Durango semi-weekly herald., 1903-01-08

NY" my WhhSS0 tAG pay ucul 6N-
tended. took their note They
showed a paper as their authority to
do business. Witness was not posi-.
tive that exhibit one, the contract,
was the same paper. The payment
was then due in day or two. 1t
was the next day they gave me their
note"
Dan Mclean, manager Durango
plant American Smelling Refining
company sworn. in brief: Have
been manager Of this plant four years,
Since July. 1901, we have received a
number of shipments from the Neg
lected mine. My books show the
amount in tonnage of ore and concen-
trates and the amount OF value
shipped by the mine. Defense object
ed to giving figures after October l5,
1901. and the court sustained. Mr..
Mclean read fifteen shipments from
July to October Is. The defense
stated again that 1t was expressly de-
MED that there was any partnership
after October is, and as the court sus-
tained, this is doubtless the issue of
the trial. Defense urged that the
public had no right to know anything
of the private affairs of the Neglected
company. The court at this juncture
overruled the request of the plaintiff
20 go further into an accounting of
shipments on the ground that it was
apparent that Larsh had not complied
with his contract to meet the pay
ments as they became due
Plaintiffs attorneys were resource
full and energetic in further pressing
for an accounting and desired to be
permitted to show by the books of
he company that the profits of the
bic the amount of the obligations. OBJ.
lection was sustained
William p. Vale, cashier of the
First National bank for fourteen
years. said the Neglected company
had kept an account in that bank since
July 8, 1901; that each Forman, Riv-
ers. Boyle and Deninson now had pri-
yate accounts. Deposits had been
made in the name of the Neglected
Mining company. Witness knew of
the lease and bond given on the Neg
lected from Andrews and Gaines to
Boyle. The last payment was made
on March 81. 1902. Witness gave the
deed to Attorney w. A. Reese, who
might have given 1t to one of the own
ers before leaving the bank. The final
payment was made by checks signed
by the Durango Plumbing company
and Frank H. Rivers. The Neglected
Anl
asst checks paid on the mine amount
'd TO $4,000, and were not on the Neg
iected company's account. Witness
said i've would haze to consult the
books TO say corroot,, how much mon
ey the Neglected company had on de-
posit at that time. Witness was re-
| luested to prepare such n statement
FOR Introduction in the trial. The
bank had handled retorts from the
mine Defense was sustained In OBJ
lection to these amounts being given
after October Is.
During Mr.. Vaile's testimony plant
ifs urged to be permitted to show by
the company's books that an amount
sufficient to finish paying for the mine
had been transferred from the Neg
lected company's account to other ac-
| counts to pay with.
Mr.. Vale swore that the notes given
he bank were paid with checks on
| he Neglected account.
w. w. Parshall was called to say
what he found while engaged In exam
| nation of the property for the Gug.
| senheim Exploration company. He
said while there German, Rivers, Den
nison and Boyle recognized Larsh as
a partner. Mr. Parshall said he was
at the mine from the first to the sew.
enth of November
William Rawlins. bookkeeper fol
the Neglected company, said he had
no books prior to October 10. 1901, ex
cept a bank pass book. The account
and business had been conducted un
der the name OF the Neglected com
pany all the way through from the
9th of July. His principal book was
his ledger. next In importance his
journal, then the mine record book
showing the history of production from
| October II. 1901.
| Court adjourned till $50 this morn
ing.