Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-17


QIAnd as you say. you have bought
whisky for him?
Ayes, sir; and paid for as much of
II as he ever did for me.
Q-But In all your friendly drinking
| bouts you never told Mr.. Spiro That
| ground in the Vcsuvius that your COM
pany owns an undivided half of and
we an undivided half, we are mining
that ground out?"
A-No. sir. / did not
Q-And you never invited him down
to sec the Parsons stope?
i Al never refused him permission
and he never asked me.
Odd you ever ask him to go down,
i L say?
| A-No. sir. not to my knowledge.
Q-Without his asking to go down?
| A-No. sir; never did invite him
| down in all my acquaintance with him,
| and have told you 50 about five times.
| I never did. but I never refused him
! to my knowledge.
Q-Now, I have not asked you five
times. but the first time you answered
he did not. and now you say not to
your knowledge.
Ayes, sir.
Q-You know very well you never
did invite him down TO see the work
| ings?
A-Well. I don't know that I could
remember everything ] said during all
these years to Solon Spiro. but to my
knowledge / do not remember inviting
him
Q-You never forgot yourself so far
in your social relations as to tell him
you were in that ground?
Ale never asked me about It,
Q-But you never told him without
his asking you?
A-No sir.
o-And he knew nothing about IT?
A-Certainly, of course he did
Ole did not know of 1t at all?
Ayes, he did know IT.
Q-How do you think he knew it?
Al know very we'll he knew it, He
had these Scotland Yard miners that
he had hired and paid to find out and
/ can put on the stand the man he paid
offered to pay. TO tell about 1t, and
as he had paid these men I suppose
he knew II
Q-But he never did go down there
did he?
Ale could have gone down there.
KNEW 1T FOR FIVE YEARS.
Q-when did you find out that he
had hired Scotland Yard miners
A-When they came down and told
about it.
Q-when did you discover that he
had done that? When did you first
know that he had done that?
Alive years ago.
Olive years ago? And knowing
that. still you never said to Spiro:
Now | will show you what we have
to do that come right down and l
will show YOU that ore and show you
there is nothing In it."
A-Had he asked me I might have
done it.
Q-You might have done it?
Ayes, 1 might have done 1t.
don't know of anybody that was ever
refused admission there when there
was no litigation pending. 1t has al
ways been the policy of the company
to extend such courtesles to Mr.. Spiro
and everybody else who has ever asked
to go down and see the mine.
Q-Did you give Jim McGregor ac-
cess to your mine?
Ayes. sir
Q-But before he had such access to
the mine you sealed up the entrance to
his ground?
Ayes. sir.
Q-So that he would not know that
you had been in there?
Ayes. sir.
Q-Are there any places sealed UP
the claims?
A-No, sir.
Q-There are not?
A-No. sir.
WHEN KEARNS REFRAINED.
Q-When did you refrain from doing
that?
A-Well, when the conditions did not
require It,
Q-When 1t was discovered that you
were doing 1t only, was it not?
A-When there was no necessity for
it.
Q-When the necessity requires. then
you do 1t?
Ayes, sir.
Q-That is, when you entered land
belonging to McGregor's company. and
you did not want him to know what
was inside there or that you were
inside of it. you sealed it up7
Ayes, sir.
Q-So that he would not know 1t?
Al ordered it sealed up.
Q-Of course you did not do it your
self but you afterwards saw 1t sealed
up?
A-Sure.
Q-And every one called it a good
job?
Ayes. sir: sure 1t was,
Q-It was calculated to deceive even
a miner?
A-No. sir.
Q-Then what do you mean by it
being a good job?
Affixed so that nobody could take
any ore out OF do any work in there
until we traced out the vein.
Q-They could not tell that there had
been an entrance there at all?
A@Thcy did
Q-They did; yes, finally
Ayes. sir.
Q-They discovered it after long
effort
A-Well. I don't know how much of
an effort was made, l was not there
all the time.
Q-You were not there? Now. before
this suit was brought In which this
testimony is being taken, didn't Mr..
Spiro write you letter asking leave
to go into the mine and didn't you re-
fuse this request?
A-Before suit brought?
Q-Yes.
A-Not to my knowledge.
Q-Not to your knowledge. you say?
A-Not to my knowledge until the
litigation was given out.
Q-The suit was not then fled
A-But up to within a month of the
time suit was filed we had not.
Odd you. month prior TO the llti-
cation being commenced, or until the
suit being actually commenced. did you
rocaiyo a letter from Mr. Snlon Sniro-