The San Francisco call., 1899-01-24
ARMED FORCES
ARE GUARDING
NEVILLS' MINE
Not at His Bidding,
However.
SEEKS RELIEF IN THE COURTS
MILLIONAIRE WOULD ENJoIN
HIS PARTNERS.
He Asks That the Title to the App
Property Be Determined and
That His Associates Make
an Accounting.

Captain William z. Nevills, the mil
lionaire, has been driven from his min
ing properties in CaIaveras County by an
armed force, he AYERS, and this miniature
army still threatens his life and will carry
it's threat into effect If he ventures 10
cross the border of the disputed terri
tory. In consequence Captain Nevills has
appealed to the courts, and through their
power hopes to recover his own and rem
der his mining partners. William H. Mar
tin and John Ballard, hors de combat,
or at least force them TO arbitrate.
Suit was filed yesterday by Captain
Nevills, through his attorneys, Riordan
& Lande and a. II. Ricketts,, for an in
junction, it's purpose being to prevent
Martin and Ballard from interfering,
meddling with, working or removing ores
or metals from the Rawhide and App
mines, and for an accounting Of the prof
it's from the mines named during the Pc
riod since the dispossessiOn of Nevills,
which occurred on the 14th inst. Inter-
esting developments. are expected, and
also some trouble, though how much re-
mains to be seem
On the filing of the action for injunc-
tion Myer Jacobs was appointed receiver
of the property in dispute. His bonds
were fixed at $50 900, upon which the Pa
cific Surety Company qualified, and an
other bond of 900 was required by
Judge Hebbard as an undertaking on
the temporary restraining order, upon
which the American Surety Company
qualified. Matters being thus arranged,
Mr.. Jacobs will proceed to take charge or
the mines in dispute, all the stock; money
and other assets, and, being backed by
the order of court, it is expected that he
will have no trouble.
In his petition for an injunction Mr..
Nevills sets forth the various transfers
of the mining property to as many named
corporations. Originally captain NeFlils
was the owner of all the stock OF the
company that handled the RaWhlde
mine. In August of 1891, for the consid-
Grafton of $1,000 down and promises upon
paper of $25, 900 at future dates he trans
ferred half Of the stock of the company
to the defendants named, and the COM
pany was incorporated under the name oI
the Guild Gold Mining Company, with
100000 shares of stock. In October, 1S9o,
the name of the corporation was changed
to the Rawhide Gold Mining Company,
with 100 900 shares of stock, which were
divided equally between the plaintiff and
defendants, each taking one-third there
of. Subsequently, on August -, 1898, the
company was reincorporated, with q
capital stock of s. 600 600, with 10000
shares, and the name of the company was
changed TO the App Consolidated Gold
one-third of the stock. On December Z9,
Mr.. NeVills AYERS, the App mining prop
erty was transferred to the company and
was accepted as the property OF the CO.
partnership. 1t remained in the peacefui
possession of the coportnership until the
14th inst, when, it is alleged, the de-
PENDANTS, with force Of arms, took pos
session of the App mine and expelled
the plaintiff, and still threaten to Kill
him should he venture across the lines.
This action on the part of his mining
partners, Nevills AYERS, is the result of
q secret conspiracy TO deprive him of
the mine and to secure for Martin and
Ballard the profits accruing there
from.
In the prayer of the petition Captain
Nevills asks that the court declare, that
the copartnership is the owner of the
mine, to compel defendants to account for
all receipts and disbursements since the
petitioners dispossession and to prohibit
the defendants from assuming control or
running the mines during the trial of
AS Judge Hebbard ordered the tenn
porary restraining order to issue, the
management of the mines will be, for the
time at least, taken from the hands of
the defendants, and perhaps perpetually,
if on the 10th of February. the date set
for the hearing of the issues involved,
they cannot show cause why the tempor-
ary restraining order should be dissolved
and the management again placed in
their hands.