The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-18
THE BLUE JAY CASE.
Plaintiffs Evidence Continued
and the Whole Day Occupied.
Story of scrapping Match Between Kinney
and Groves on Account of a Charge
of Fraud.

With the coming of the bright and inYig
Grating morn which dawned yesterday,
all nature seemed to be in tune. When the
hour came for the resumption of work in the
Second district mill of justice, one bird
flew down from his limb and spent the
whole day in listening to what men had to
say OF his value, good looks and the vari
GUS attempts that were made to misrepre-
sent his true condition and prospect. There
was unexpected silence during the entire
morning, in that no one Jared the pro-
prietles of the place, except when the very
remembering witness thought to ''cuss'
little. This discord was promptly attuned
and the case went on with few coggs slip
ping. At the close of the previous day the
plalntlH, Woods, had completed his direct
testimony and on behalf of the defence Mr..
Henderson took up the cross-eXamination.
The matter of the execution and presen
tatlon OF the notes given for the purchase
OF the Blue Jay mine and the mortgage Sc
curing same were reviewed, the location
and relocation of the properties to cut out
absent and noncontributing owners and the
rights OF the several last locators Explained.
The settlement of a long standing account
between Woods and mis- partner Morrissey
was brought out showing that the arrange
ment for the sale to the purchasing COM
pany, whereby the latter got $4,000 shares
of stock, was in lieu of al claims against
both Woods and the company and that he
had parted with every real or imaginary in
terest he might have IN the mortgage. The
| taking OF subsequent deed by Woods, he
claimed, was to guard this and prevent
Morrissey from going back on him.
On the subject of organizing and moor
poreting the company, Woods remembered
nothing beyond the TACT that he signed
the articles and blank for
bond, but he claimed to
have paid no attention to the
details and could not recall any fact, save
that he and Morrissey were each to have
one-fourth Of the stock. Upon this matter
he said he trusted all to the promoters. and
while he knew but little of them, what in
ouiry he made resulted in the assurances
that
DONOVAN WAS RUsTLER
and he would be able to put the matter
through. Ali his deals were with Donovan
and Groves, and as soon as the Incorporation
took place, Woods went to the mines
about Augusta, leaving orders for Nor
rissey to get the mortgage and bring il
u down. He did not see any of the partie:
again until about the Goth of September
and was mad enough to have licked Nor
rissey and Donovan when he found they
had not brought it down. After doing
some work on the mines, Woods went of
and worked other claims and during hi.
absence, w. h. Chamberlain, whc
afterwards bought stock visited
the property. The fact was told tt
Woods but he disclaimed having had any
idea concerning the objects or purposes O.
this visit. The plaintiff returned to Sail
! Lake on the Oath of October, and about the
10Th renewed his demands for the mort
gage and twas then he was told by Boltor
that the latter intended to take part,
down to show him the mine, and the ex
tension was arranged. In reply to thu
query why he had consented TO this, de
spite the fact he had had his suspicion
aroused, the witness replied that he hat
, mo suspicious" that they were sucl
id ra5cals. The much demanded mort
gage was finally delivered to the plaintiff
on the 18th Of November, and on the mex
day he left for the mine. The new boart
| was organized on the 10th of November
Morrissey and others having resigned, an
the plaintiff met several of the new direc
tory, had a deal about tools, heard som
talk about raising money by assessment
upon the stock, but could not recall havin
spoken to any of them regarding his clair
and the mortgage.
{ In reply to the query, why he did no
say SOmSbuluR dUUub Lu0 mortgage W SULu
one connected with the company manage
ment the witness replied that he had no
3 then secured the instrument and suppose
Q they knew all about it from Bolton. Their
i was gentleman by the name of Hendricks
: son with whom the plaintiff also talked
, and assured him all would be right if tn
parties carried out their agreement, but b
never took the pains to explain the natur
of his claim, net thinking it necessary. o
ba - Of nars "a oil ruif II off
b man regarding prosecution in the even
! the mortgage was not forthcoming.
The plaintiff next introduced witnes
o. whose exact status tn the case did not full
n appear. He is now director in the con
n pany, bought stock in the concern prior
the new board going in and after an exam
, ination of the mine by his agent and hin
n self, and yet 1t seems his attitude in II
J., pending contest is hostile to the very CO..
/ Germ Of which he is part. This man is
q HYRUM GRoEsBECK,
= and it was expected he would spell one
n the clouds which hung low IN the 81
q when the case closed the day before. H
! testimony, however, only explained tn
he knew nothing of any mortgage or clai
of Woods until long after he bought ii
stock, and when finally the matter can
out he learned that 10000 shares had be-
set aside for the payment of the Woo
claim, and subsequently Bolton took tn
number of shares down to The mine f
h Wood, but the latter was not there. Wht
IS the latter came up in January the boa
II tried to arrange matters with him but d
1t not do SO, as he insisted on the $1,000
cash.
ID THE FIRST SCRAP.
E. The witness was q frequent attendant
and about the headquarters of the compal
d and was present on one occasion when
difficulty arose between w. A Kinney,
director, and Groves the man who was
ST legged to have known of this outstandi
claim but had failed to mention it to I
new board or stockholders. Mr. Kim
accused Groves Of practicing fraud no
the company in Withholding this inform
ton, and when Groves retorted that
la there was any Kinney was equally respc
sible, the latter punished him very sever
and Groves made retraction.
So this cloud did not develop even as /
as mans hand, and the exact position
Ia witness Is yet mystery 80 far as the t
M timony goes.
Perhaps the only exciting chase in t
of days work came in when the first pre-
dent OF the company.
W. T. sEIBERT
was placed on the stand. He had boue
10 his 30, Zoo shares of stock from Donoyf
and remembered to have signed the a
davit, but could not remember that
signed the articles of Incorporation. I
discrepancy in the signatures seemed
% consist, in the fact that the witness b
O. written his first name in full in ono pl;
o in indeiible pencil, and not so in the 9th
n At first point blank denial Of the genu
=, ness Of the full name was made, but VIII
10 after very lengthy cross examination
was finally conceded that it might he
been done by his own hand the only sto
of the day was waited away amid the
jections of the plaintiff on the ground Il
the questions which threatened it W,