The Elk Mountain pilot., 1901-04-30
OPENING STATEMENTS In THE
SAM STRONG DAMAGE SUIT

Denver, Colo, April 2G.-Trial of the
Strong case began before Judge Pal
mer in the District Court yesterday.
William Lennox, Edwin w. Giddings,
Ernest A. Colburn, n. b. Scott and
Dell Kearney sue Sam Strong for $50,
600. The plaintiffs We're leasers of the
Strong mine in 1891 and struck rich
ore. May %, 1894. the whole upper
works of the mine were blown up with
dynamite. 1t was at the time of labor
riots in Cripple Creek and the blame
fell upon the strikers. Later, Nicholas
Tully and Robert Lyons We're convict
ed and sent to the penitentiary. Their
innocence was proven and they We're
pardoned. Still later, John Edward
Allen made affidavit that he and n
man named Munford blew up the mine
at the instigation of Sam Strong, who
wished to run out the leasers so he
could benefit by the rich strike they
had made. The leasers entered suit
in Ell Paso county, January %, 1901,
and the case was tranferred to Arap-
ahoe county for trial.
Attorney John w. Sleeper made the
opening statement for the plaintiffs.
He said:
"Gentlemen of the jury, we are now
coming to the point of the case for you
to consider. All the matters heretofore
taken up, you have had nothing 10 do
with. From now ON it is your duty to
consider all the matters that may come
before the court.
1.-THE plaintiffs allcge that in May.
1894, they We're in possession of the
Strong lode claim in Teller county
then Ell Paso county. That on May
18th, some parties, unknown to these
plaintiffs at the time of beginning the
suit, blew up the mine, destroying the
workings.
"They allege that Mr.. Strong insti-
gated the persons to blow up the mine
l will not attempt to give the events
in the order we allege that they hap
pened, but will endeavor to do SO as
nearly as possible.
THE plaintiffs secured n bond and
lease on the Strong mine shortly be-
fore 1894. The company was capital
iZed for S50O,OOO, in 100000 shares. OF
these shares Strong held 121. .O01.
There We're 29,995 shares in the treas
ury. The remaining 41OO05 We're held
by other stockholders. There was no
development upon the mine at this
time, save n shaft fifty-five feet. The
plaintiffs sunk the shaft to 200 feet
by the latter part of April in 1894, and
II showed that the mine had rich val
ues. The lessees were to pay S1O,oOO
as the first payment and $4,000 as the
last payment. amounting in all to $6o,-
600 for the lease.
when the development work
showed that the property was valu-
able one. Strong grew dissatisfied and
said that the lessees had got the lease
by misrepresentation, and that he
would have it back. He approached
two parties and told them that he
would like 10 see the mine blown up.
They thought he was joking. and still
believed so when he approached
them again. From now ON the testi-
mony will be conflicting. but 1 will
give you one of the clearest portions
of the testimony that we intend to in
troduce.
About the 23rd of April. 1894,
Strong went from Colorado Springs to
Victor with n young lady. a Miss Mel
lie Lewis, to whom he was engaged.
They stopped at the house of n Mrs.
Henry. on May 23rd he took this
young lady through the Strong mine,
showing her the rich portions. He told
her he was going to have the mine
back.
"On the next day he took Miss Lew
is out for II drive on the Colorado
Springs road. and when they We're II
lew mics out, stated tnau ne WIS NOT
going to Colorado Springs as he had
announced, but that he would go 10
Cripple Creek. He said that he didn't
desire two young men at the boarding
house to know that he was in Victor
that night.
''They returned to Victor to another
boarding house and he gave Miss
Lewis money to pay her fare home by
railway.
ION the morning when the explosion
occurred that blew up the Strong
mine, Strong went to the young lady
and told her to get ready. While they
We're out at the corral hitching up the
horses the first explosion occurred,
and Strong remarked, There she
goes
They hitched up the horses and
drove past the mine to see what de-