Amador ledger., 1905-04-14
MINING SUIT CONTINUED.

W. A. Nevills about two wears ago
sued William Fleming and others for
Sl5V, 600, alleged 10 be- due OH the pur-
chase of an interest in the Amador
Tunnel and Mining Company and the
Hamilton Gold Mining Company.
This suit was started Immediately
after the sale of the Moore mine, at
which both W. A. Nevills and Vim.
Fleming were present. After running
up the property to figure far beyond
expectation it was finally bought by
Nevills for over $4,000. The prop
erty concerned in the present suit is
better known as the Mammoth mine
and tunnel, situated at Middle Bar.
Nevills claims that defendant pur-
chased an interest in this company
for $4,000 S100,0O was paid, and
suit is now brought for Sl5O,OOO. De-
fendant Fleming lives in Chicag O,
and has come to San Francisco on
purpose for this tIial. Suit was orig
inally brought in the superior court
of Amador county, but at the request
of defendant was transferred to San
Francisco. The case was set for trial,
but Nevills moved for continuance
on the ground that material wit
ness, John P. Jones, late senator of
Nevada, was not present, and he could
not safely go to trial without him.
The Chronicle of Saturday says of
this case:
a continuance was granted by
Judge Murasky yesterday in the suit
of William A. Nevills and John P.
Jones against William Fleming and
others, OH condition that the plain
tltfs pay the expenses to which the
defendants and their witnesses will
be subjected by reason of the delay.
An estimate of these expenses is to
be presented in court next Tuesday,
and the money must be paid within
twenty-four hours thereafter.
The deposition of Abraham Halsey
OF Pasadena, who was a director of
the Amador Tunnel, Mill and Min
ing Company and secretary OF the
Hamilton Gold Mining Company, has
been filed in the case. sale of half
the capital stock of these two com
panies is at the bottom of the suit
Halsey was confidential agent and
clerk for Nevills, but Nevills quar-
relied with him, as we'll as many other
men with whom he had dealings.
Halsey. in his deposition, squaIely
contradicts Nevills' sworn statement
on some points concerning the affairs
of the companies. 81 was just sim
ply dummy for Nevills, ''says Hal
sey, in speaking of his acting as a di-
rector. He tells of trip which he
made to the Amador mine with Sen
ator Jones and the latter's brother
in-law, Lon Hsmilton, and adds:
''We got caught in a rainstorm and
had to stay in the house and play
cards all the time. Halsey states
that Nevills brought the bullion from
the mine to the city and deposited it
in his own name at the Mint or with
the assayer. Halsey told him that he
might get into trouble by putting the
company's gold in his own name, and
Nevills replied: "Oh, pshaw! That's
all right. This method of handling
the gold from the mine contributed
to bring about the disagreement be-
tween Nevills and the Flemings.
William Fleming alleges that New
ills worked the mining claims as if
they were his own property, without
asking permission from the board of
directors, and that he appropriated
the proceeds for his own use. Flem-
ing characterizes Nevills' statement
that he arranged to sell the property
for 81, 900, 600 in England as prepos-
ferrous and absurd, because the prop
erty had no known value.
NevilIs AYERS that it was not he, but
David G. Nichols, who was associated
with the FIemIngs, that induced
them to put their money into the
mine. He describes Nichols as act
ing in a crafty manner, and refers to
Charles Turner, who was to have been
bookkeeper for Nichols and the Flem-
ings at the mine, as "that fellow
Turner. " He says III his deposition: :
'Once at the mine, the Mexican,
Cezario Alvio, who had charge of the
horses, came to me and told me Tur-
ner and Nichols were in the office
aud that ought to slip into Nichols
bedroom and open his valise. l did
so, and saw that over $4,000 worth of
specimens from the mine had been
put in the valise. -
The feeling between the parties in
the case is bitter, and what fur re-
mains will probably fly at the trial.