The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-03
WORK OF THE COURTS.
SUIT FOR INJUNCTION IN THE MAT
TER OF THE BEGAN COMPANY.
Taking of Testimony Before Chief
Justice Merritt Yesterday-Pris-
Oners to Be Released from the
Penitentiary During This Month.

eli VI t1le bOSdn silver mining cOll-
pany went on before Judge Merritt
yesterday, consuming nearly all the
day.
James Quinn, a brother-in-law Of
John Began, testified that John Began
had turned owed 1000 shares of stock
to him. Mr.. Sutherland asked what
for, and witness said that was his own
business. Pressed for an answer, he
said John had had money from him
about $500 from him and about $1,10O
from his brother, C. E. Quinn. The
money had gone into the development
of the mine. Some of it had gone to
pay debts incurred by John Began for
the mine.
F. A. Evans had worked at the
Began mine as machinist and fore
man. John Began had hired him and
mad explained that the payment would
be in stock, and board would be
charged at the rate of one share per
day. He understood that Mcdonald,
carpenter, had been paid in cash. John
Bogan had been at the mine about
half the time and had instructed wit
ness to give him time in full John
L. Began had worked there awhile and
mad told witness that he quit because
ne had stock enough. The witness ad-
mitted that he had talked with John
Began the day previous about the lat
ter's salary and that Began had said
ms salary as superintendent was too
high If it had been on a cash basis.
Robert Hamilton had worked at the
Bogan property; was hired by John
Began to work for three shares of
stock per day and had got privilege of
boarding at home, He could not get
anything on his stock and had finally
been told by John Began to go and see
Mr.. Spiro and get merchandise.
Frank Smith, a general all round
mining man, went to work in October,
1894 The same arrangement about
board and pay on a stock basis was
made with him. Began was there from
October TO December. From that on
till March Began was there not quite
half the time.
Mr.. Spiro, one of the plaintiffs, had
closely examined the books of the COM
pany. There was no record of Mr..
Began being voted a salary. w. ].
Began had refused to show him the
books until he went with the county
attorney. Mr. Spiro had conversed
with j. 7. Began, who wanted witness
to get him a job at one of the mines.
because the Began company was pay
ing nothing but stock. He had got the
tai cards and had made several state
ments at their meeting. Had said to
John Began that hel believed if $4,000
shares of the stock should be placed
in escrow they could be sold for $37, 900.
First assessment was levied in June
and het had sent out postal cards a few
weeks after reading that a levy was
to be made. He had been elected as
sistant secretary but had refused to
a hn
would eventually lose control of the
mine. Had never offered $4,000 for
10000 shares of stock.
Michael Cole, a former secretary of
the company, was recalled and testi-
fed that he had examined the books
closely and found no record of any sal
airy having been voted to John Began
except the one voted in December, 1894,
of $500 per month.
W. j. Began said he had transferred
the stock of James Began to John b.
gan at the latters request. The re-
quest had been made by letter from
Salt Lake. Had previously talked with
him about it. Did not know where the
letter was but could not produce it,
as he thought that it was in Park
City. Mr.. Sutherland produced a. let
ter from the stock book and it was
identified by him. Mention was made
of stock transferred for piano trans
action. The letter was placed in evil
dence, the defense objecting.
For the Defense.
The defense called John Began, prin-
cipal owner in the Began company.
The property. he said, is between the
Silver King and the Crescent. He and
his brother, James Began, had origi-
naily owned the group of claims. He
detailed the work done by the COM
pany, including the running of shafts,
and construction of buildings. The
b. buildings i'd he considered worth about
$4,000. Machinery, ETC., worth about
So, 900. About $500 worth of mining
timber and office fixtures were the
company's property; also four horses.
Only $1,995 had been realized from the
sale of stock. He had borne the ex-
pense of carrying on the work and
making these improvements. Had been
employed by no other parties while
working for the company as manager.
Had borrowed $1OO from James Quinn
at one time, $1,1O0 through him at an
other time. Had not repaid it on June
IL, when stock was transferred ito
Quinn. Had never received a dollar
in money for salary. The S675 for
watching the mine was for about
three months service. He corrected
this on being shown his bill for nine
II1OUluS S6INlCS. dl VI llllo tllliC III
was engaged in other business. Had
William Woodward in his place as
Waterman at the time. The receipt for
Woodward's service was offered in evil
dence but ruled out The total charge
for board account was So, All the
men working above ground were work
ing on a money, not stock basis.
John T. Began was to work for cash.
Witness had taken some of the stock
voted him by the board of directors
at 80 cents a share because an assess
ment could not be levied while stock
yet remained in the treasury and
it was necessary to have an as
sessment TO go ahead with work
He had set aside $1,000 shares of his
stock to be given to reimburse parties
who had got possession Of the stock
taken in by the former secretary, NJ.
C. Scully, and by him reissued. Had
had Scully arrested over this matter.
He located the three claims before any
one else, viz: The Electric Light in
1886. the Cumberland in 1884, the Ural
in 1890. He applied for patent to the
in 1890. Had performed !,
all the assessment work necessary. |
There were loose things about the mine
worth about $500. On NINA
ton he admitted that he knew very |
little about books, had signed the An
nie Scully stock and most other papers
simply because the secretary handed |
t to him. Had set apart stock to meet