last mortgage, Mills, myself have paid Sigourney over $2,313. Sigourney told me he got the proceeds of two crushings of rock that was to be credited ou what was due ficulty before’ thé hooting, 20 far ag. my-Fevolver with me for the reason I needed it in my business as itight watchman. I wanted Mills to see Sigourney and make arrangements . to prevent my out of doors. He said he would. I walked to the National Hotel, without any idea of meeting the deceased alone. Mills rejoimed me at the hotel, and I told him I had-not seen Sigourney. He went away. I walked into the Post office to deliver a mnessage to Miss Lillie MeBrown, then returned to the bar-room. I lit nfy pipe at the bar. I then walked through the office and out the door to cross to Wellington’s.stable where I spent much leisure time. Aa I stepped out, Sigourney stepped onthe sidewalk, £ spoke to him. He asked when I got. back. I told interests in the property and divide} saiq with a gesture and « laugh he did not call it robbery. I called him. a thief and a robber. He whirled ard saying, ‘‘ you shan’t say that”, put his hand on his pistol pocket. I pulled my pistol and fired. I did not know how many shots I fired till the pistol Was. examined afterwards. The whole thing occurred in an instant and I do not recollect what happetied after the first shot. The only reason I fired on him was be; cause I thought he was going -to hoot me. I believed he was armed because he had before mdde demonstrations that fed me to believe he would shoot me. After the shooting was over I walked up street. The first man I recollect of meeting face to face was George Welch, and I asked him to walk to the Court House with me. AFTERNOON SESSION. Examination of Geo. W. Smith continued. . Cross-examined.—Five of us borrowed $6,000 of Sigourney. Crawford or Hamilton pegotiated the loau. I agreed to it. in T1871 all but Mills and myself were released from the note. Interest in those ‘days-was-high:—¥hat-state—of -busi-— ness affairs was continued for two years. Mr. Mills has managed the business since.}873_ to the present: time: ‘The mill was run two or three years after he took the superintendence. We continued to cut timber in the vicinity of the mill, rendering it less valuable. I became interest— ed in the Scott’s Flat property before the others havingfsome dealings with: the former owners. When we gave Sigourney the mortgage we also assigned a Sheriff's certifieste of sale to him by which he could have taken possession of a portion ofsthe property at the expiration of six months _in.case we failed:to satisfy the mortgage. Onenote was given fordor 6 months, and theotherfor 12." We cut about amillion and half to two million feet of lumbera year up to ty haddeereased we gave* hith additional security. Itraded the Gentry homesteadas part payment for the Half Mile Mouse propefty, ‘paying inall about $7,000 dollars for it. The deféndant desdribed thy Half Mile House property and its. condition, When. he bought the property, and made the mortgage to Sigourney he said it was very valuable, on account of large numbers of travelers stopping there. The Company's mortgage to Sigourmey was intended to cover all the property that -he purchased from Rich. The value was reduced by the stoppage of the mill. The railroad coming.in also reduced his patronage. Up to. the time he-leased-the-house there Was no time it did not pay expenses. His family moved into the cabin voler A man nanied Sprang and family lived injthe cabin about a year, aying about'$6 a month for it. Deendant leased the main house by Sigourney’s consent. . There was nothing oppressive on Sigourney’s part in this transaqtion. Si ey was to take thé rent to make irs on the place'with, after a talk ‘between him and defendant in September 1879. Sigourney had not received anything from the Scott's Flat roperty, 80 far as. defendant knew. he brick stable is worth $3,000. or $4,000. At the time of foreclosure there was due to Sigourney, less a small amount, Me ! The judgment on record, Which contains an error is $24,040.75. 4qnine, saying it wasaquestiop among lawyers us to whether the ee would cover it. Some of the Haif Mile House preperty was fenced when Sigourney toak possesssion of it. A portion of the fences and sheds were usedfor fuel by the miningcompany. The house was repaired throughout by Sigourney. Defendant received some money from the mine in 1877. Before the new company took pessessin of the mine, he took out in two months some $4,000, afl of which and more was paid for work. y hen he gave the property up, that he would protect me at any family being-turned ities but ‘him, 1876, andas the value of the rr : Defendant, related the history of the. Smith . passengers from that place, started y a enotgh had been taken out to pay nearly all the indebtedness. Tho mine did not pay expenses while the new company had it. No assessttents were levied. About 200 toms were orushed. to a dozen men were employed. It was badly managed, Sigourney got about $900 from 100 tons after paying for hauling and crushing. The Company owed a great deal when it quit. Sigourney was in a position to foreclose and get all the property.— Defendant deeded it to Minister, and Minister to the Company. This was in August, 1878. Sigourney made propositions to’ settle the matter.