Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-02
KEITH ON STAND
TELLS HIS STORY
Says He Gave No Order for
Caving-in Of the Parsons
Slope.
DAILY is ALSO A WITNESS
lie Ailirns That the Ore Taken out
Was Of Low Grade With Much
Wastc-Must Show Payrolls.

Ia the barring Of the secrets " the
underground workings OF Tom Kearns,
David Keith. ct al combined az the
Silver King Coalition company which
is now cXcusing itself for the taking
away Of jointly-owned orc without di-
viding dividends. the Introduction Of
the company's pay rolls for the period
from March. 1902 20 June. 1908. is the
feature Of the hearing before Examiner
Christy today.
Tho matter OF the pay rolls was in
terjected by the counsel for the plain
tn tho Silver King Consolidated COM
pany, this morning when tho hearing
OF the case was resumed with David
Keith on the stand for tho conclusion
Of his testimony The plaintiff wanted
to see the payrolls for the time the ore
was being extracted from the Jointly
owned property but without the
knowledge OF one Of the landowners.
the plaintiff. and with some magnanimi-
~ the request was granted, but with ths
proviso that n the purpose was % oD-
tain the names OF workmen that could
be called in as witnesses. the names OF
such would be- covered up, presumably
just as the maps were. while the list
was scanned.
Counsel for the plaintiff refused 10
disclose tn purpose for which the pay
rolls were wanted. but Mr.. Keith was
asked and through his counsel agreed
TO bring the payrolls into court this
afternoon Just how much Of the pay
O.. a.
is the basis Of "a fought-out skirmish
between the counsel for both sides
Like Tom Kearns, e2- senator. owner
Of "a newspaper and who makes a bust
ness Of being general manager OF
mine with the incident exploration
trips underground, Mr. Keith today al
mitted that while he r. heavily inter
ested In mines he doesn't know much
about the details-but the admission Is
made with more inesse than shown by
KearDs.
NEVER ORDERED CAVE-IN.
In the brief time Mr. Keith was on
the stand this morning he was posi-
tive that he had given no directions
or orders for the caving-in OF Par
sons stope after the ore had been eX-
tracted. nor had he az any time found
any bulkheads there. Even with his
little knowledge ~ mining he knew
that the Caving Of a tunnel, drift or
something else was resorted to. but
generally for the purpose Of diverting
the air channel while he did not
know until after It all happened. yet
ne thought that Parsons stope. where
the Jointly owned ore was taken from
without an accounting. might have
been dynamited I'm order 10 make II
safe He had known that work was
being carried on through Parsons
stope, but II was for the purpose Of
discovering the main body ~ ore. In
affirming that no profit had been de-
rived from the orc taken out OF the
icintly-owned property Mr.. Keith
rather meeklv confessed that 'it
would have been 10 our advantage 20
have kept separate accounts"
DAILY on THE STAND
Under cross-examination Mr. Keith
admitted that the management Of this
mine and the details Of the workings
underground were left 10 either Mr.
Kearns or MT DAILY, the assistant to
Mr. Kearns.
Before Mr.. Keith left the stand the
question OF the pavrolls with the
parryng Of the counsel. came ny and
the rolls promised To be produced this
afternoon
Following Mr.. Keith. Frank DAILY.
foreman Of the Silver King Coalition
mine was placed on the stand for
direct examination For two hours, he
under tho coaxing Of the defendants
attorney showed his knowledge Of the
underground workings of the Kearns
clique and when the noon recess was
taken had got as far as being able ia
state that the ore taken out Of Par
sons stopc was or an Inferior quality
with lots OF waste. The case is still
on this afternoon and will continue for
several weeks to come, at least I'm the
taking OF testimony.