Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-07
CENTERED
IN BIG MINING SUIT
Referee Christy Hearing Evidence In
. Silver King Litigation Over Orc
In Dispute.

suit involving mining properties
and products valued at IS, 500, 900, the
evidence in which Is being heard be-
fore John w. Christy. examiner of the
United States district court, is one upon
which the interest OF the entire city
legal and mining fraternities is CEN
tered. 1t is that of the Silver King
Consolidated Mining company against
the Silver King Coalition company. in
which all sorts of frauds and allega-
tions are charged. including robbery,
perjury, falsification OF records, black
mall. and intimidation. The whole case
Is centered about the Silver King mine,
at Park City,
Solon Spiro and Thomas Kearns are
the principal litigants. The former is
the plaintiff and claims that the Kearns
company entered his ground and ex-
tracted ore valued at S5.600,OO0. A
counter claim held that the Silver King
Coalition was not liable. but II any, the
old Silver King company was the cul-
prit. Judge John A. Marshall, before
whom the case came up. held both
companies liable. Then the Silver King
Coalition averred that the ore taken
from this particular ground was ex-
tracted without profit and that the
plaintiff was entitled to no damages
An accounting was granted by Judge
Marshall to be made before Examiner
Christy to determine the value of the
ore taken.
Mr.. Spiro and his associates claim
that there was ore to the amount OF be-
tween 100.00 and l25.000 tons taken out
and place the average value of the ore
at S63 a ton. The testimony taken be-
fore the examiner has been of very
sensational character and the counsel
have exchanged rccriminations which
have made the taking OF testimony try
ing In the extreme.
According TO former testimony, as
far back as six years ago James Nc
gregor. owner OF the st. Louis and
Magnolia properties in Park City,
which is practically surrounded by tho
Silver King properties, suspected that
part OF the ore being taken out by the
Silver King was from his property.
Some time later ovcrtures were made
for the purchase of his holdings by the
Silver King people. He consented with
the understanding that the price should
be changed IL 1t was later determined
that the Silver King had extracted orc
which belonged to him. This, accord
ing to the testimony. was denied by
David Keith. the Silver King presi-
dent. by Thomas Kcarns. the manager,
and by NJ. j, DAILY, the superintendent.
who claimed that the Spiro lines had
not been crossed
McGrcgor and his superintendent, L.
G. Burton. made an examination. and
claim that they discovered bulknead
constructed of cement and native rock
In a rich drift, This they came upon
accidentally. they claim. having before
been guided by map which had been
furnished them. and which, 1t is said,
Is now admitted to be false,
In n reply to a complaint for ac-
counting and damages, Keith, Kearns
and Daily filcd an affidavit admitting
the construction of the bulkhead, The
claim was to the effect that they had
found n body OF ore which they be-
lieved apeXed on the Silver King prop
erty. They avcrred that the extraction
Of the ore cost as much as 1t was worth
and so they waived their lateral rights
and said nothing about the work. 1t is
alleged that they thought at the time
they might desire to purchase the prop
erty and the knowledge OF tho discov-
cred body OF ore might have greatly
increased the price, and for this rea-
son. the bulkhcad
The Silver King people and Mr.. Nc
Gregor came to an understanding out
of court The Issue now is between the
Silvor King Consolidated and the Silver
King Coalition. and the entire case has
been reopcned. Dickson, Ellis, Ellis
and Schulder are the attorneys for the
plaintiffs and Howat G. Mcmillan repre-
sent the defendants