Amador ledger., 1905-06-30
THE MISUNDERSTANDING CASE.

This case is still proceeding before
Judge Murasky in San Francisco. 1t
bids fair to be one of the most cele-
brated civil actions that ever origin
ated in Amador county. 1t is note
worthy not only from the magnitude
of the sums involved, and the promi-
nence of the parties directly interest
ed, but also on account of side issues
surrounding 1t. Because of its I'M
portance we deem it not out of place
to give the following history, com
piled by one who is in position to
know the facts:
In 1885 W. A. Nevills and Senat or
}. 2. Jones owned all the stock in the
Amador Tunnel Mill and Mining Com
pany and the Hamilton Gold Mining
Company. The Tunnel company owned
the northern part of the Mammoth
mine and the Hamilton company the
southern part. Nevills and Jones sold
one half of the stock i'll both COM
panies to William Flemming, John
Flemming and d. c. Nichols for
500, 00O in cash, which was paid at
the time, and $3.50, 1000 additional to
come out of dividends. The property
was worked after the sale by the tun
mel company for nearly three years by
means of two tunnels and teD stamp
mill at the upper tunnel. The lower
tunnel was driven the full length of
the claim, about 5000 feet. The pro-
duet of the mine during the three
years, as shown by the books, was
S38, 600, and the expenses $50, 600. The
Flemmings and Nichols, claim that
they paid their share of the deficit,
and then declined to voluntarily con-
tribute any more money towards ex
penses. NeviIls worked the property
in desultory way for two or three
years longer, and it was then closed
down, until few years ago when
Nevills leased it to Messrs Hambric,
Emerson and others, who worked it
for two Or there years on a small
scale.
The same parties owned the Moore
mine near jackson, and in June, 1902,
the Moore mine was sold by order of
the court so that the proceeds could
be divided. John Flemming died in
1887 and u. e. Nichols several years
ago, but William Flemming, who has
big lumber business in the north
west, came out to Jackson and bid in
opposition to NevilIs for the Moore
mine. Flemming ran the price up to
$40, 900, and Nevills got the property
by bidding $40, $50. There was consld-
cradle feeling between the two men
at the time, and the next day Nevills
brought the present suit against Flem-
ming to recover the balance of $3.50,
600 on the ground that Flemming had
secured control of the board of direc-
tors of the companies, and prevented
the mines from being worked, and
among other things alleged that if the
Mammoth mine had been worked it
would have produced over $500, 900 in
dividends, so Nevills aud Jones would
have got the balance of $4,000
Nevills, about the time of the suit,
bought the Nichols interest from the
Borland estate of Oakland, which had
acquired it, for $1,000. JohnFlemming
prior to his death assigned his inter-
est to his brother William Flemming,
so that Nevills and Jones owned two
thirds of the stock in both companies
and William Flemming one third.
William FIemming in his answer
denies in toto the charges OF NevlIIs,
and accuses Nevills of defrauding
him, his brother and Nichols out of
the first 500, 600; says that Nevills
represented that there was $500, 600 in
sight in the tunnels, when in fact
there was but few thousand dollars,
and that the Mammoth mine is not
worth the amount Nevills claimed it
was, to wit, $500, 600, and has but
nominal value; and by cIoss-com-
plant he asks to recover the amount
of money he claims he has been de-
frauded out of.
The trial of the case began on the
Sd of April, and after many prelimln-
ary motions, orders and proceedings,
and the taking Of large number of
depositions, the testimony began on
May 18th, and has continued ever
since.
1t is said that NeviIls' former attor-
ney, Riordan and Lande, who we're in
the case, withdrew about six months
ago. John F. Davis, who was also an
attorney for Nevills, Withdrew from
the case, and Nevills' present attor-
neys are Samuel M. Shortridge and
Messrs. Carter and Ricketts,. W. j..
MCGEE represents the defendant Will
liam Flemming.
A large number of witnesses have
testified, including Messrs Caminetti,
Aambric, Sargent, and Williams OF
Jsckson. These witnesses all testified
to the value of the Mammoth mine
and the work that had been done
there. 1t was testified that there was
winze sunk from the lower tunnel
down 45 feet in a ledge all the way