Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-10-14
SILVER KING CASE:
ARGUMENTS OPEN
------------ --- 1870
Attorney Herbert R. Macmillan
Arraigns Principal Owners
In Big Suit.
QUESTIONS THEIR vERAClTY
Claims Plundcring of Pnrson stopc
Was Deliberately Planned ana
Ore Erandulcntly Extracted.

When Attorney Herbert r. Mncail-
Ian opened the arguments for the
plaintiff this morning in the case OF
the Silver King Consolidated Mining
company against the Silver King
Coalition Mines company. which is
being heard by Judge John A. Mar
shall in the United States district
court. Thomas Kearns, David Keith,
the principal owners, and Foreman
Mike j. DAILY and Charles p. Brooks,
engineer and surveyor, were arraigil-
ed and their veracity question:
ed as witnesses in the case. AS their
testimony stood upon the records, Mr.
Macmillan declared that 1t reflected
upon them and then read extensively
from the cross examination OF these
men to show that the plunderng OF
the Parson stope In the Vesuvius
claims. owned Jointly by the two COM
panies. had been, deliberately plan
ned and the ore fradulently extracted
and then every. means used TO hide tho,
theft - K e Y III 4 If Il ,5j 3
Atty. w H. pickson.sSifin represents
the kearns interests, objected to the
line OF argument and IL was submitted
to Judge John A. Marshall.
Atty. Macmillan declared that on
account of the action of these Wit
nesses In the service of the Coalition
Mines company that the plaintiff had
encountered all kinds of trouble in
getting at the facts of the case. He
declared that they had forced an ac-
counting OF the facts upon them, re-
fuslng to produce records. and that
the records that had been produced
had been framed by these. men for the
purpose of deceiving them and deceive
ing the court.
After Mr., Macmillan had stated the
purpose of his argument, Judge. Mar
shall said that ne had right to show
legitimate evidence that bears upon.
the witnesses.
KEARNS'S ETHICS.
AS q sample of the ethics of Thomas
length the testimony OF the former
United States senator under cross
examination in regard to the man who
told MacGreSor, owner of the ST. Louis
claim in regard to the looting OF his
property by the kcarns crowd The
miners name was Burns, and was em-
ployed by 1iearns to put In the bulkhead
which obstructed the workings. Keafns
declared that such II man who would
work for one master from whom he
received money and then accept money
from another master to tell what no
had done. was n Scotland Yard min
err in Kearns's testimony it was
further shown that the witness de-
clared that 1t was perfectly honest for
miner to sink n shaft into another
mans property and take the ore under
orders but that It was dishonorable to
tell the party about it who was being
robbed.
The testimony showed that when
Ilearns was asked il he thought that
1t was crooked to take the ore. he was
ievasive. The question was put to him
n number of times. and then the final
question and answer read
5"Do you, Mr.. Kenrns. think that It
was crooked to take the ore 2"
MIR. Kearns--Do you? #t
Atty Macmillan took up the tcsti-S
mony Of Charles p. Brooks and dis;
sected it. He showed where Brooks was
scornered on number of things and
read thefadmssions he made In regard
to the surveys OF the workings of the,
Parsons stope. and the surveys made
OF the workings Of the MacGregor
stope which had been Quilted. Fore
man Daly's testimony was also gone
into by Macmillan
During the afternoon session, Ally
5MncNiilianl entered into. the merits of
the plaintiffs cnse, He Will probably
finish his argument saturday morning.
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