The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1905-06-02
HONOR STAYS
A SETTLEMENT
Question Other Than One
of Gold Involved in Ne
vills-J Jones' Flemming Suit
COUNSEL FAIL TO AGREE
Each Side Endeavors to End
Litigation by Stipula-
ton, but Signally Fails

A point Of honor stood in the way yes
terday Of the settlement of the suit
brought by William A Nevills and ex-
United States Senator John p. Jones
against William Fiemming and others to
compel the defendants to pay $4,000 still
due and unpaid on a contract for the
purchase OF one-half interest In the
Amador Tunnel, Milling and Mining Com
pany. Involved in the cross-compiaint Of
the defendants is the point Of honor, for
in 1t they demand the return of S1oo. 900
already advanced by them on the ground
that the mines In which they were per-
suaded to contract for the purchase of a
half-interest are without value, which,
they say. the plaintiffs knew when they
entered into the agreement to sell.
I'VE Will stpulate," said Attorney g.
N. Shortridge, who represents Nevills
and Jones. that II the defendants In this
case will advance one-third Of tho cost
price of a forty stamp mill, which we es-
innate at $4,000, we will advance the
other two-thirds. and II the ore now In
sight above tho main tunnel does not re-
pay the defendants for their advance we
will file a bond to return them their
money"
81 am sorry that we cannot accept your
OFFER said Attorney MCGEE for the de-
PENDANTS, "but we do not wish to put any
I1oIS lllOaSy AuAO q la1uo llldl nd9 edQy
cost US 100000. But we will agree to do
something else. In our cross-complaint
we demand judgment for 100000 we be-
lieve was unfairly taken from US through
representations not based on fact. but we
will accept 10 cents on the dollar, or no.
0O0 and surrender all of our stock and
wipe our hands forever Of the Amador
Tunnel. Milling and Mining Company"
= This offer we could consider,1 an
~ ga sht,f 70 %on
There is involved In this case a thing
that is of greater value to some people
than gold, and that Is honor. Senator
Jones Is a man whose name Is written in
the history OF this country. and IN this
cross-complaint he has been accused.
When this case is at an end he wants
vindication. So strong is his faith in the
value of this mine that / have been au-
thorized to make this offer to erect the
mill. but you reject it. 1t is apparent
that you do not want peace. and 1 can
say to you now that there is but one way
that you can have II In any event, and
that is by taking such action that the
honor of these plaintiffs will be vndicated
and their judgment proved correct"
We'll" said MCGEE, there Is way
this can be done. Your clients are rich
men, and if they wish their honor vindi-
Gated let them take their money and
erect this mill. Why should We advance
one-third of its cost If you are so sure of
the value of the mine. Let your clients
take their money. erect the mill and show
that the mine is "a paying proposition.
Then ell we have said will be disproved
and vindication will be yours. Yes, l Will
make this offer: Let your clients erect
the mill, and il in two years they take
out $500, 600, as they say they can. we will
give them 81 ,00o. 600 for the mine
1T think will discount your offer for
million answered Shortridge. sarcas-
tically, "and If put to the test l don't be-
lieve color could be found in 1t"
ut is evident that you gentlemen can
not get together said Judge Murasky-
Let the hearing proceed.
The examination of experts regarding
the character of the ore in the mine then
began.