The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-04
Mr.. Nevills Says He Was Of
fered 100000 to Cheat
His Partners.
SENSATIONAL MINING SUIT.
N. F. Cleary Wanted More Time on
Million Dollars Worth of
Mining Deeds.

W. A. Nevills, w. H. Martin and John
Ballard to restrain the defendants from
withdrawing mining deeds valued at over
$1,000.00O from the option that the plain
tiff claims to have secured on them until
July l.
In the answer to the complaint very serl-
Gus charges of bribery are made against
Cleary. Mr.. Nevills alleges that Cleary
offered him 5000, 900 to defraud his partners,
Messrs. Martin and Ballard, in the APP
preaching deal and that Attorney Samuel
M. Shortridge was also approached with
offers of bribery to induce him to influence
his client, Mr.. Neyills, to play into Cleary'
hands.
N. f. Cleary is an attorney and mining
man, who is associated with Hugh McDon-
nell, mining man, Charles A: Hamilton,
a surveyor, and Charles w. Fielding OF the
great New York, London and Chicago firm
of Saunders, Fielding & Bond. His COM
plant alleges that in February last he and
his associates obtained from the defend
ants an option on the entire capital stock
of the Guild Gold Mining Company, ag-
gregating 100000 shares, forSl ,0OOoo0. All
but 5000 of these shares were deposlted with
Wells-Fargo in escrow, pending the pay
ment of the purchase money.
Then ensued expert examinations of the
mining property representing the shares.
Experts were sent to the Rawhide mines in
Tuolumne County, and also to the Hitch
cock and Hislop mines, and to the property
of the Tuolumne County Water Company.
Nevills suggested that the entire property
should be purchased by the syndicate of
English capitalists that Cleary represented
and to this end he secured an option on the
water company's property for $780, 900 for
the syndicate. Cleary was SO well satisfied
with the result of the inspection that he
l. f.
81, $685. 600, and to cllnch the bargain, deeds
were deposited at the bank to be held open
until June l of this year.
Cleary and his associates then COM
menced negotiations with the English
capitalists for the sale of the entire prop
critics. Alfred II. Curtis, mining expert,
was sent out from London to make re-
port on the properties. His report was
favorable. The time for the consumma-
ton of the sale was drawing near, while
the lengthy negotiations necessitated by
the big deal made the promoters fear it
could not be put through IN time. Cleary
alleges that he secured from Nevills an ex-
tension of time till July for the first
payment of $4,000, and that on August 1
the sum of $1,150,000 should be paid
This was verbal agreement, which
Neyills afterward repented, and left the City
to avoid signing a contract that would
bind him to this arrangement.
The defendants are owners OF the Guild
Gold Mining Company, shares aggregating
100000 in value. 1t is their answer to
Mr.. Cleary's complaint that gives the SEN
which is Cleary VS.. the Guild Mining Com
pany. In the answer Mr.. Neyills alleges
that the plaintiff offered him a bribe, and
this allegation is fully corroborated by
both his partners, who were secret wit
nesses at the several interviews between
1ai VIII h. e
bribery were made. The answer says that
Attorney Shortridge of the firm of Delmas
q Shortridge was first offered bribe of
$4,000, and that this was afterward increased
to $1000e in order to have him influence
his clients to extend the time on the Raw
hide mine deeds.
When interviewed concerning the suit
yesterday, Mr.. Nevills first expressed sur
prise that the papers had become public
property SO soon, for the young man who
served the papers coming from the Office
of Attorneys Pearson & Mitchell had as
sured him that there was no danger of the
story leaking out, because the Recorder
with whom the papers had been filed had
been ''fxed" to keep them away from the
newspapers.
II told him at the time" said Mr.. Ne
wills, 'that I was sorry for that, because I
thought the details of the case would be
likely to make interesting reading even to
the general public.
There is a long story back of all this"
Rawhide mine we were approached by Mr..
Cleary some months ago with PROPOSE
ton to permit him to sell the property
abroad. Upon the statements he made of
his relations with Charles w. Fielding,
who had just concluded the sale of the
Iron Mountain mine in Shasta County,
and who represented wealthy people in
Tnn1nn
cluded TO let him have a bond on the prop
erty. This bond expired on the 31st of last
month.
"Mr. Cleary at once began to grow conf
Dental with me, and his conversations led
up to proposition to take me in on the
sale Tor share OF the commission. | i'm
medlately told Mr.. Ballard and Mr.. Martin
OF what had transpired, and at the next
interview that took place between Mr..
Cleary and myself both my partners were
secreted behind the screen, where they
could hear all that was said without being
seen.
"Mr. Cleary first suggested $4,000 as
my share OF the proceeds. I appeared to
consent to the base bargain, and the docu-
mentary evidence was made out showing
that this amount was to be paid me for
robblng the men who had been my bust
ness associates for years.
Then Cleary, Mcdonald and Fielding
AoAe Aoi 4sCW 1Olhs GIo ldbltT OelUS on MS
way to London. Friends wrote to me from
the East declaring that Cleary was making
statements that he had Nevilis Just where
he wanted him, and could land me in the
penitentiary unless toed the line.
'When Cleary got back to the City the
time for the expiration of the bond
was drawing near. Then it was that he
began to put the screws on me and make
me toe the ine.' as he had said. He
wanted more time, and when seemed to
hesitate on that score he grew ugly and
darkly limited at the future in store for me.
l pleaded that he was not giving me
enough. Then at another interview, when
both my partners were again present be-
hind the screen, Mr.. Cleary agreed to raise
the price of my rascality to $500, 900. I in
sisted that he should cable to this effect to
Fielding in London, and he did so. went
with him to the telegraph and secured a
copy OF the message. 1t read:
Owners agree to give bond one month, july
/, $50 900 forfeit, extend LIST August Have
agreed to give Nevills commission of 500.
O0U.
In due time an answer came from Field
ing. who agreed to the terms. But still I
did not sign the agreement extending the
bond and then Cleary took another facl