“For and in consideration of $10 to me in hand paid, and for the further consideration of ten thousand nine hundred and ninety dollars to be paid by James Walsh, according to the provisions and terms of an obligation executed by him to me this day,[day,] I have bargained and sold,” etc.
The description of the property sold is as follows:
“One undivided one-sixth part of 1400 feet, said 1400 feet being now worked by myself, Penrod, Osborne, McLaughlin, Riley, and other owners, and known as Comstock & Co.’s claims, and owned jointly by myself, James Cary and others our associates; also, one undivided half of 200 feet of mining ground being worked by the California Company at the present time under an agreement made with me; also, all my right,[right,] title, and interest in and to certain mining claims at Six-mile Cañon diggings, being the claims known as the Caldwell claims; also, one-half the water-right known as the Caldwell Springs, situated on the hill above the said village of Ophir, and being the springs supplying the workings on the first-mentioned 1,400 feet—the present owners in said 1,400 feet being only entitled to the use of said water so long as they continue to be owners; also my recorded title, to a ranche on which the aforesaid village of Ophir is located, together with the springs on the lower part of said ranche. Also, the surface-diggings on the first-mentioned 1,400 feet and one-sixth of all improvements, animals, arastras, and all other property belonging to the company working the first-mentioned 1,400 feet.”
If Comstock had a ranche recorded which covered the site of Virginia City, the page containing such record must have been one in the old book of records of Gold Hill district. At first all claims located in Virginia district were recorded at Gold Hill.
September 23, 1859, Pat McLaughlin, one of the discoverers of the silver, sold his interest, one-sixth, in the Ophir mine for $3,500. Peter O’Riley, the other original discoverer, held on to his interest in the mine longer than any of the original locators, and received for it about $40,000, with back dividends amounting to four or five thousand dollars. Osborne received $7,000 for his ground.
V. A. Houseworth, the recorder at Gold Hill, who had trade for one-fourth of one-sixth interest in the mine, sold that interest to Judge Walsh, in September, 1859, for $3,000. All of these men supposed at the time that they were obtaining a big price for their interests in the mine. They knew nothing about silver-mines and feared that the deposit discovered might suddenly “peter” out.
November 30, 1859, E. Penrod sold to Gabriel Maldarnardo, a Mexican miner, his interest in the 100 feet of ground segregated to himself and Comstock, at the time the Ophir mine was located. The deed given on this occasion is quite a curiosity.[curiosity.] It shows that the legal genius who drew it up was determined to corral all that was in sight in the way of “tenements, hereditaments” and “appurtenances.” It reads:
“For and in consideration of $3,000, to him in hand paid, this day, E. Penrod has remised, released, and quit-claimed, and by these presents do remise, release and quitclaim unto said party of the second part and his heirs and assigns forever, all his right, title, and interest in and to the undivided one-half of one hundred feet of a certain Quartz Lead known as the reserved claim of Comstock, Penrod, & Co., on the original location of the said company at Virginia City, near the head of Six-mile Cañon, in Virginia Mining District, said Territory of Utah, said claim known as the Spanish claim, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, dues, and profits thereof. And, also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of said party of the first part, of, in, or to the above-described premises, and every part and parcel thereof, with the appurtences[appurtences], to have and to hold, all and singular the above-mentioned and described premises, together with the appurtenances, unto the said party of the second part, to his heirs and assigns forever.”
This tremendous document held the property, and Maldarnardo soon after coming into possession of it, erected two small smelting-furnaces and began working the ore of the mine after the Mexican fashion.
The furnaces would hold but about fifty pounds of ore each, yet he managed to melt out a considerable amount of bullion—gold and silver mingled. The bullion, as it came from the furnace, was worth about $2.25 per ounce. The blast for the furnace was furnished by means of a common blacksmith’s bellows. It was a slow process, and was soon abandoned, though quite a number of cakes of bullion of considerable value were shipped to San Francisco during the time the furnaces were in operation.