Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-08
Such Says Engineer, Was the
Scheme of Kearns and
Keith.
BULKHEAD BUILT IN MINE
1t Was Clovcrly Disguised US Native
Formation, but Afterwards Removed
-DcniaIs and Then Admissions.

Don't you think that bu]lehead was
cleverly constructed? And then he
laughed and joked about it." is what
L, G. Burton. civil and mining engineer
attributes to David Keith. president OF
pany, In tho famous case In
which tho Silver King Con-
solidated Mining company asks
damages 10 the amount OF flyo
and one-half million dollars from Tom
kearns. David Keith and othors who
are Interested Testimony is being
taken before John w. Christy, exam
iner of the United States district court,
to determine the amount of ore alleged
10 have been taken out OF the forbid
den territory, Its value, and the cost OF
milling,
Engineer Burton testified that he WAS
employed to inspect and examine and
survey the underground workings OF
the Silver King mine, the defendant
company. He sold that on Monday,
June is. 1908, In company with Solon
Spiro. Mark Smith, W. c. Browning
mine and mot with NJ ]. DAILY, tho
assistant superintendent OF tho silver
King.
MIR. Daily took us down to tho 700
foot Lowell" said Mr. Burton, "but
stopped us at what he called the dead
line. 1t rendered any inspection i'm
possible, This Same procedure was
followed on tho sOo-foot level. There
seemed to be a disposition to prevent
US from seeing tho real workings OF
tho property I was familiar with tho
properties of tho Magnolia and the
st Louis. adjoining, as l had been
tho surveyor In charge OF those prop
critics.
II was furnished map of the un-
foreground workings OF the Silver King
which 1 was told by Mr. DAILY was up
to-date In every respect Mr.. DAILY in
formed me that once each month sur
vcys wore made of the new workings
and that these were placed on the
map.
THE MAPS INCORRECT.
The map was incorrect and did not
show the workings on the 7O0-foot
level. which, l afterward found,
penetrated both the Magnolia and the
St Louis mining claims. In company
with James McGregor, president of
the Magnolia and St Louis Mining
company. we found bulkhead. 1t
was clearly concealed and only de-
veloped its existence after much time
spent In It's inspection. It was of
cement and had an imitation Of the
natural formation.
Both DAILY and Kearns denied the
existence of this bulkhead but after
ward DAILY acknowledged It He said
that he would have 1t removed, but
would not allow us to stay to witness
this We went back to Salt Lake and
10 days afterward returned to the
mine. The bulkhead had been remov-
cd
Beyond the bulkhead we found
about 500 feet of underground work.
ings, with levels extended entirely
across into the Magnolia and the st.
Louis properties. where a vein was on
countered. There were drifts made
hundreds OF feet and much ore was
extracted. Afterward they denied the
existence of 1.150-foot level but
later Acknowledged 1t when We per
sisted and showed them that 1t was in
existence. A 5o-foot stope, afterward
developing into 900 feet. with many
laterals was also found"
Tho famous suit was filed May 26
1908. and has bcen continued from time
to time. Tho evidence being taken be-
fore Examiner Christy Is for the pur-
pose of determining the amount OF ore
alleged to have been taken out by the
defendant company. its value. and the
net receipts from the alleged working
of the Magnolia and st. Louis prop
critics. The case Is being fought to
the last ditch by the most ointment OF
mining counsel 1t is probable that
the taking of testimony will consume
another week at least before the ex-
aminer. when 1t will be returned once
more to the federal court