The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-10-29
SWEENY Wins A
BIG LAWSUIT
Court Decides Against Patrick Clark
In Million Dollar
Case,

Spokane-Charles Sweeny has won
the famous million dollar suit
brought against him by Patrick Clark
and others.
The final decision was rendered in
the supreme court of the United States
at Washington, when the petition of
Patrick Clark asking for a writ OF
certiorari was denied
This means that the decision of the
United States circuit court of appeals
at San Francisco will stand as the Il
nal judgment, and the case will never
be heard in the supreme court. The
argument for the writ was made Oc-
tober 10, but the decision was not
handed down until yesterday.
The title of the case which involves
the Ella and Missing Link mining
claims, is Patrick Clark, James Har-
vey, Benjamin c. Kingsbury and Alb
ner G. Kerns, administrator of the
estate of James Clark, deceased,
against the Buffalo Hump Mining COM
pany, and the Empire State-Idaho
Mining & Developing company. The
case arose out of the sale of the Ella
and Missing Link claims to the de,
PENDANT companies, represented by
Charles Sweeny, and which have since
been transferred to the Federal Min
ing & Smeltering company.
The suit has been prolonged and
bitterly fought. Estimates Of the
amount spent in prosecuting the case
| by Patrick Clark range from $4,000
| to $4,000
Suit Starts in 1901.
The suit was begun in the United
| States circuit court before Judge
Beatty in June, 1901. Evidence was
| taken before a master in chancery II
San Francisco, Spokane, Boise and
| Alaska, and a trip for the same pur
pose was made to New York. The
first hearing was before Judge Beatty
who held for the defendants. The cir
cult court of appeals affirmed that de
cisiOn and the supreme court has nov
ended all chance Of a Clark victory.
| Fraud and conspiracy on the part
of Charles Sweeny and F. R. Culbert
son were charged by the complaints
in connection with the sale Of the
Ella claim and the small fractlol
known as the Missing Link.
The complaint also charged that 6
a shaft had been run through the Ella
from which Sweeny and Culbertsor
obtained information, and that they
had some of the Ella ground prospect
ed with diamond drills, but concealed
this fact from the owners. The ev1
dence showed that a great deal Of
rich ore had been taken from the Ella
since the sale, and the estimated value
of the property was as high as $1,000,
0O0 The suit was to recover the mine
| and the value of the ore extracted
The decision of Judge Beatty was or
the merits of the case from which
Clark appealed.
Surprise Sprung.
In the circuit court of appeals sur
prise was sprung on the complaints
ion that Clark had been guilty o.
fraudulent conduct in giving Culbert
son an interest in the Ella to give Out
information in regard to the PoOrmar
and ONeil mines, which belonged tt
the Sweeny interests. The court hell
that this improper conduct precludet
| Clark from coming into court for any
relief A motion for a new trial was
overruled.
| The application to the supreme
court was for the unusual remedy o.
| certiorari, which is only granted ii
exceptional cases. The large amount
involved and the importance of the
law at issue was urged as ground fol
granting the writ in this case ant
having the record sent up to the cir
cult court for review.
| The Enpire-State Idaho company
was formed after the sale and tool
over the interests of the Buffalo HumI
company. Its holdings have since
| been transferred to the Federal Mining
& Smelling company.