The silver state news. [volume] (Winnemucca, Nev.) 1907-1909, 1907-11-25
WELL KNOWN COLORADO oPER-
ATOR CRITICIZES NEvADA'S
MINING METHODS
From the Goldfeld Tribune.

-
From the GoIdfeld Tribune.
James F. Burns, the millionaire
mine owner of Cripple Creek, accom-
panied by his friends, G. d. Williams
and w. w. Price, left for San Fran
cisco Sunday morning They will
visit other points on the coast and
then return to their homes in Colorado,
but they do not intend to stay there
long, as they have business in Gold
field and Nevada. While here Mr..
Burns arranged to have work pushed
on the Albemarle ground. He is of
the opinion that he has another Mo
hawk, and says he will show the men
of this camp how how to mine a
little according to his own way of
doing it.
81 was notified by wire that a suit
had been filed against me on a little
NATTER he said. "Since l became
connected with the Portland mine,
fifteen years ago, this makes 191 suits
and l have beaten every one of them
l will beat this one, too, for the reason
that / have been right, and not be-
cause / had the money to fight. I will
not be held up and compromise a case
when l know the law is on my side
and my case is a just one
GAS to Goldfeld, it is the greatest
gold camp in the world. All that is
required is to do some legitimate min
ing, such as ms being done on the
Consolidated and Florence, and then
it will become the wonder of the age.
If these mining companies that own
good ground would reverse their pol
icies and work on legitimate lines, in
stead of trying to float stock on their
ventures where 80 per cent of the
money received is paid out in Office
expenses or put into the pockets of
promoters, and the other 10 per cent is
used to pay the wages of miners who
only barely scratch the ground, you
would see some mines opened up here.
The 10 per cent is all that is required
to carry on the Office expenses, and
the other 90 per cent could be spent
to great advantage in development
work. Let the promoters. who invar-
iably control the stock, do the square
thing with the investor, and in the
long run they will be the winners, and
the investor will know that he has had
arm for his money, even if every
pound of marketable ore is found on
the ground. He or she will again be
willing to dig up money for any ven
ture that is proposed by the promoter
and will continue to do 500
da against Dwyer, the Attorney
Generol of the State of Nevada, Hon
orable R. c. Stoddard, and Honorable
A. J. Maestretti, District Attorney in
and for the County of Lander, State
of Nevada, or either of them, had in
said argument or brief filed in the
Supreme Court of the State of Ne
vada contended or stated as follows
to-wit
"There is one point / did not in
tend to touch upon, but / have been
requested to do so and in examining
the record of the Court will find, and l
suppose that is the reason the objec-
ton is taken, that the feeling or in
tent to take life was not as to Williams
but as to O'Brien and that the killing
of Williams, it will be discovered by
this Court must have been by acct
dent, that Dwyer meant to get
O'Brien and not Williams and upon
that point we wish to collect a few
authorities which we wish to call to
the attention af this Court, Jackson
VS.. State, log Ala. IL; so American
Rep. 200; 8 Cal. 141 and Am. Encyc,
of of Laws, 104, 105"
That at said time to--wit, said 18th
day of September, 1907, said Peter
Breen did not know that the Honor
able attorney general and the honor
able district attorney of Lander o
ty aforesaid, had discussed to-
gether tiny such theory of the pros
ecution as that Dwyer intended to xii
O'Brien and no one else.
That when said Honorable D~istrict
Attorney made the statements in sale
District Court contained in said Ger
titled copy of said minutes that thi,
that no such theory had ever beer
mooted by the prosecution, as no sucl
theory was eve urged or adopted il
said District Court, and that at all O,
said times this defendant understood
that the Supreme Court of the State
af Nevada in rendering it's opinion
and decision in the case of the State
Of Nevada, respondent, vs.. Patrick
Dwyer, appellant, and in using the
said language, to-wit:
1.-THE theory of the state, if we un
.ierstand it, was that the defendant
killed Williams by mistake, thinking
the latter was one O'Brien, a mar
with whom defendant had had trouble
turing the day over a prostitute
and referred solely to the proceeding,
IN the said district court that ha,
occurred during the trial of the cas-
Of Patsy Dwyer in said district court
third judicial district. and not to tn
proceedings in the supreme court.
That when said case was on tria
in the said district court aforesaid
the case of the state versus MILAN
Third Nevada, was believed to be b,
this defendant the leading authority
in this state on the question of chang,
Of venue in a criminal ease an an au
thority on the qualifications of jurors
and this defendant believed it was tn,
law and decided the motion for
change of upon the said MILAN