The San Francisco call., 1898-12-26

said Givens and said Burns. the superin- tendent of the mine, and as much knowl- edge as possible was kept from affiant. This all seemed to be part of an under standing, plan and scheme between said parties. Said Burns immediately came to California, and said Givens and said C. F. Warehouse refused to assist in the incorporation until he had done so. In fact said Giyens prepared pretended every respect illegal in form and had to be rejected by affiant Said Burns re- turned to California and said c. P Water house also returned from Wisconsin, and company pretended conveyance was made The incorporation was formed suggestions, and without the compliance of one of aff1ant's wishes, and immediately said c. P. Warehouse, assisted by said twelfth Q-12) interest by reason of the denouncement he had made although said c. P.~Waterhouse had been affiant's clerk, at salary of one hundred and fifty dollars ($150) per month, and claimed that by reason of having given said Burns an additional interest that he was entitled to the same additional interest, passing his claims upon the assignment made to Burns. This, of course. made it very plain that Burns had violated his agree Waterhouse Said Burns, C. F. Water house and Givens made affiant's life mis- erable and distracted, so much that finally he consented to give said c. P: Water house said additional interest The cor poration was organized, afiant was elect ed president, c. P. Warehouse vice presi- dent, C.. s. GivenS, secretary, and D. M Burns, superintendent. ThereupOn the office was immediately removed to the office of Jones & Givens, and the general mana cement of the business of the cor poration was taken possession of by said Givens and Burns, and all of the business was, as far as possible, kept from the knowledge of dffiant.
 At the time affiant was in Mexico he made an agreement that of all other prop critics acquired by him affiant should be- come the owner of nine-twelfths (9-12) of the same. During the year 1887, before the incorporation, etc, affiant learned that said Burns and said c. P. Warehouse had been using funds previously sent for the purpose of the Candalaria mine in &C., qufring other mining property, and that they spent quite a large sum of affiant's money without affiant's knowledge of ap| proval, and by reason of said expenditure of money they have acquired what is known as the Contra Estaca or Gllada- loupe mines, which they have appropriat- ed to their own use, and of which aff1ant should receive at least a nine-twelfths (9-12) interest in, and afflant believes and claims that he is the owner of nine tweifths (9-10 interest in all of said mig ing property, and although the said mine at all of these times was a rich bonanza they claimed 1t was exhausted and that 1t was in low grade ores ing of the board of directors that the mine had become a low grade proposition and must be considered in that light: that it would require great expenditure for large and additional machinery, and that the prospects of the mine were very poor all of which statements were false and wholly untrue, but at that time were be- lieved and trusted in by affiant All of the correspondence at this time, with the exception of few short letters, were kept secret from affiant, and affiant. by reason of the representations made as aforesaid, came to believe that the mine was of small value. That said c. P Wa terhouse is the nephew of affiant That in his boyhood he was poor and without means of support. That affiant gave him employment, supported his mother for him, and reared him iron from his, boyhood said That affiant also took D. NJ Burns from the despondency of criminal prose cution and a condition of the most abject poverty. and gave him said position as superintendent of said mine That at all said times said Burns pretended to have a great affection for affiant. he going so far as to say that affiant was his Christ and Savior, and aff1ant believed and con- fided in said Burns fidelity and truthful ness to afiant. That neither said Burus