The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-05-08
BLUE JAY CITATION
The Jay Bird Still Swinging on
the Hickory Limb.
HUNT FOR DEEDS ENDS In SMOKE
Grand Jurors Must not Be Tempered With
Attorneys yarian and Stevens Exoner
ated on Every Count.

ated on Every Count.
In compliance with the order of the court
the citation case of Woods vs.. Stevens the
parties appeared before Judge Zane at the
opening of court yesterday morning.
Riley & Kahn, with ]. Stewart Beattie of
Chicago appeared for Woods, Mr.. Stevens
was represented by j. L. Rawlins and Mr..
Varian by Brown g. Henderson.
1t will be remembered that this proceed
ing was instituted to secure the production
in court of certain deed from one Tofte
to the Blue Jay Mining company, alleged
to have been procured, together with other
papers, from the clerk of the district court
by Attorney Varian and used by his as
sistsnt, Stevens, in prosecutions before the
last grand jury, in which Jackson Bolton
and a. Z. Groves and L. b. Tote were de-
fendants
In the preliminary hearings before JUS
tice Gee and Commissioner Greeman the
deed seems to have been employed as evil
dence and becoming attached to the main
file followed it in its meanderings and
handbags until at last all disappeared to-
gether.
To ascertain just where this disappear
ance took place and whether or not the
| district attorneys were responsible was
the object of this particular inquiry.
As the Blue Jay mine and the company
purchasing it have lately come prominently
before the business and judicial circles Of
this city, it may be well to state some
| thing OF its history and the developments
leading up to the several proceedings fresh
| In the courts.
The three mines constituting the group
are the Trojan, Mona and Blue Jay, and
are situated in Beaver county, Utah,
about forty miles southwest of Frisco, and
were located some years ago by Matt Nor
rlssey and Alex Wood, who aid some dis
sultory work on them until last july
when, with the assis lance Of Fl. T. Douo-
van and several Others the group was
stocked and the shares placed on the Salt
Lake market.
BY November the original owners and
incorporators had disposed of their stock
with the exception of Alexander Wood,
who held $4,000 out of total of 100000
shares.
In the latter month Wood and Morrissey,
who had been at the mines during the time
most of the stock was sold, came TO this
city and informed some of the then stock
holders that they had a claim against the
mines for $4,000 purchase money, which
they were to have in addition 10 leo, 600
shares of stock already delivered, and they
same and that such an Instrumental actu-
ally been executed and delivered 10 them in
July before, but had been returned BY them
to II. T. Donovan and A. +. Groves, Off
GERS of the company for correction, and
from that time they had never been able to
get possession of it for record.
In response to this the stockholders in
formed Wood and Morrissey that shares
had been sold on the representation OF the
officers OK the company that the mines
were free from all claims. The then off,
Gals when confronted by the stockholders
with the alleged claim, explained that it
had originally been the purpose to give
such a mortgage, but before its dellv-
cry, Wood and Morrissey had agreed
to accept 10000 shares more of stock
in lieu thereof, because mortgage would
prevent the sale of stock. Within a few
days thereafter the officers announced
that Wood and Morrissey had withdrawn all
cIaiEl, and they soon returned 20 the mines
es employees Of the company. All the old
board of managers having sold their stock,
resigned. and were succeeded by the new
holders. In December it was learned that
the mortgage had actually been delivered
to Wood before his return to the mine, by
Donayan, who. il seems, had secret posses
sion of the instrument al the time, and
had recorded it. About the first Of this
year Wood and Morrissey came back and
renewed their claim, which the new man
egement refused TO entertain, and hostili
ties began, on the 18th of January, by the
arrest OF Groves and Donovan on charge
Of conspiracy in delaying the delivery auC
recording Of the mortgage At the tria
before Justice Gee the prosecution dis
missed as TO Donovan upon bis signing al
affidavit, which figures hereafter, and 8
re-charge was made against Groves an(
Tote. The latter person wac merely
a medium through whom the title
; to the mines had been convened
pending Incorporation, and he it was VIII
; executed the mortgage in question. loft,
resides in Atchison, Kansas, and was neve
interested other than as temporary trustee
of the title. Groves was held subject Il
! action of the grand jury. a few days ate
: another prosecution was begun befor
e Commissioner Greenman at the instance o
/ Byrum Groesbeck against jackson Bolton
new manager of the Blue Jay company
Q charging him with having induced the sat
r GroesOeck TO purchase stock, on the repre-
sent8ton that the title OF the mines wa
l clear. To this Bolton responded that tn
, representation as TO the title was not false
the mortgage being worthless MS agains
the company. Bolton was held by the CON
= missioner, the case investigated by IL
a grand jury, and the charge ignored
t While the grand jury were investigator
d this matter, Wood commenced q civil actio
e against the company TO have the convey
= ance of the mines annulled, and rs an alter
a native to enforce the mortgage, claimin
e fraud in the organization. To this tn
$ company sets up the defense that if an
> fraud had been committed it was not b.
the present officers and stockholders an
e that the mortgage cannot be enforced u
d they had no notice of it when purchasing
T This issue will be tried by Judge Anderso
d in d few days. The query naturally arise
by the public, is the property worth any
thing, and the answer is the one so ofte
= heard in mining camps. that all good claim
e are at some time in their history worked i
the courts.
u DE jay bird sat on a swinging limb,
g He winked at me, winlled at him. "
s Old N,7lStrei.
2 In support of the petition and affidavit
r citation the first witness, Mr.. G. b. GleI
testified that as clerk of the criminal cour
A., in which the investigation of the charg
e against a. T. Groves was held, he ha
eyeletted all the papers together and hande
them to w. c. Reilly, who appeared in til
prosecution at the employment of Wood
and requested him TO hand them to I'll
clerk OF the district court. In very sbol
time he went to this office for the recelp
. but the papers had not reached hir
though they were brought in later and III
receipt given.
4 MIR. George D. Loomis, deputy distri,