The San Francisco call., 1898-12-26
UNIFIED S7ATES SEXATE?

Warehouse and said Givens did not visit the mine or any of the mining property but once, but were constantly in conver- sation together. Said Burns and said c. F. Waterhouse, although the most inti- mate of friends, at this time pretended to aft1ant that they were unfriendly to each other. Said C. P. Warehouse and said Givens were apparently blaming some Burns pretended to dislike said c. P. Wa terhouse, and to believe that said c. P
 Waterhouse was unfriendly to affiant, and stated that said c. F. Warehouse was lazy and of no use to him. Said Burns solicited of affiant an additional interest in the mine, stating that said c. P. Wa terhouse was yalueless, and led affiant to believe that said c. F. Warehouse and said GivenS were working against the in terests of affiant, and earnestly persuaded affiant to believe that if aftiant would give said mine that then said Burns would always be friendly to affiant and pro- tect aftiants interests against all other parties, and said interest was given to said Burns on the distinct understanding and condition that all knowledge of 1t should be kept from said c. P. Water that when the mine should be incorpor- ated that he would prevent Sa1Q U. r. Waterhouse from demanding more than one-twelfth Q-12) interest and led affiant to believe that if said c. P. Warehouse should demand any additional interest in said property that then said Burns would give it to him out of the interest which he was to receive. It was agreed that the stock representing the additional two
 twelfths (2-12) interest, which affiant gave to said Burns, should be taken out in the name of affiant as trustee and remain a secret between said Warehouse and said Burns. All of these negotiations were part of a premeditated fraud upon affiant and said Burns and said c. F. Water house, as soon as said Burns had received an agreement for said interest. he and C.. P Warehouse became again friendly, and said Burns related all of the circum- stances of. the procuring of his interest to said c. F. Waterhouse, and upon incor- porating said c. P Warehouse demanded two-twelftLs (2-12) interest.
 Affiant further ayers that the gift made by him to said Burns under said agree ment was a conditional one with the con- ditions hereinbefore set out and that by reason of said conditions having not been have been cancelled. That in the latter part of February, 1887, affiant shipped third Bryan mill to the mine, six more pans, two settlers, and. other machinery While affiant was in Mexico the last time as aforesaid, the mine was a bonanza of exceeding richness and of very great and apparently inexhauStible condition. The mills were turning out from forty to seventy-six bars of bullion monthly. The price fixed on said mine in case of sale was two million do..ars (s20OO .OO0). One Wilson, well-known mining expert ex- amined the mine and recommended its purchase for said sum. On the 18th day or Apr1l, 1SSf, dCcOmpanled Dy SdiQ G1VenS, affiant started for the State of New York for the purpose of completing. the -pur- owners. Upon aff1ant's arrival in New York, said purchase was consummated upon the payment of fifty thousand ool- lars (s5o,o0o) in gold coin. and affiant re- ceived deed from said parties therefor In May, 1SS9 great deal of talk occurred between affiant and Givens in relation to the incorporation of said mining prop erty. Givens was all of the time con sulting, and planning with said Burns parties pretended to have some feeling against aff1ant. and 1t now appears very plain to affiant that their object was to make affiant discouraged and to make him feel that there was a lack of har- mony and thus purchase his interest for a trifling sum. Said parties insisted upon having four of the directors of the cor poration, although affiant was legally en- to have any lack of harmony, affiant ac
 ceded to all the demands made by said parties, October, 1888, on incorporating. At this time also said Givens immediate ly took charge of the San Francisco cor respondence, and the correspondence was conducted as 8. personal one between