— ney and the Smith G. M. Co., together with a deed from the latter to the former, were identified by the witness. If the Company did not pay deceased $10,600 at the expira~ tion of a certain time he was to. come into full possession of the Half Mule House property without the costs at-. tendant on a sale. If the money was paid, the mortgage on.all the securto be released. None of this $10,600 wags to come out of witness’ interest. Up to this time there had been no trouble to shake confidence fin deceased, who proposed to divide the property with defendant if he got it. He would furnish machinet'y, abd after taking out jwhat was due him was to divide the net prooeeds. Their relations were friendly after that, up totheday of the shooting. Were good friends in. the meantime. Witness found somefault about the deceased taking the rent, the. latter khowing the former's family had nothing else to dependon while: the ton Territory. ‘‘In the letter where IsaidI would die before allowing certain things to be done, I referred to my family being deprived of meatis of livelihadd. As to my say-— ing ‘'l would die,” etc., I spoke as men-often speak without meaning what they say. Sigourneyand I were on good termsthen. I do not know that Hddy .went to Sigourney with complaints about my turning cattle into the property. Judge Hupp told me Eddy comp'ained of my cow being in the barn. Eddy and I talked over the matter. He said he wanted all the room. He threw my daughter’s furniture out} of the granary. I then wrote a letter saying I would protect my rights. I built a shed for the cow. I did not get mad when the papers were serv— ed on me or while I was looking for Sigourney. Iwent there intending to-meet Mills-and_ settle matters amieably, te rob me, are you,” when he laughed and said he did not call it that, andthat made me Very mad, so I called himthe names. He whirled‘ and put his hand on his pocket, and said [should not call him that. I then drew and fired immediately.— My pistol stuck out of my pocket, and I got hold of itreadily. I fired}. at him because I believed my life was endangered. I'think. Welch or Kitts was the first man I -spoke to after the shooting. ber speaking to Ferguson. I do not think I told him I shot Sigourney because he tried to rob me. Had I recognized Fereuson and answered I think 1 would have told him that I did it. in; self-defense. I do @ know that I said anything to im. +5 o'clock 1 m., while the defendant was still on the stand, Court adjourned till 10 o'clock this morping. Au Absurd Story. _ Because the Transcrret published, a few days ago, an account of a contemplated railroad being built Juan, some malicious persons, unknown to us, are asserting that we are advocating the project. The statement is false, and no person who has read the articles will for a moment assert that we favor anything of the kind. The charge is made out of whole eloth, . ~~ += — Dodged the Authorities. Harry Fowler, who not long since served out a term in the County Jail at this city, having been sent down from Truckee on a minor charge, escaped from the Genoa (Nev.) jail last Taesday, having recently been placed there to await trial-on a charge of murdering Christopher Hall of Jack Valley, Nevada. It id thought ‘he is hiding somewhere in this section. Broke An Axic. _Day befdte yesterday a driver in the employe of John Scott of Forest City, who hag en the day previous brought down a stage load of home. After proceeding five miles . on the return trip an axle of the vehicle broke,and he wag obliged to . put back to this city and have the damage repaired. . Fresh Candies Twenty-five cents a pound at Bowerman’s, next door to Union Hotel. Nevada City, Noy. 17-lw To tie up real estate, it must be first recorded,‘ e three . Several ag between Sigour. é thesaw_mill and stable was . ness with that of your _evident jn— I said ‘‘so you are goilg }. 4 I do not remnemj. between Grass Valley’and North San. . —¥ The Hi Cupitan Company's Finance,, Ren Curr, Co1o., Nov, 10, 1880, Ebrtor Transcrirt.—In your j,. sue of October 20th you assert that {itis claimed by certain parties} some irregularity exists as to past disbursements of the finances of th. Bl Capitan mine. Having been As_ sistant Treasurer of the Company from its inception tintil the--miy. was shut down, I deny the truth of the'statement. I expended honest_ ly and accounted properly and fully to the"home office of ‘said Company for every dollar.sunplied me by them and in fact devoted from my salary over $300 in paying bills for the Company, who are yetowinz me the same. I court investigation of my acts ay accounts while in charze of the mine, as well as 4 gpmparison oi my reedrd for honesty and trathfal_ formant, Mr. Francis Burns. Please give the same publicityto ‘this de nial you did to the uncalled for anti “untruthful statement referredto and oblige, Respectfiilly Yours, : A. C, Bross, or ie seein ————— MARRIED, sities ot ———+ In San Fratciseo, Noy. 14, 1880, by Rey Dr. H. Turnor, William Scott. of Nevada City, to Miss Nina Carleton, of San Francis. co, Z Lo. aOEN. = ” In Nevada City, Nov. 17, 1880, to J. E, Brown and wife, a daughter, 2 os tt REMOVED. ee LECOCa has removed hig 'po CHOP HOUSE To Broad Street, Below the National, NEVADA CITY. MEARS GOTTEN UP ON SHORT NOTICE AND IN ANY STYE DESIBED, FROM 25 Cents Ep. ha lf you wait #tioed Meal, go to : nls “LECOCQ'S.eS NEW YORK LIFE INSURANCE COMPANY, (Incorporated 1845.) Assets, all Cash,:.