The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-07-29
LIBEL.
The Trial Of the "Silver Reef
Miner" on a Charge Of Libeling
the Christy Company.

The Trial Of the "Silver Rec
Miner" on a Charge of Llbeling
the Ghristy Company.
The Case in Progress-A Synopsis
of the Examination.
BEAVER, JULY Goth, 1880.
Editors Herald:
THE FIRST DAY.
The case of the People Us. John W.
and Edward Pike, came on for trial
in the Second District Court h g
morning. The Pike brothers are
editors OF a newspaper called the
Silver Reef Miner, published 8! Silver
Reef, Utah, end from the evidence so
far elected it appears that on 3lst
day of March last, an article appeared
in said paper. giving the editors
theory OF the geological structure of
that part Of the esrth's crust in which
are situated the many valuable
mines OF Silver Reef, including the
properties OF the Christy Mill and
Mining Company. It also appears
that one Henry 5. Lubbock, is part
owner aud superintendent OF the
company's mines, and that at the
date of publication be wss in New
York City engaged in az effort to sell
the whole OF the compsny's mining
property for the sum OF 1920. 600, and
that durins the Absence of Lubbock,
the superintendent of the property
devolved upon one Gibson Clsrk-an
embryo decipie of B ackstone, and
secretary of Lubbock and the Christy
Company; that on the appearance
of the publication CLARK tele.
graphed q synopsis of its con-
sents to Lubbock, who, upon
receipt thereof, instructed Clark to
cause the ARE of the Pike brothers;
that in pursuance of said instructions
Clark Immediately lodged complaint
before Justice Paddock, charging
them with libel upon the character of
Lubbock. They were arrested and
after preliminary examination we're
held to bail in the sum of 81, 900. Ut
IS a significant fact that the same
justice a short time later admitted a
person charged with, and since in
dicted for, the crime OF murder, to
bail in the sum OF 81, 000.)
Although the Indictment ia in the
name of the People, it appears that
the prosecution in the justices court
was conducted by attorneys employed
by the Christy company, and that
Judge VanZlle Is now being assisted
by Judge Tlliord and Gibson CLARK,
at the expense of the company.
Thus far two witnesses, Lubbock
and Clark, have been partially
examined. Clark testified to having
read the article and that he regarded
it, as detrimental to the interests of
tue Christy Company; that he had
conversed with John W. Pike relative
10 IT. effect or bearing. and Lad told
him that he (PIke) was tsking
a great deal upon himself to
advance a theory, which WAS
in direct conflict with the theories
and opinions of some of the best ex-
perts who had visited The camp, as
well az that of many OF the most in
telligent and experienced miners of
the district. He deuied having paid |
Justice Paddock the sum of 5000 in |
gold or asy other SUM Of money for
the purpose of influencing bis action |
in the preliminary hearing OF the |
case, but admilte1 having given an
'open order" to George Miller. p,o
prietor Of saloon Kept next door to
the courtroom, to furnish liquors and !
cigars to anyone calling for the same
during the examination, and that !
the bill OF cost for drinks. etc.. had,
on said order, amounted to $145, |
which sum was paid by the Christy |
Mining Company. He also admitted |
having requested John w. Pike to |
make favorable mention of the |
Cbristy Companies mines during the |
months OF January and February;
that he had requested him to publish |
"a hypothetical visit" through the !
compsny's mines, meaning thereby |
that he should publish a fictitious or
Whist might be considered a false |
statement of the condition and value
of the property. which Pike refused |
to do.
Lubbock testified tia. he had teen |
of the company's |
ill 4, ~ ,,,;~aa ei,oa Jts ,r1a pIz1fiOp
about three years ago. Was 10 New
York at the date OF publicstion and |
received from Clark q synopsis OF the |
article complained Of, and had d.
rected the arrest and prosecution of
the Pike brothers. On being asked |
whether he regarded the article as
libel upon his character, he replied
that he did not know the meaning of
that, but had come to court for the
purpose of finding out whether the
article was libel1Gs or not. In an
swer to the question whether he no Id
knowingly sell mine for n,ore tUau
its value, lie replied, with mucn
emphasis, that he would "sell g mine
for the last dollar he could get"
He was part owner OF the Cbristy
C0mpany's property, which consists
of a 5 stamp mill and seventeen
mines, nearly all OF which were of
great value; that the mil had been
in operation about two apd one-halt
years; didn't know whether he had
ever received any dividend or not.
This case is of special interest to
newspapers, and will doubtless de-
velop some novel features in its pre-
Rress, prominent among which seems
to be whether it is lawful for al
editor to give expression to his views
regarding the order of creation, as
applied to silver veins 10 a sandstone
form alton.