The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-28

Jury and hold the defendant to the
next term of court which will be held
this fall.
The case of johnson VS.. Mcdonald,
involving claims for commission on
the sale of the Success and Fairplay
groups of claims situated on Duck
creek, about 30 miles north of Ely
City, was called. Empaneling of the
Jury was begun and the following
were selected and sworn, almost the
entire venire being exhausted before
the final choice was satisfactory. w.
]. Grlswold, w. ID. Campbell, {. C..
Smithson. X. II. Frank. =. ID. Doyle,
John Ryan. S. S. Lindquist, p. A.
Danaher, Harry Randall, II. W.
Fletcher. John ID. Henry. Dennis
Hewlett
NJ. NJ. Johnson, the plaintiff. was
the first witness placed on the stand.
He testified that he held confer
ence with ID. G.. Mcdonald in Ely In
the latter part of April, 1906. for the
purpose of securing the commission
of selling the two groups in question.
This was granted him by Mcdonald
under per cent commission agree
ment. Acting on this he took sam
pies of ore from the mine, letter
from Mcdonald describing the prop
erty and "A letter from Salt Lake
smelters eongratulating Mcdonald on
shipments of ore from a lead prop
erty and telling him that they hoped
IL would hold the record which was
Indicated for II by the name Success.
He went to Salt Lake and there after
"A week delay secured the consent
of Thomas Kearns and Davis Keith
to look into the value of the proper
ty. Another week was lost waiting
for Thomas l.. Walden. expert for
Keith and Kearns. before they left
Salt Lake. re was to meet Walden
at Oasis but on account of washout
which delayed the expert he was de-
tanned there five days. Later, being
unable to secure seat In the stage
to Ely. at Newhouse, where he finally
met Walden, they were forced to Sc
cure private conveyance On ar
irving here the weather was so bad
that before arriving at the property,
he, Walden and Mcdonald were fore
ed TO camp out for the night The
sale was finally agreed upon between
the Salt Lake firm and Mcdonald.
100000 being settled on as the
price. At this point the contract
between Mcdonald and Johnson was
introduced in evidence. On cross ex-
animation f. X Murphy, attorney for
the defendant. endeayored to show
that Keith and Kearns while satis-
fed with The property In other re-
spects were not satisfied with the
price but were willing 10 spend con-
siderable money on the development
of the ground. The witness held
closely 10 the testimony he had given
on direct examination, however.
n. A. Riepe testified that on April
I. 1906. he had gone to Mcdonald
and asked that he he given chance
TO sell the two groups. lie had been
told that the commission for sale was
then in the hands of Johnson. but
that If Johnson failed he would be
given chance to sell it.
d. c. Mcdonald was called to the
stand by the prosecution. His testi-
mony was closely allied to an agree
ment between Keith. kearns and
himself which was introduced by the
prosecution and read to the jury. In
IL It was agreed that the defendant
for consideration of 100000 agreed
TO bind to David Keith ana Thomas
Kearns a two-thirds interest in the
Fairplay and Success groups, and ar
ranging the payments over period
of il months. At this point the ses-
sion was adjourned until Z O'Clock
last evening
On resumption of the hearing the
first step taken was the introduction
of afidavits of Messrs, Keith and
Kearns. In which they set forth the
terms of the agreement which they
made for taking over the Mcdonald
property. these terms stipulating pur-
chase price of 100000 and the ap-
plication on this total of such money
as might be expended In development
of the property by the purchasers OF
the two-thirds interest which the
100000 called for.
Immediately following the reading
of these affidavits. which were admit
ted in evidence. Mcdonald was placed
on the stand. The point of his testi-