-.. $40,000,000 Antuual Incomc... 8,000,000 Surplas ...00. vesee 75000,000 ee Local Board for Nevada City. Hon. Niles Searls, R. M. Hunt, M. D., Hen. John Caldwell, Hon. A. €.— Niles, H. 8S. Welch, M. D. NILES SEARLS, President, R. M. BUNT, Vice President. W. D. VINTON, Secretary and Agent. R. M, RENT, i. D. and WW. S. WELCH, M. D., Medical Examiners Ex-Governor Fre@’k F,. LOW, Presi~ dent ef Local Board in San Fran cisco. LL FORMS OF LIFE INSURANCE Policies issued. This Company has been established in Cal-. ifornis for 20 years, and has never coftested a single claim. The Interest on Investments have paid all death claims for the last five years. This is the only Company that had more income in 1878 than in 1878, while all the other Companies decreased. = —__ Examine the New Tontine Investment Insurnnce. [Extract from a letter of Hon. F. F, Low.) I certify that I have taken outa ‘“Tontine” icy in the New York bife Institance Co. or $20,000; that I regepe it_as the best and fairest soa of hfe indurance, trd that the pence es embodied in the new plan, afters careful examination, Have retmoved the obpop Thave kéretofore entertained against ife Insurance.“ have steadily declined to insure until the ‘’'Tontine” plan was presented te me, Yours very truly, Fr F. LOW. It provides fer one’s family at or‘inars life rates, and the money returned with ia~ ° terest on arriving ata certain age. It offers advantages FAR IN EXCES83 of bx por realised Bsr the investment equal amountsin Savings Banks or Come fute Stocks offering ta securitx. . All_of the above-named members ef the Board have insured on this pian for $10,000 EACH, Which is enough guarantee as to its. mer i Applications and Information. can be had from any of the above members, er from the: 7 @ bees oe E PEARD CONSOLIDATED MINING Company will receive sealed bids up 6 oelock, P: M., on Saturday, November 20, 1880, For excavating a tunne} of 100 feet, mere or less, from the present terminus ef the. lower tuuncl in Merrimack ravine t the . foot or inner wall of the main quartz “3 The Company to let a contrvct to the lowest responsible bidder, but reserve the right to reject any and al) bids: ‘ fications given at the office of the Secretary. = i nee D. E. MORGAN, Secy: ; A number « * down on the* North Bloomfi “which prevaile The Free Lai ‘evets in the Bi ed out the vthe ‘tendent Carter Mee First piece of _~ picked up Was Forest fires 3 day night in th Hill and Blue * ~ turned out and ___.At_last accour There is cons ; ‘peaceable pup torn at the pub boys. The par ‘ed youngsters 3 , ‘tience with seems, and dew script publish of the wrecker: — \amind te expose nnn Tae Welintervies yesterday im re ‘ties of a stertn. he swears by B che is, then we { two weeks, but cout. He asset not read or writ the Almanac th times in the month-of Decez occurs, and it h Christepher Ce discovered Ame cessantly fromfrom night till; thirty days, an and forty night: highly @élighte: nouncement, as] great fey to all . porations as we’ whe rely upon their little clain to have the mo » ever known in t Fince it is a fore Garfield is elect will have plenty; ~The followm; ed on. Tuesda Evangeline Cha E. Williams, M H. G, Naffziger well, Treas, > M. C, A. Dean, Co A, Turner, Adal G. Brobeck, E Martha; N. Cha Hunter, Warde: tinel, After th tiring Matron, presented with . el,after which t itors of Aurora the Union Hot was partaken o > Wort Several chunk shape in which . washed out wer izeus Bank Mo Hegarty of Moo imens varied j each down, Nanos is ov: friend, Auction Sale . there will be a ®igourney’s old street. All kin fancy goods will est bidder. me to attend the 82) nity for bargains &7Go to the Hotel, “8, A. Nanos curesn Desa, j ae . Destrable Pr Three acres ¢ Under cultivatio niles from town, lroad. Well house, outbuildi Pply to G. G. ] mith’s store, Cc Nevada City, .

cs The Daily Transcript. WEVADA CITY, CALIFORNIA. a Thursidy. November 18, 1880.) sneer maa renee Two Great Mines: ‘ -At the recent half-yearly meeting ‘of the stockholders of theSierra Buttes Mining Company in London, the Secretary made a report of the fifancial affairs of the, company, to the effect that the net profits of the half, year ending June 30, 1880, ainounted to . $32,593, . and 7 that there was a balance from the previdus accounts of $48,335, making total available $30,939, and about . $1,939, that had been applied. toSte —production_of property and water rights, A dividen{ of one dollar a are was then declared, aggregatng $30,625, The September product. was $23,229, working expenses $17,831, outlay for shipments $974. At the last meeting of the stockholders of the Plumas Eureka Mining Company, (whose affairs ate under the same management as those of the Sierra Buttes) in London, the Secretary made a report of the financial affairs of the company te the effect that there were in the” treasto be paid for a debt on Mohawk mill, leaving a balance of $167,895, A dividend was then declared of three shilliags per share, aggregating $105, 435ileaving $62,430 in treasury. 