Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-08-28
~ SPANISH BULLION
'\A;7IcfEjR3;s; fj3;;I FOUND l1I''
SGU|LTY
Jury Declares That They Used
United States Mails for
Purposes of
Fraud.
THEY MAY APPLY FOR
new TRIAL SEPT. Il
Both Prosecution and Defense
FIdy Each Others Expert Wit
neSses---Lindermdn and
Two Du BoiSeS Get
Share of Comment.

Denver, Colo. August 2S-The jury
| in the federal court here last night
returned verdict in the Lost
Spanish Bullion Mines case. On
the two counts charging fraudulent
misuse of the mails the defendants
We're all found guilty, two, however,
being recommended for clemency. On
| the other count, charging conspiracy
to defraud by the use of the mails,
all but two of the defendants were
found guilty. The defendants are:
c. L. Blackman,A E. Kuaebels, r.
c. Hunt, Arthur Levan, d. H. Law
renee, d. P. Perkins and Edward
| Sebben, all of Denver; w. B. Gamer
on. of Boulder, Colo. and George S.
Dubois and Lee Dubois. of Silver City
N NJ
Pinkus and Hunt, while found
guilty on the first two counts, were
recommended for clemency and they
were both acquitted on the second
| charge. The court granted the de-
PENDANTS until September IL to apply
for a new trial.
The arguments yesterday were
stirring in the extreme and the court
room was crowded.
As to Linderman
GAS to Linderman, we are COM
| PEELED to ask the question: Is he an
| was an insult to the court to have
| such a man give such evidence as he
| gave, saying that this cave was worth
| 100000, 900, not counting 100000 600
| tons of low grade ore"
Very impolitely, although in a very
dispassionate tone, Assistant United
States District Attorney Ernest
| Knaebel dismissed as unworthy of
consideration the testimony of Prof.
Linderman, mining expert and au-
thority. Knaebel opened the argu-
| ment for the government in the Lost
Spanish Bullion Mines case yester-
| day.
He was followed by Ralph Talbot
made the main address in behalf of
| the indicted promoters and District
Attorney Bone closed for the prose-
cuton.
No Ore From Mine as Evidence
Mr.. Knaebel in his argument call
| ed attention to the fact that the de-
| fense had not offered to bring any
ore from the "mine" and produce it
in court as evidence that it was real
| ly a mine.
"Now, if l were indicted on such
charge" he said, "and l believed l
had mine, would send down there
and bring up a whole carload of ore
and show it right here in court, with
Lue assay returns. II tneN really ndu
any valuable ore In their property,
why didn't they produce some of it?
| That is what | would do If | wanted
to prove my innocence and l think
! that any of you would do the same.
| That seems 10 me TO be the surest
method Of procedure in such a case,
and the simplest"
This line of argument brought Mr..
| Talbot again, and for the last time
| in this case, into conflict with the
court He took exception to Mr..
Knaebels statements and said that
he had wanted to offer some ore in
evidence but that Mr.. Knaebel had
himself objected and had been sus-
tanned by the court. The objection
had been made on the ground that
the ore was obtained since the inves-
tigation had been started and that,
at the time the promoters were sell
! ing the stock, they had not reached
the depth at which those particular
samples were found.
Called Talbot Down
"Mr Talbot you must not lead the
jury to think that the court would
not let you offer in evidence any pro-
duce that would prove you had a
mine" said the court IF you had
shipped any ore and gotten valuable
returns you would certainly have
7 been allowed to show It.
In fact, l will now permit you TO
show that you have shipped any ore
and obtained any returns from It, If
| you can do so, the case will be re-
opened and you shall have oppOrtun-
| ity That objection was sustained
because the ore you offered to pro-
! duce was obtained since this investi-
CATION was started and because it
| was stuff that you had not discovered
at the time you began to sell the
| stock
Il shall consider this in my in
structiOns 10 the jury"
Counsel for the defense did not
avail themselves Of the courts offer
to reopen the case for the Offering
Of ore from the "mine" as evidence.
Mr.. Kuaebels argument consisted
chiefly Of a resume Of some Of the
principal points I'm the evidence His
/ reference to George and Lee Du BOiS
/ WaS even more sCathing than his
opinion pf Prof. Liudermau
Il would rather pass over both the
Du Boises If possible he said, "but
/ can't. / am compelled 10 make
some reference 10 these persons who
get up iu court and calmly ackuOWl-
edge that they have perjured them
selves
scores Two Du Boiscs
THAT they have periured them
selves Is obvious. The question for
you to determine is when they did so,
whether il was I'm signing those
sworn statements or here I'm court ~