carried into a chimney-stack, where it condensed and flowed back into a reservoir, and then was led in pipes into another kettle outside. After witnessing this process, we visited the mine itself, which outcropped near the apex of the hill, about a thousand feet above the furnaces. We found wagons hauling the mineral down the hill and returning empty, and in the mines quite a number of Sonora miners were blasting and driving for the beautiful ore (cinnabar). It was then, and is now, a most valuable mine. The adit of the mine was at the apex of the hill, which drooped off to the north. We rode along this hill, and saw where many openings had been begun, but these, proving of little or no value, had been abandoned. Three miles beyond, on the west face of the hill, we came to the opening of the “Larkin Company.” There was evidence of a good deal of work, but the mine itself was filled up by what seemed a land-slide. The question involved in the lawsuit before the alcalde at San José was, first, whether the mine was or was not on the land belonging to the New Almaden property; and, next, whether the company had complied with all the conditions of the mining laws of Mexico, which were construed to be still in force in California.
These laws required that any one who discovered a valuable mine on private land should first file with the alcalde, or judge of the district, a notice and claim for the benefits of such discovery; then the mine was to be opened and followed for a distance of at least one hundred freet within a specified time, and the claimants must take out samples of the mineral and deposit the same with the alcalde, who was then required to inspect personally the mine, to see that it fulfilled all the conditions of the law, before he could give a written title. In this case the alcalde had been to the mine and had possession of samples of the ore; but, as the mouth of the mine was closed up, as alleged, from the act of God, by a land-slide, it was contended by Ricord and his associates that it was competent to prove by good witnesses that the mine had been opened into the hill one hundred feet, and that, by no negligence of theirs, it had caved in. It was generally understood that Robert J. Walker, United