36,636 tons of ore were handled during the ha'f year, at an average cost of 2.654 per ton; milling cost being 70} cents per ton. a A Rising Printer. Hon. Henry Duffy of Virginia City was at the last election elevated to the Assembly of tho State of Nevada by the Democrats of the Comstock. Only a fewyears have eapsed since this same individual was ‘‘devil” in tke TRANscniPY offibe, where helearn—ed-the art preseryative;In the earlier days of his eareer he displayed uncommon energy,’ quickness and application, and: the constant calti vation of those qualities ever: since have succeeded in lifting him out of the obacure condition’ that surround _all/printers’ 'firentides for a time. “cDheré! iabut ‘one ‘ciroumstanee in’ Henry’s career that we can’t quite become reconeiled toy: That heshoutd' after graduating.from this hat-bed of Republicatiam travsfer his affections to the Demogracy is the only thing wewould chidehim for But, perhaps after all itis, be thus,— His presence in that party may enable him to correct some of the eyils of it that he could not reach from the, outside. At guy rate, herdis adiape from the ‘Transcairg thet he may continue to merit promotion. ia the future as he hasiin the past. ' The Grass Valley Union says if there are any dividend—paying mines in this districtjthe: owners “haze js good way of keeping stich facts from the public. That's just what we have been gtowling about. We eould, name a number of good+diVidend pay" . ers, and we should de so'did we not fear bejng , sealped, The mines around here are owned by private individuals, and, aa they say, ‘so long as they pay their, bills itis no, one’s business what they make ur “lose. ‘They are right on that proposition, but yet the distries, suffers, ‘because the success of the companies are known only in a general way. There is wot & stook company in this township, and therefore figures eannot be had, Do yer pe, Mr, Ubidy?)rl ‘Truckee Republican Notes. . ~ Sixty Chinahen left shere in the past two days:—<Phey go ‘under contract with Sisson, Wallace & Co. for work on the Southern Pacific _Tailroad, . a7 Snel e One of the charms of a residence at this altitude is the privilege of skating on smooth, transparent ice, Just now it is delightful. The pond near town is covered with ice three inches thick, and old as. well as Young America are—esjoyiag the . Business to their utmost. Constable Janies Reed went Saturday to Auburn with the’ intention of arresting and bringing some <Jainamen to Truekee, but while he was there he wassentenc«l to five days in the county jail fer con~ tempt of court, --<-Navos strengthess the nerves. . ——— — qe a 1 Vee ary to. carry 4 weapon when travelLhia pooket, “He did not attempt to ‘THE SMITH TRIAL. Mr. SsSigourncy Carried Deadly Wenpons—The Prisoner on the Witness Stand—He'Says We Killed Sigourtey im Self Defense, The case of George W. Smith is progressing as rapidly as could be ‘expected, considering the number of w itnesses to be examined, and the scope of the testimony. . Itis expected the case will go to the jury tomorrow. Owing to the fact that the TRANSeRIPT.gives each morning a full synopsis of-the.previous day’s testimony, the Court room is not so well filled with spectators as is. common when matters of equal importance @re up for consideration. As te the deposition of R. M. Fryer the Judge at the opening of the Court yesterday morning ordered those portions in reference te the opiniors and impressions of the deponent be excluded, as moved by counsel for the prosecution, The defence excepted to the ruling on the grounds that the opinions and the impres~ sions gathered by.the witness were proper testimony. J. J. Ott aworn.—Reside at Nevada City. Aman assayer. Knew Sigourney about 24 years. We lived together at-times about 22 yéars ago. Never saw him carry weapons. Was before his death. Had no conversa‘tion with him in felati6n to carrying arms. About six years ago he came in from Nutter’s and lid a_ pistol down in my office. I did not say to any petson thatja week or two before Sigourney’s death 1 saw a pistol on him and he never told me he always carried one; : Cross-examined.—It was customing in those days, ~M. B, B. Potter.—Reside atNe— vada City. Am a school teacher, — Knew Sigourney since 1865. Saw him have a deadly Weapon in 1871. Hehad been in. the Gazette office. Was during a political excitement. I thought he wanted a quarrel--with. me, as we differed on political matters. Fifteen minutes after a man in the Union Hotel, who was disgracefully abusing him in my presenée,.sdid, “‘You have drawn your ‘Now, damn you, shoot if you dare.” I saw a pivtel‘in Sigourney’s possession then. ‘Have known Smith several years, His reputation has been good. . ” Cross-examined.—Sigourney _ always became much excited, during political eampaigns, He took a great deal of interest im that campaign.— He owned stock.in the Gazett®qgaw . The Defense Endeavor to Prove that . delivered to Sigqurney if the mines deceased nd myself had no trouble. The parties that botded the mine had agreed to settle the mortgage, and they told me to put ‘np machinery and work the mine, Niles Searts.