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

corded January 90 Book 70, page
ils, was a record of mining deed
from Gaines and Andrews to w. ].
Boyle, dated March A. consideration
10000. recorded March 81. Page
4lS same book, was mining deed
from Boyle to German, Rivers and
Dennison for each one-fourth of the
| Neglected
Charles Hamilton. direct: =" Was
| mill man at the Neglected mill from
the middle of July. 1901, to
December 5, same year. Larsh
| was mill manager and assayer
| and did various work, Remembered
when Larsh was called to town on
| account of his sick baby. Had talk
with Boyle, He said Larsh would not
be at the mine again, he did not want
him; If he came he would fix him so
his wife would not know him. There
had been trouble down town. In No
yember witness talked with Dennison
| about getting hold on the mill Wit
ness appeared desirous of evading di-
rect questions. Dennison said two
| claims which had been located by the
company had expired and he had relo-
| Gated them Though plaintiffs wit
ness plaintiff appeared to adduce lit
n lie of testimony which was satisfac-
ory. Witness had asked Dennison
| about the show for buying the Larsh
interest. and was told he would have
TO see about it down town. He had
asked also about the chance to buy the
Boyle interest, At this juncture
Boyle's ears were visibly agitated
Boyle has frequently looked as if to
say: well, this is news to me-"
Plaintiff called James J. German
He was shown paper marked exhibit
., purporting or being a copy of agree
| ment which contemplated Boyle's sig
nature, and which provided that
Boyle should deed to German and
| Rivers one-half of the mine Attorney
Richard McCloud, who drew the pa
per. was the evidence that German
had said this would mean eventually
| a deed to Larsh from German and
Rivers for one-sixth of the mine. The
attorneys had a wrangle here over the
violations of attorney and cleint.
Judge Russell permitted Mr.. McCloud
TO say that the agreement in effect
was said to have meant such a deed,
and Attorney Reese made vehement
objection and wanted this stricken
| out, but 1t didn't stick. Mr.. German
said he did not tell Mr., McCloud that
the agreement contemplated giving to
Larsh or anybody else any part of the
| one-half. He said Boyle would not
sign the agreement because 1t did not
look good to him. and Boyle then and
| there looked as if he was emphasizing
| his former refusal. Witness admitted
| that on January !. 1902, big strike
was made In the Neglected, but his at
| torneys would not allow him to tell
| Charlie Thomas and Ben Ritter just
| how big 1t was. The notes given to
the bank and to Gaines had been paid
| by checks on the Neglected mine ac-
| count. Asked what consideration Cor
man ct al. had paid to Boyle for their
interests In the mine, Mr.. German as
sured plaintiffs counsel that 1t was
| the amount mentioned in the docu-
| ment of conveyance, and Mr.. Thomas
| looked like he was glad to have the
document verified. Messrs. Reese Nc
| Closkey and w. A. Reese were en-
ployed by the mine owners first in the
early part of January, 1902, to make
out papers. Larsh spoke to witness
on the 18th of March that year about
an interest in the Neglected. De-
| PENDANTS counsel had advised them to
take up the bond on the mine and
make final payment before money was
| due. Attorney McCloskey desired to
| question his own client while on the
stand. Plaintiffs objected, but Mr..
| McCloskey soon convinced the court
that he had right to go into the ex-
hibits which plaintiff had sprung.
Banker Vale was recalled, and 1t
took some time for him to find out
| whose victim he was He had prepar-
ed statement under order OF plain
iffs, of the receipts of the Neglected
nine as shown in the bank. Plaintiffs
would demand their reading and de-
PENDANTS would stop him. Finally he
was permitted to read the amounts
passing into the bank as receipts for
retorts sold, from July IL to October
Is. 1902. The importance of these
items created a ripple OF excitement
considering that they were taken from
the mill ore. while rich ore was being
shipped in considerable quantity, the
retorts for that short time aggregating
something like seven thousand dollars.
Plaintiffs tried thirteen different ways
Of getting evidence in covering the
period OF shipments between October
10 and March 81, 1902, and about twice
as many objections by defendants
we're sustained.
More efforts for accountings and
more objections sustained.
Reese and Ritter did a bear dance
in the east end of the court lobby.
Mr.. Vale said Mr.. Larsh's name was
not contained In the papers in escrow
in his bank for the transfer of the
Neglected mine. Only Boyle's name
was there.
Richard McCloud, attorney. was
called. He had drawn on July 8. 1901
the original contract between Boyl,
and Larsh and German. Both were
there and read the pencil copy. which
was afterwards made in ink. He mex
I