Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-12-31
WANTS Ills MONEY BACK
A COMPLAINT OF FRAUD
The Case of II. r. Dooley Against the
Burlington Mines Co. Comes Up on
Appeal.

Hppcdi.
Papers in the appeal in the case OF !
II. T. Dooley against the Burlington !
Gold Mines company from Yavapai |
county. were filed in the office Of the |
clerk of the supreme court yesterday |
The plaintiff is the appellant from a |
judgment by Judge Sloan after the
jury had returned a verdict in his
favor.
The appellant is a travelling man
connected with the Deer Manufactur-
ing company. Among his acquam-
tances IN whom he had the greatest
confidence was one f T McElvain.
also a travelling man. The latter had
a relative. II. r. Suite. well known
mining promoter of Yavapai county,
who had recently come across DO
nanza i'm the Burlington mines which
were close to the Henrietta. the Little
Jessie. the McCabe and all the other
big producers.
McEIvain had invested heavily in
the stock of the company and Ire de-
sired to let his friend Dooley in. Mr..
Doolcy was from the outset fdvorably
inclined to the enterprise and finally
made a trip to the property in the
company of Suttle. The three days
consumed in making the trip half way
across the continent gave Mr. Suite
abundant opportunity to eYpatiate on
the richness of the mine. He told
Mr. Dooley that he himself had sold
farm to buy into II. Notwithstanding
he had promised his dying wife that
he would keep the farm for their chill
dren.
But when this gold mine doomed
across his vision he thought that II
his wife were living and in posses
sion of all the facts she would concur
4 in his belief that in justice 10
the children the farm should be sold
/ and the proceeds invested in the mine.
/ An this inclined Mr.. Dooley toward in
vestment
I Suite took him TO the mine and they
remained there two hours and half.
Mr.. Dooley saw more drifts. adits, tun-
nels. Slopes, open cuts and other
new things than lie had ever dreamed
| of or heard of. He was shown where
the rich ore was and the impression
Twas conveyed to him that il went all
I the way from 5000 TO s7OO a ton; $200
seemed a measly figure.
/ At one point he was taken into a
tunnel which led to ore Of a marvel
ously rich character and Of almost linn
itleSs volume. but the tunnel. Mr.. Sut-
tie said. was dangerous. At one point
/ it became so-perilous that Mr.. Suttle
advised Mr. Dooley to speak in a
whisper lest the roof fall in. Finally.
Mr.. Suite said that further progress
in tho unfinished state Of the tunnel
would be suicide so they turned back.
. That was probably well enough. for
j Mr.. Dooley would not likely have rec
ognized the richness of the ore If he
had seen Il
/ As a result Of this visit AMI Of the
representations which had been made
To him he invested about $4,000 in the
stock Of the company. His brother
was also let in on the ground floor and
eventually became one Of the directors
Of tho company.
Passing over the painful discovery.
Mr. Dooley brought suit for the re-
covery Of his money on the ground
that IT had been fraudulently detached
from him. The jury lost little time in
agreeing that he had been swindled
and found a verdict in his favor but
Judge -iNdu denied the motion 81 MS
attorney to render judgment on the
verdict and gave a judgment for the
defendant. In his opinion the court
agreed that the representations mad,
To DOoley We're false and were known
to be but when Dooley visited the
mine he had in law. ap opportunity t.
discover the mistake or fraud" The
fact that he could not do So weighed
nothing against the fact that he haC
come To the mines for the purpose o
ascertaining whether or not the repre-
sensations which had been made L
him were true.
An appeal was also filed I'm Che cas'
Of George Hardikcr against Ben Ric,
from COchise county. This is an cleo
ton contest for possession Of the Of
flee of the justice of the peace at Bis
bee to which Rice had apparently bee
elected The contestant alleged gen
cTaI carelessness and mismanagemen
J at the polls throughout the election
and the next day at the count. Tn
contestant believed that il m frau
had been committed there was ampl
opportunity for ii. He also com
planned that many persons had bee
allowed to vote who were not resi-
y dents Of that precinct. Judgment wa
given bv Judge Doan for the con
testee.