—Recollect of a bond being drawn of the Halt Mile House property. ThinkI drew #. Do not know where itis. Judge it was delivered to the party to whom it was made. Have known Smith 18 years more Or less. His _Teputation in this community has been tconsidered good. : Geo. W. Smith recalled.—Upon the failure of Amron & Co, I enterThe amount to be paid. to me was $30,000. Prior tothe discovery of Fryer was to all ghis rise him by Millsand me, f pay him$10,600. During time I relied on Sigourney’s event. Before going to Napa as a witness, immediately prior to the shooting, I told Mills I had written to Mr. Dibble to tome up and attend a-wreeting to effect a. settlement. Before that I had also telegraphed liita to the same effect. I sent for Judge Dibble because he was Sigourney’s friend and attorney. Judge Hupp had also said he would do all that he possibly could.— On my return from Napa Mills told. me at: his stable no arrangements had.been made yet. / I then went to Gaylord’s store and started for Blue Tent. Opposite the Catholic church Under Sheriff Carter served a summoms on me. I came back, and leaving a bundle I had at Gaylord’s store went to Milla’ stable. I had -edinto an_agfeement_with Fryer and others to develop the mine. This wasin 1878: Mn Fryer has the agreement we made. I do not know that it is of ‘record. Fryer) and Company were to settle with the first parties who’ bonded it for the expente they had been to, to pay Sigéurney, to_pay. me $4,000, and to give me stock fot one-fourth of the incorporation that was form— led. Afterwards the Smith Gold Mining Co, made a deed to Sigourney and an agreement was drawn with Sigourney, {at first objected to signiag the deed, but Sigourney agreed if Fryer failed to raise cerits proceeds withme. The fromi® was never put in writing. Judge Hupp remarked it better be pnt in writing, but J said to wait till we saw whatjFryer would do. Fryer failed tokeep his agreement with Sigourney. ‘There was a deed tobe Fryer failed. Sigourney treated the deed as absolute, and I Rased the property to Wm, Eddy, by Sigourney’s consent, at $50-a month, till a certain number-ef boarders were obtained, then $75 a month. With my family I moved into-the lumber office. I received portion of the first month’s rent, amd got about two month’s rent altogether, After that therent was te be turned over to Sig— ourney per agreement to improve the place. . E-had conversations with Sigourney tryingto get him toe reduce our agreements to writing. I pistol,” of something Whe that, and{secured-the serti¢os of Dibble, Hupp . and Mills in trying to settlefmatters. George S. Hupp, Hsq.,was Sigourney’s lawyer. My family still reside in the lumber office. . Had personal meetings with Sigourney that were unpleasant before the making of the deed, and after that. they were pleasant till the present ditliculty. The first unpleasant meeting was at my housein 1876 or weapon in his hand then; outs aseit. The man he was .quarreli with was a gambler named Johnson. He was called '‘Old Mou Johnson.” George W, Smith. Am defendant. in this case. Came.to California in 1852 from Missouri, Resided first near Kempton’s Crossing, Sutter county. In 18631 went to Reese river for a short time. Returned to Sutter county in 1864. In 1867 came to this town. Became interested in Half Mile House property in the latter part of 1871, I think. Have a wife and seven childret; Became interested im the proceeds of the Scott's Flat sawmill property in 1867.. My-business relations with the deceased begaw in 1868, In 1871 Mills became interested with me in the sawmill property. . In 1867 the owners of it got in my debt und deeded it tome. They were also indobt. ed to other parties, In 1868 one of the latter ereditors filed a lien, Myself and others borrowed $6,000 from Sigourney and raised the lien. From the time of the loan till Mills yhecame interested Sigourney. was paid over. $6,000, bat. the ‘ principal remained $6,000,, Wedrew up an agreement, waiving limitation of the note. avd reducing the interest from ‘2 per cent. ® month compounded quarterly to 14 per cent. compounded quarterly. . The property’ was then worth about $14,000. In 1873 we gave Anew note for $9,000 with additional security (Mills’ stable and Halt mile Howse property)and interest reducgd to 1} per cent. The Half. Mile House property was then worth $10,000; the stable about $3,000, No mines were known to ex‘ist on the Half Mile House property then, Tacy were discovered in 1876. I proceeded to develop them after their location, Various crushings were taken out. In 1877 I bonded the entire Half Mile property to P. . Amro of San Francisco for $60,000, . 