Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-18
sWEARS HE WILL BE GOOD
While Under Oath He Promises
To Stay Within His Own
Boundaries.
Former Senator Kearns OH the Stand
Today Before Examiner Christy
Tcstifies With Great Care.

BY his language admitting that he
had been Smoked OUT by the news
papers, former Senator Thomas Kcarns
this morning said that he intended to
"be good" hereafter. and that he would
no more prospect on other peoples
claims whose side and end lines ad-
joined the properties owned by him.
The statement came as tho result of
a, hot line of cross examination con-
Quoted by E B. Critchlow. attorney for
the Silver King Consolidated Mining
company In It's suit against the Silver
King Coalition company to recover tho
value of vast quantities. of ore alleged
to have been Illegally extracted from
joint property. and for which no ac-
counting had been rendered by the
Kcarns company. the defendant.
Mr. Critchlow was seeking to draw
from the witness 3how much ore re-
manned In that portion of the Silver
King mine included above the 1.So0-foot
level and below the .1GO-foot level. and
between the Donkey winze and tho Tag
raise. which is understood to be terri
tory claimed to re the Joint property
CT the companies TO the suit.
"How much ore remained there2"
asked Mr.. Critchlow.
1T had all been worked out" said
Mr.. Kearns.
did you prospect around to find out
If there was any more ore to be had?"
asked Mr. Critchlow.
the attorney and with set teeth and
blanchine face s;st said. = r
After being made such and awful
rascal and thief as the newspapers say
l am, / will hereafter respect all the
side lines and end lines OF any claims
adjoining the Silver King properties,
until this controversy is settled.
I'm other words, you did not respect
these lines before said Atty. j.. B
Crtchlow. who was conducting the
oss-examlnation OF Mr.. Kearns.
IT did not say that" said Mr.. Kearns
ONLY A SAMPLE
This was but a sample OF several
word duels fought between counsel fol
the Consolidated company and the
| general manager of the Coalition COM
| pany in the examination which is be-
ing conducted before Special Examiner
| ], w Christy IN the federal building
| this morning.
| Mr Kearns said that in his opinion
| all the ore in the Silver King part
| had been worked out, but admitted
/ that the surrounding ground was u1
| such a character that he would pros
| pect 1t in the hope OF finding additional
| ore bodies In fact he said he had s1
| pended large sums In prospecting ;hi'
| ground. and had not been reimbursed
by the Silver King Consolidated COM
| pany.
Il spent n great deal of money IL
! there without any results" said Mr.
| Kearns IT did not receive any re
J muneration for the work In the Yes
uvius ground and do not propose t.
prospect any more while the case Is IL
| litigation. Unless we are lucky enough
to purchase that portion of the grount
| I would prefer that Spiro do the pros
| pecting / have been made out such
rascal and thief by the newspaper
that / will respect the side and en-
lines hereafter"
Did you put in any charge for th'
prospecting work?' asked MT Critch
low.
NO sir, did not" replied Mr.
| Kearns.
why didn't you?"
"Becnuse l did not expect they woul'
pay me-" said the witness. II expected
10 lose the amount unless 1 could talk
IL out of the country"
so you took the ore out to pay yo'
for the work of prospecting?"
1T knew I would not get 1t any Other
way"
"DId you render an account of the