Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-18
Interesting Affidavit in the Silver
King Coalition Litigation
Now Under Way.
CHlCANERY AND DECEPTION.
After Sometime Senator Had Yielded
Reluctantly to Mandate OF U. S.
Court Developments Follow.

inently identified with the mining In
dustry of Utah. that the owner of the
Silver King Consolidated Mining COM
pany might examine the underground
workings of the Silver King Coalition
Mines company cor which Mr.. Kearns
is general manager) in order to satisfy
himself that there had been no theft
OF several millions of dollars worth
Of ore. 1t required an order of the court
to force, or rather permit the examIna-
tion. The sometime United States sena-
tor. however. as represented by his as
slstant manager. yielded reluctantly to
the mandate of the United States court
The story of the joint ownership of
the Vesuyius Mining claim. claim
owned jointly by the Silver King Con-
soldated Mining company and the Sill
Yer King Coalition Mines company.
and the charge that the latter COM
pany. headed by Tom Kearns. stole ore
from the Jointly owned mine. is a long
one, with many chapters Chicanery,
deception and with the avowed inten-
tlon OF purpose to deceive form threads
running through the woof and web of
the whole tale In which an accounting
Tor several millions of dollars is asked.
ore of the most interesting chapters
IS told in the affidavit OF MI. l.. G..
Burton, on file in the United States
court
Under the stipulation entered into
and upon the order of the court. Mr.
Burton. as engineer for the plaintiff
company, entered the Silver King mine.
His experience is told in his affidavit
which follows:
BURTON'S DEPOSITION.
l.. G. Burton, being first duly sworn.
deposes and says:
1 am 81 resident of Salt Lake City
md a civil engineer and United States
mineral surveyor, and have been such
for more than 20 years last past; 1
have been employed by the plaintiff
nboye named to Inspect, examine and
survey the underground workings Of
the Silver King mine OF the defendant
company for tho purpose OF ascertain
ing IL any of the workings thereof
were projected to and beneath the
surface OF the mining claims OF the
plaintiff company mentioned In the af-
fidavlt OF Solon Spiro filed herewith.
HHu IL 50, 10 -QGIcTI1lU0 Ine tNlGnI OIL
such underground workings,
That on Monday, June 15 1908, In
company with said Splro. Mark Smith,
w. G. Browning and Hugh Mcdonald
went TO the said mine of defendant
at Park City, arriving there about
1870 O'Clock a. m of said day, and VIC
informed NJ. j. Daley, the assistant
manager OF the defendant. that we de-
sired TO go down the shaft of said de-
fendant and commence our work under
The stipulation mentioned In the az
Hdayit of said Spiro: said Daley in
formed us he would take us down after
lunch, at about l o'clock p. m, we
were. at the request of said Spiro.
taken down to TIE 700 foot level I'm
said shaft by said Daley where We
stepped of the cage and had gone
pnly about 10 feet from the shaft when
we were stopped by said Daley Ind
told that we had reached the dead
hne beyond which we would not be
permitted to go: thereupon said Spiro
called his attention to said stipulation,
md read portions of said stipulation
10 said Daley, but the latter informed
us that there were no drifts or work
lngs leading from said shaft to e.ny
pf the said property or properties OF
plaintiff, and that therefore he would
not permit us to go any further: that
faid Spiro. in answer to the enquiry OF
W.
Tho 900 foot level, and we were there
upon lowered to said level and again
stopped by Daley within a few feet Of
The shaft, and he again Informed us
hat he would not permit us to go fur
lher. that in answer to the inquiry OF
Baid Spro Daley Informed us that ne
would take us to any level In said
nine. but would not permit us to go
into any OF the drifts. tunnels or other
workings OF said mine beyond the sta
ton in and near the shaft: that he WAS
working under the directions OF the
attorneys and general officers of the
defendant company and must obey
their Instructions: said Daley first in
formed us that he had never seen II
ropy OF said stipulation and knew 10th
Ing about its terms, and asked permls-
ZION to take a copy of the stipulation
which said Spiro exhibited to MIN;
when said Spiro Informed him that n
sopy OF said stipulation had been sent
10 the defendant by registered mail ad-
sressed to Park City on June o. 1908.
he denied having received 1t. but before
ne loft him said Daley said he vas
familiar with the terms of said stlpu-
htIon and had copy thereof In his
possession
FAMILIAR WITH NINE.
am somewhat familiar with the
main working shaft and underground
workings Of dcfcndants said mine.
having been employed by the Magno-
last. Louis Mining company az its
iurveyor to inspect. examine and sur
rey the said mine under and pursuant
20 Il stipulation and order OF this court
In tho suit entitled Magnolia-St. Louis
Mining company vs.. SILVER King MIN
ing company Thomas Kearns and
David Keith defcndants. that said
Silver King Mining company Is the
predecessor in interest OF the defend
ant In this action: that snid Thomas
Kearns WAS the general manager and
kaid David Keith WAS the president of
the defendant in said entitled action,
and each OF said persons hold the same
positions for the defendant in this ac-
tion; that at the time I made the cx-
animation for said Magnolia-St. Louis
Mining company to Wit: - 1905. un-
der said order. / WAS shown map b!
.aid NJ j. Daley. who then held the
tame position for the defendant In thai
Lotion that he now holds for defend
mt In this action, and who In the afii-
aav1t filed in said action, now on file
Ia the clerks Office OF this court, stated
that he had been in entire charge and
control of said Silver King mine from
ApriI 1899 TO November. 1906. that said
bailey and g. +. Brooks, who was
hen the surveyor and engineer OF the
Ilyer King Mining company and occu-
,ies the same position now for the de-
lendant in this action, stated TO M
liant that said n.a.i was true and
torrect and up-to-date map OF the un'
lcrground workings OF said mine; thai
laid Brooks informed mo that once
ZACH month he made survey OF th'
H.