1877. Sigourney and Wm. Watt me there. Sigourney talkedabout urance matters, speaking harshly. There was sickness in my family. I was supposed then to be t the point of death, Watt checked him from talking business further. Had a meeting with Sigourney and Fryer at National Hotel, when we talked of the mino’s affairs. Sigourney had issued an injunction. I told Sigourney ‘lidid it not been for his injunction we would have paid him long ago;, that it looked to mo as though he had rather have the mine than the money. .He said I should not dispute his word and-placed his hand in his hip pocket, and shook his finger in my face. He said he would hold me responsible in person and property for my conduct. Fryer stepped between ue and made him desist. In.the early part of 1878, Judge Dibble, Sigourney and myself met at. the Natiqnal Hotel. I called Sigourney a: liar during the convetsatio#, “He put his hand to hia hip pocket and said 1, should not insult him, I jumped towards him with a hickory eane, when Judge Dibble stopped us, saying he had, not come there to witmess a tragedy, but to settle our differences, Sigourney and myself made friends before we'left, he saying he did not want $? take my property, but would set. tle rightfully. That was our last difI remember\.. We before in front of the National Hotel barber bap, se oan ed away, saying I wanted no difieult He came into the Nationdl-teled, where I went, and re-commenced abusing me. I told him Lwould not have a difticulY with -him for the whole county. esaid he would rather have one than not, and was-always ready for me. Prior to the shoeting I was employed for somé months as watehman at Blue Tent. Since the giving ef the last mortgage, Mills, myself have paid Sigourney over $2,313. Sigourney told me he got the proceeds of two crushings of rock that was to be credited ou what was due ficulty before’ thé hooting, 20 far ag. my-Fevolver with me for the reason I needed it in my business as itight watchman. I wanted Mills to see Sigourney and make arrangements . to prevent my out of doors. He said he would. I walked to the National Hotel, without any idea of meeting the deceased alone. Mills rejoimed me at the hotel, and I told him I had-not seen Sigourney. He went away. I walked into the Post office to deliver a mnessage to Miss Lillie MeBrown, then returned to the bar-room. I lit nfy pipe at the bar. I then walked through the office and out the door to cross to Wellington’s.stable where I spent much leisure time. Aa I stepped out, Sigourney stepped onthe sidewalk, £ spoke to him. He asked when I got. back. I told interests in the property and divide} saiq with a gesture and « laugh he did not call it robbery. I called him. a thief and a robber. He whirled ard saying, ‘‘ you shan’t say that”, put his hand on his pistol pocket. I pulled my pistol and fired. I did not know how many shots I fired till the pistol Was. examined afterwards. The whole thing occurred in an instant and I do not recollect what happetied after the first shot. The only reason I fired on him was be; cause I thought he was going -to hoot me. I believed he was armed because he had before mdde demonstrations that fed me to believe he would shoot me. After the shooting was over I walked up street. The first man I recollect of meeting face to face was George Welch, and I asked him to walk to the Court House with me. AFTERNOON SESSION. Examination of Geo. W. Smith continued. . Cross-examined.—Five of us borrowed $6,000 of Sigourney. Crawford or Hamilton pegotiated the loau. I agreed to it. in T1871 all but Mills and myself were released from the note. Interest in those ‘days-was-high:—¥hat-state—of -busi-— ness affairs was continued for two years. Mr. Mills has managed the business since.}873_ to the present: time: ‘The mill was run two or three years after he took the superintendence. We continued to cut timber in the vicinity of the mill, rendering it less valuable. I became interest— ed in the Scott’s Flat property before the others havingfsome dealings with: the former owners. When we gave Sigourney the mortgage we also assigned a Sheriff's certifieste of sale to him by which he could have taken possession of a portion ofsthe property at the expiration of six months _in.case we failed:to satisfy the mortgage. Onenote was given fordor 6 months, and theotherfor 12." We cut about amillion and half to two million feet of lumbera year up to ty haddeereased we gave* hith additional security. Itraded the Gentry homesteadas part payment for the Half Mile Mouse propefty, ‘paying inall about $7,000 dollars for it. The deféndant desdribed thy Half Mile House property and its. condition, When. he bought the property, and made the mortgage to Sigourney

he said it was very valuable, on account of large numbers of travelers stopping there. The Company's mortgage to Sigourmey was intended to cover all the property that -he purchased from Rich. The value was reduced by the stoppage of the mill.. The railroad coming.in also reduced his patronage. Up to. the time he-leased-the-house there Was no time it did not pay expenses. His family moved into the cabin voler A man nanied Sprang and family lived injthe cabin about a year, aying about'$6 a month for it. Deendant leased the main house by Sigourney’s consent. . There was nothing oppressive on Sigourney’s part in this transaqtion. Si ey was to take thé rent to make irs on the place'with, after a talk ‘between him and defendant in September 1879. Sigourney had not received anything from the Scott's Flat roperty, 80 far as. defendant knew. he brick stable is worth $3,000. or $4,000. At the time of foreclosure there was due to Sigourney, less a small amount, Me ! The judgment on record, Which contains an error is $24,040.75. 