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Collection: Newspapers > Nevada County Nugget

September 27, 1972 (12 pages)

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The Nevada County Nugget Wednesday, Sept. 27, 1972 7 . . . . . vaca Count lin 1924 —/, ~ ty 4 (‘S by . nde, 4 40s ag i sat? Vos ve / fe JzA a hisald TZ % Me. Ve : "a — courage, but some haste, retreat from said building. And defendants show that the weapons and munitions of war owned ‘by these defendants, and in said building, would have been utterly lost and destroved but for the exertions of a certain courageous individual, P. Mushaway, Esq., said Mushaway removing, at the peril of his life, liberty and the pursuit of happiness, the m=nitions of war and commissary stores therefrom, said Mushaway being hereby referred to by these defendants as Exhibit E, and made part of this answer. Said defendants further refer to Nos. 1 and 2 of Exhibit E, as more fully explaining the condition of said premises, the whole thereof being hereby made part of this answer. And defendants show that, in consequence of the condition of said premises, these defendants have suffered loss and injury in the sum and to the amount of seven thousand four hundred and thirty-eight dollars and eighty-one cents, in manner and form following, to wit: These defendants show that during the year 1858, the Indians upon the frontiers of California, and in the neighboring State of Oregon, did proceed to kill and massacre the white population then and there living, See Senator Gwri's ‘+2; to Mr. Buchanan, hereby referred to and made part of this answer, And these defendants show that had said defendants been sufficiently trained {1 :we art uit iv aes of wo, .1ese defendants would have been employed by the Government to exterminate said Indians. And said defendants show that they are informed and verily believe that had they taken the field, said Indians would now be extinct and wiped out, and that the feats of horrid war performed by these d2fendiuss v.:'l ‘re redounded to their glory and the national honor, in the sum above set forth. And defendants refer this Court to Exhibit F, as more fully illustrating the intentions of these defendants, said exhibit being made part of this answer. But defendants show that, upon account of the ruinous condition of said building, defendants were not trained; and not being trained, were not taken; and not being taken, did not perform those feats; whereby they have suffered loss and injury in the sum wlio ‘is 2mount above named, And defendants finally answering, deny that they are or any of them are indebted to said plaintiff in the sum set forth, or in any sum whatever. And they further say that said building was in a ruinous condition, unfir for occupancy, at the times sued upon by said palintiff; wherefore they pray to be dismissed with costs and money disbursements. Henry Knerr, Attorney for Defendants, To the answer were attached ludicrous illustrations of the points made by the document, drawn on yellow paper and marked Exhibits A to F. The exhibits were severally as follows: Exhibit A represents Flurshutz being ejected at the toe of Lones' boot and is endorsed "Foreclosure of Mortgage, Lones vs. Flurshutz." Exhibit B represents Lones employing blandishments to indus "ye valiant warriors" to accept a lease which he holds in his hand, and is endorsed ''Non attornment." Exhibit C, No, 1, represents Madame Clark confronting the gorgeously arrayed militia boys; while No. 2 shows the doughty warriors in full retreat, the valiant King of Pungo descending head foremost from a window, shrieking, "Make way for 70.1" commanding officer,"' the whole being endorsed "Dancing School, or the relation of Madame Clark vs, the Nevada Rifles." Exhibit D represents the building in the last stages of dissolution, with the sign "Look out for falling bricks" and is endorsed "Condition of the building — wall falling — Gregory & Sparks removing the 'munitions of war' with a long pole from the second-story window — rats.and ‘other insects’ decamping in haste." Exhibit E, No. 1, apicture of the building, cracked and broken, propped up on all sides, is endorsed "Appearance of the building at the close of the term of the Rifles’ lease." No. 2 shows a Chinaman in full possession of the few bricks that remain standing. Exhibit F, representing the prospective field of combat, where the invincible Rifles are exterminating poor Lo, root and branch, (Continued next week)