The San Francisco call., 1898-12-17


 abandoned they were producing from
 s75,000 to S100,000 monthly under his
 superintendency. Then came the un- covering of the great mass of rich ore. From the record:
 It was then that the lessees of the CandeIaria became ambitious to
 hold the complete title and owner
 ship in the bonanza which they
 were working, and being unable to
 buy it up, in their desire to obtain a
 title, pretended the mine aban-
 dOned. They intended then to take complete ownership of the property, which it was decided should be done in the name of D. M. Burns, their Superintendent.
 To this end the mine for a dis tance of 5000 feet along the vein was "denOunced," or declared to be without an owner, by this Superin- tendent. But 1t is a peculiar fnci- dence that the record of the au- thorities of Durango shows that the Candeiaria in January of that same year had produced S75,OOO, that in February, the month of the de- nouncement, the output was S90,OO0. Notwithstanding these little irregu- larities. however. the mine was placed in the hands of Mir. Burns by the local mining agent in June of 1888. under pretended title of abandonment.
 AS soon as the owners of the mine be- came aware of what had been done the facts were laid before the Mexican Fed nd ficraf iaT1 was ordered by them. As a result of this investigation the Federal Mining Agent who had assisted Burns in mak- ing the Announcement" was dismissed in disgrace He was later arrested and tried on a criminal charge, but escaped conviction because the State court be- fore which the trial was had lacked jurisdiction to try Federal official for a fraudulent act connected with the ad- ministration of the Federal laws.
 Burns was also arrested and haled into court on a charge of fraud. His conviction and a sentence of imprison- ment speedily followed. From the record:
 In Exhibit Book No. 2, pages and f. will be found copies of the Judg- ment proceedings had by the Mexf- cnn Government in the Criminal Case against D. M. Burns for his part in the Fraudulent Act. and which will show that the Promoter Fiscal Attorney GeneraD of the Criminal Court of the City of Mexico advised the Court upon the termination of the Trial to Condemn D. NJ. Burns, and Instructed the Court to Convict the Criminal to imprisonment.
 When D. M. Burns was arrested in the City of Mexico, he appealed to the United States Department of State, through his political friends. the Hon. C. N. FeIton and ex-Gover- nor Markham of the State of Cali fornia. whereupon the Hon. James c. Blaine, the Secretary of State, di- rected the Hon. Thomas Ryan. the American Minister at Mexico. to In- tercede in behalf of the Prisoner. ID. NJ. Burns; as this Affiant was relf- ably informed at the time. and be- Heying it to be true. therefore Charges it to be true, that the Amer ican Minister did interfere through the Mexican Minister of Foreign Relations at Mexico. in beaaIf of the said Prisoner, n. M. Burns. and that the Mexican Administration there upon appointed a Special Represent tatiye of the Minister of Justice fo see that the Prisoner should have n fair and proper Trial; Hut nIthourh after q fair trial. the Defendant was convicted and Sentenced hx the Court as Prisoner. the Representa- tive of the Mexican Administration i succeeded in modifying and chang ing the Sentence of the Court. hx securing an Order from the Judge granting the Prisoner Bail on , Fifty Thousand dollar bond until his final trial should take place at san Dimas. State of Durango.
 On his securing Rail, the prtso,or immediately left the fCty of Nex,c, for the United States. and ,vaS soon beyond the Jurisdiction of the Next 1 can tribunals, leaving his Counsel 10 appear Inc case tn the Superior state court of Mexico. Here the caxa was Re-tried, and tho Prisoner wa. held Rightly Convicted, both bx ,h., Promoter Fiscal and the Hfns A., peal Court. The Appeal Court h.i. that the Lower Court had hoo, ,.. Error in granting Batl to tho rr,. oner and Reversed the ordo. =. Granting Bail and Conarrca .. Verdict of Canvicticn md rp,nrt. ment. From this Ccnsirmatto, oe s, Sentence, and denial of the et.h. ..s Bail to the Prisoner, his Cou,s., pealed to the Federal nssfr,as ,.... on Ampara proceedina~. Tba p. moter Fiscal advised the Canr. .,. ID. M. Burns was not entitled q, .,. Rights of Amnarc Reiief, .o., ,ha Federal District Court Coufsro,as.,l Conviction and Sentence of r,,,,u. | onment- Then the Case wa. a.a. appealed to the Supreme tonr, ,e the Federal Government. who, ,s Supreme Court referred ,ha c. with the evidence and the Racars the Hon. Justscc Buetna. ,tca pra., dent of the Supreme Court. sor and report to the Court. Tho o,,, lon and Report of this emtnen, r, fice of the Supreme Court f. s>a,.,, sive, the Justice supporsiar ,t quoting extensively from thc .. dence and the Criminal r.ax. Mexico, he finally stated rha, s Prisoner was RiUnrfur1~ s~s~. 1