4qnine, saying it wasaquestiop among lawyers us to whether the ee would cover it. Some of the Haif Mile House preperty was fenced when Sigourney toak possesssion of it. A portion of the fences and sheds were usedfor fuel by the miningcompany. The house was repaired throughout by Sigourney. Defendant received some money from the mine in 1877. Before the new company took pessessin of the mine, he took out in two months some $4,000, afl of which and more was paid for work. y hen he gave the property up, that he would protect me at any family being-turned ities but ‘him, 1876, andas the value of the rr : Defendant, related the history of the. Smith . passengers from that place, started y a enotgh had been taken out to pay nearly all the indebtedness. Tho mine did not pay expenses while the new company had it. No assessttents were levied. About 200 toms were orushed. to a dozen men were employed. It was badly managed, Sigourney got about $900 from 100 tons after paying for hauling and crushing. The Company owed a great deal when it quit. Sigourney was in a position to foreclose and get all the property.— Defendant deeded it to Minister, and Minister to the Company. This was in August, 1878. Sigourney made propositions to’ settle the matter.— ney and the Smith G. M. Co., together with a deed from the latter to the former, were identified by the witness. If the Company did not pay deceased $10,600 at the expira~ tion of a certain time he was to. come into full possession of the Half Mule House property without the costs at-. tendant on a sale. If the money was paid, the mortgage on.all the securto be released. None of this $10,600 wags to come out of witness’ interest. Up to this time there had been no trouble to shake confidence fin deceased, who proposed to divide the property with defendant if he got it. He would furnish machinet'y, abd after taking out jwhat was due him was to divide the net prooeeds. Their relations were friendly after that, up totheday of the shooting. Were good friends in. the meantime. Witness found somefault about the deceased taking the rent, the. latter khowing the former's family had nothing else to dependon while: the ton Territory. ‘‘In the letter where IsaidI would die before allowing certain things to be done, I referred to my family being deprived of meatis of livelihadd. As to my say-— ing ‘'l would die,” etc., I spoke as men-often speak without meaning what they say. Sigourneyand I were on good termsthen. I do not know that Hddy .went to Sigourney with complaints about my turning cattle into the property. Judge Hupp told me Eddy comp'ained of my cow being in the barn. Eddy and I talked over the matter. He said he wanted all the room. He threw my daughter’s furniture out} of the granary. I then wrote a letter saying I would protect my rights. I built a shed for the cow. I did not get mad when the papers were serv— ed on me or while I was looking for Sigourney. Iwent there intending to-meet Mills-and_ settle matters amieably, te rob me, are you,” when he laughed and said he did not call it that, andthat made me Very mad, so I called himthe names. He whirled‘ and put his hand on his pocket, and said [should not call him that. I then drew and fired immediately.— My pistol stuck out of my pocket, and I got hold of itreadily. I fired}. at him because I believed my life was endangered. I'think. Welch or Kitts was the first man I -spoke to after the shooting. ber speaking to Ferguson. I do not think I told him I shot Sigourney because he tried to rob me. Had I recognized Fereuson and answered I think 1 would have told him that I did it. in; self-defense. I do @ know that I said anything to im. +5 o'clock 1 m., while the defendant was still on the stand, Court adjourned till 10 o'clock this morping. Au Absurd Story. _ Because the Transcrret published, a few days ago, an account of a contemplated railroad being built Juan, some malicious persons, unknown to us, are asserting that we are advocating the project. The statement is false, and no person who has read the articles will for a moment assert that we favor anything of the kind. The charge is made out of whole eloth, . ~~ += — Dodged the Authorities. Harry Fowler, who not long since served out a term in the County Jail at this city, having been sent down from Truckee on a minor charge, escaped from the Genoa (Nev.) jail last Taesday, having recently been placed there to await trial-on a charge of murdering Christopher Hall of Jack Valley, Nevada. It id thought ‘he is hiding somewhere in this section. Broke An Axic. _Day befdte yesterday a driver in the employe of John Scott of Forest City, who hag en the day previous brought down a stage load of home. After proceeding five miles . on the return trip an axle of the vehicle broke,and he wag obliged to . put back to this city and have the damage repaired. . Fresh Candies Twenty-five cents a pound at Bowerman’s, next door to Union Hotel. Nevada City, Noy. 17-lw To tie up real estate, it must be first recorded,‘ e three . Several ag between Sigour. é thesaw_mill and stable was . ness with that of your _evident jn— I said ‘‘so you are goilg }. 4 I do not remnemj. between Grass Valley’and North San. . —¥ The Hi Cupitan Company's Finance,, Ren Curr, Co1o., Nov, 10, 1880, Ebrtor Transcrirt.