Omaha daily bee., 1909-10-06
Council Bluffs
CASE ENDED
Famous Mining Case Comes to a
Sudden Termination.
TERMS OF SETTLEMENT SECRET
some Of the Attorneys Profess Not 20
know what They Are and Others
say Agreement r. to Keep
Conditions quiet.

James Doyle against James +. Burns, who
at the time OF the commencement of the
litigation was president OF the Portland
Gold Mining company. has been settled.
The settlement. the terms OF which were
not made public and according to the at
torneys I'm the ease, never will be made
public, was reached yesterday at a con
ference held at Glenwood where the case
had been assigned for another trial at
the october term Of the Mills county court.
The case had been transferred from the
district court OF Pottawattamie county In
Council Bluffs to the court at Glenwood
on application OF Burns, who secured a
verdict in his favor at the second trial
in 1905.
The announcement that the long pending
suit had been finally settled did not cause
any surprise in Council Bluffs as II was
generally believed that both parties to
the suit were anxious to avoid the ex-
pense Of another trial.
Nothing in the record of the court at
Glenwood indicates the terms Of settle
ment. The entry merely read Settled and
dismissed. Each party to pay his own
costs"
Attorneys interested in the case in re-
Spouse to enquiries stated they could give
nv AA' AiAAAbht anu WV VI liz dAlbIltNH
declared that the terms Of the settlement
were to be secret and that all the at
torneys had been put on. their honor not to
disclose them.
Two Lawyers settle II.
1t was said, however, that the agreement
for a settlement was reached several days
ago between ]. c. Schuyler of Denver, one
OF Doyle's attorneys and an attorney
~ ap,al IIarrge ron@o,c.Vg.u D,.,, M,
agreement was reached without the inter
position of the principals. The filing of
the motion for dismissal of the suit in
Glenwood was preceded by a conference in
that city yesterday morning between at
torneys for the litigants. Doyle was
represented by J.. c. Schuyler Of Denver
and George S, Wright of this city, while
Burns was represented by Former Gov
ernor Charles S. Thomas, who arrived
from Colorado Monday night, and John
Y. Stone and l.. r. Genung. both Of Glen
wood. Congressman Walter I. Smith, the
leading local attorney for Burns, was not
present at the conference.
The long drawn out litigation has cost
both Doyle and Burns an immense sum of
money. At the first trial in 1901, both had
an army of witnesses here, but these ex-
ptllStS were Sllldll III comparison WIFI III
enormous fees which have been paid at
torneys for Burns. The court costs of the
suit up to the time it was ordered trans
ferred to Glenwood amounted to 81, 214.35.
The cost of the transcript Of the case,
which was certified up to the Mills county
district court was 81, 200, so the total court
costs up to the settlement yesterday, it
Is said. must have exceeded $4,000.
History of the Case.
Doyle and Burns had prospected to-
gether in the early days of the Cripple
Creek district and it was Doyle who To-
Gated the famous Portland mine, from
which millions were later taken out. Doyle
and Burns. after the latter had become
president of the Portland Gold Mining COM
pany, fell out and in February, 1898, Doyle
brought suit against Burns in the district
court Of Pottawattamie county, service
being secured on Burns while he was at
tending a meeting of the stockholders of
the company, which was Incorporated
under the avs Of Iowa.
Doyle claimed one-half of the stock is
sued by the Portland company in payment
for three mining claims known as the
Devils own, Bobtail No. 2 and the Tidal
Wave, which amounted to $S6s OOo. In No
vember. 1898, after bringing his suit here
Doyle secured a Judgment by default for
S717. OBS, although Burns a secured
in the Colorado courts an injunction re-
straining him from prosecuting the suit in
the Iowa courts. On his return to Colo
RADIO Doyle, who was then mayor Of Victor,
was to jail for contempt of
court and he actually remained behind the
bars for eight months. In August, 1899,
80
given leave to defend, one Of the condi-
tons being that all proceedings against
Doyle in Colorado be discontinued. The
trial began in the district court here in Oc-
tober, 1901, but after a week had been
consumed in taking evidence Doyle set up
new issues in an amendment to his petit
ton and the trial was started afresh on
| November u. In his amended petition
Doyle sued in all for 1915, 1856. The trial was
concluded December 20, 1901. On December
2S a motion for a new trial and arrest of
judgment was filed and the hearing on
the motion held February 10. 1902, during
recess. II was overruled and on April 9,
1902, or more than four years after the
suit was begun. judgment was entered
against Burns, who filed a supersedeas
bond in the sum of $3.50, 900, furnished by
three eastern bonding companies and the
case was taken to the supreme court,
which on April 0. 1904, set aside the YER
dict and sent the case back for retrial on
the ground that the measure Of damages
was excessive.
on March 5, 1906. the second trial Of the
case was begun in the district court here
and on April the jury returned a verdict in
favor Of Burns. On March G.. 1906, Doyle's
motion for a new trial was sustained by
Judge Thornell and on April IA Burns filed
notice OF appeal. on December 10, 1907, the
order OF Judge ThOrnell granting a new
trial was confirmed by the supreme court
Early last year Burns filed a motion for a
change Of venue, which was sustained and
the case was ordered removed to the dis
trict court OF Mills county, where the
third trial was assigned for next Monday.
City Council Proceedings.
The city council, meeting as a committee
of the whole, yesterday afternoon decided