Omaha daily bee., 1910-09-25
Council Bluffs
HMM Sui BLFORL COURT
Federal Judge Hearing Dispute Over
Claims Of ~Grubstaked- Men.
HOLDS light SESSION
Att"rney- Uru-a to Expedite Ca-e in
Order TO F-ruft ClearfnE Up
Do-ker At ~ Earfy
Date.

Judge T. C. Munger u Lincoln. VINO Is
finishing 10 the september term of federal
court Tor Judge -mitl McPhersuu. to0k
decisive steps last evening ru sxpesiite mat
rers- He ordered the attorneys IN ne suit
Of ". L. Tanner against the individual
members 1f the Frank Augustus Invest
ment company. a Colorado corporation. 70
Be ready Co hold a niE1t session NJ the
court iH The hone thar tine cize might De
concluded tonight YESTERDAY was the sec-
and dav u the trial and Judge Munger is
beginning 10 grow impatient soms of the
Attorney particularly Mr. Buraank OK
Omaha vino b. lookinE after the interests
OF the plaintiff demurrpd a little ard suE-
gested thar perhaps some Of the jurynen
might have made social engagements for
the evening Judge Munger inmtHateiE
Questioned al n them ana found only one
nan VINO said he had made arrangement
20 spend a pleasant evening with friends.
but unat ne would sacrifice his personal
pleasures In the interest 1t uns c0urr- The
order vas then gwen f0r the trial % De
resumed a. - O'Clock
By agreement uf the attorneys. the re-
maining equity cases viii not be .-tsd to
jury The jury had been summoned 90
hear the s'lit assigned for tl1al f1ii0winE
the present hesrtng but Judge Munger dis
charged rhsm amt remaining members Of
the petit panel not engaged On the -emain-
ing case
The case on r7al is Of considerable local
interest on account Of the pr1minence Of
the defendants. ur r. Hanna ami o. c.
Voilstsstt Of Walnut aud - z Bourbon OF
Atlantic several years azo they -'Ez-ub-
staked some mining DrosDectors who hasl
heid out silur1ng possibilities Of wealth In
/ the discovery and development % mines IN
Colorado In the course OF time the Iowa
Z men were Induced TO form an Incorporation
I under the avs OF Colorado known a. clc
3 frank Augustus Mining Investment Gum
pAny. The grubsJake money was soon
exhausted by Tanner and his sssoci ates.
and another small amount was advanced
!. but wnen IL became apparent rhar the
existence Of the pay streak was verv uucn
IN doubt the Iowa men refused to advance
any more funds 20 me prnspectors OF the
Investment company. Their defense IN the
present action Is that the pruspect1rs wenl
anead and diu a large amount OF so-caIied
developments Work. mourning debts almost
entirely FOR labor amounting 10 about - sas
r aiiing 10 get a settlement with the invest
ment company, Tanner procured the assign
ment OF all the claims 10 himself anc
brought suit in ne Iowa federal cour
against the individual stockhniders OF IN,
company. the three gentlemen named
The evidence is largely OF the nature %
r dispositions taken in Colorado. but yester
] day the plaintiff had two OK the Defendant
ON the witness stand for long ana Cruel
ing examination. out in the cruss-sxa nina
l dun by their attorney a l. Preston o
AFocz- they made a cresiitabie showing
their own favor. which viii be rtlrthe
/ strengthened by their testimony in thea
!. own oenalL The defsnae only mas tire
= dispositions and three witnesses ana IN
4 case viii must probably reach the iur-
: tonight