—In your j,. sue of October 20th you assert that {itis claimed by certain parties} some irregularity exists as to past disbursements of the finances of th. Bl Capitan mine. Having been As_ sistant Treasurer of the Company from its inception tintil the--miy. was shut down, I deny the truth of the'statement. I expended honest_ ly and accounted properly and fully to the"home office of ‘said Company for every dollar.sunplied me by them and in fact devoted from my salary over $300 in paying bills for the Company, who are yetowinz me the same. I court investigation of my acts ay accounts while in charze of the mine, as well as 4 gpmparison oi my reedrd for honesty and trathfal_ formant, Mr. Francis Burns. Please give the same publicityto ‘this de nial you did to the uncalled for anti “untruthful statement referredto and oblige, Respectfiilly Yours, : A. C, Bross, or ie seein ————— MARRIED, sities ot ———+ In San Fratciseo, Noy. 14, 1880, by Rey Dr. H. Turnor, William Scott. of Nevada City, to Miss Nina Carleton, of San Francis. co, Z Lo. aOEN. = ” In Nevada City, Nov. 17, 1880, to J. E, Brown and wife, a daughter, 2 os tt REMOVED. ee LECOCa has removed hig 'po CHOP HOUSE To Broad Street, Below the National, NEVADA CITY. MEARS GOTTEN UP ON SHORT NOTICE AND IN ANY STYE DESIBED, FROM 25 Cents Ep. ha lf you wait #tioed Meal, go to : nls “LECOCQ'S.eS NEW YORK LIFE INSURANCE COMPANY, (Incorporated 1845.) Assets, all Cash,:..-... $40,000,000 Antuual Incomc..... 8,000,000 Surplas ......00. vesee 75000,000 ee Local Board for Nevada City. Hon. Niles Searls, R. M. Hunt, M. D., Hen. John Caldwell, Hon. A. €.— Niles, H. 8S. Welch, M. D. NILES SEARLS, President, R. M. BUNT, Vice President. W. D. VINTON, Secretary and Agent. R. M, RENT, i. D. and WW. S. WELCH, M. D., Medical Examiners Ex-Governor Fre@’k F,. LOW, Presi~ dent ef Local Board in San Fran cisco. LL FORMS OF LIFE INSURANCE Policies issued. This Company has been established in Cal-. ifornis for 20 years, and has never coftested a single claim. The Interest on Investments have paid all death claims for the last five years. This is the only Company that had more income in 1878 than in 1878, while all the other Companies decreased. = —__ Examine the New Tontine Investment Insurnnce. [Extract from a letter of Hon. F. F, Low.) I certify that I have taken outa ‘“Tontine” icy in the New York bife Institance Co. or $20,000; that I regepe it_as the best and fairest soa of hfe indurance, trd that the pence es embodied in the new plan, afters careful examination, Have retmoved the obpop Thave kéretofore entertained against ife Insurance.“ have steadily declined to insure until the ‘’'Tontine” plan was presented te me, Yours very truly, Fr F. LOW. It provides fer one’s family at or‘inars life rates, and the money returned with ia~ ° terest on arriving ata certain age. It offers advantages FAR IN EXCES83 of bx por realised Bsr the investment equal amountsin Savings Banks or Come fute Stocks offering ta securitx. . All_of the above-named members ef the Board have insured on this pian for $10,000 EACH, Which is enough guarantee as to its. mer i Applications and Information. can be had from any of the above members, er from the: 7 @ bees oe E PEARD CONSOLIDATED MINING Company will receive sealed bids up 6 oelock, P: M., on Saturday, November 20, 1880, For excavating a tunne} of 100 feet, mere or less, from the present terminus ef the. lower tuuncl in Merrimack ravine t the . foot or inner wall of the main quartz “3 The Company to let a contrvct to the lowest responsible bidder, but reserve the right to reject any and al) bids: ‘ fications given at the office of the Secretary. = i nee D. E. MORGAN, Secy: ; A number « * down on the* North Bloomfi “which prevaile The Free Lai ‘evets in the Bi ed out the vthe ‘tendent Carter Mee First piece of _~ picked up Was Forest fires 3 day night in th Hill and Blue * ~ turned out and ___.At_last accour There is cons ; ‘peaceable pup torn at the pub boys. The par ‘ed youngsters 3 , ‘tience with seems, and dew script publish of the wrecker: — \amind te expose nnn Tae Welintervies yesterday im re ‘ties of a stertn. he swears by B che is, then we { two weeks, but cout. He asset not read or writ the Almanac th times in the month-of Decez occurs, and it h Christepher Ce discovered Ame cessantly fromfrom night till; thirty days, an and forty night: highly @élighte: nouncement, as] great fey to all . porations as we’ whe rely upon their little clain to have the mo » ever known in t Fince it is a fore Garfield is elect will have plenty; ~The followm; ed on. Tuesda Evangeline Cha E. Williams, M H. G, Naffziger well, Treas, > M. C, A. Dean, Co A, Turner, Adal G. Brobeck, E Martha; N. Cha Hunter, Warde: tinel, After th tiring Matron, presented with . el,after which t itors of Aurora the Union Hot was partaken o > Wort Several chunk shape in which . washed out wer izeus Bank Mo Hegarty of Moo imens varied j each down, Nanos is ov: friend, Auction Sale . there will be a ®igourney’s old street. All kin fancy goods will est bidder. me to attend the 82) nity for bargains &7Go to the Hotel, “8, A. Nanos curesn Desa, j ae . Destrable Pr Three acres ¢ Under cultivatio niles from town, lroad. Well house, outbuildi Pply to G. G. ] mith’s store, Cc Nevada City, .