Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-19
KEARNS' MEMORY
RATHER ERRAT|C
Uncertain as to Just When He
Was Elected U. S. Senator
From Utah.
FoGGY ON OTHER DATES TOO
Exhibits a Native Charm OF Ingenious
Uncertainty and Fails to Under
stand Questions by Counsel.

That the fact that once upon a
senator is fast dwindlIng away in the
obscurity OF forgetfulness. was inter-
estingly elected from Tom Kearns
this forenoon under the interrogation
les OF counsel In cross-eXamination In
the now famous Silver King suit. Ac-
cording to the inference given the
wearing OF the senatorial toga is all
but forgotten. and Its sometime wearer
only thinks he was elected in
January. 1901. isn't at all sure when
he got to Washington or when he was
sworn In. but recalls that he stayed
in Washington until March of that
year.
The echo OF the senatorial honor.
dimmed now by its forgetfulness. came
up in the attempt to bring to the eX-
senator and mine managers mind soma
recollection of whether he had super
intended work being done within his
own mine, the sinking OF shaft from
the LOO to the 1,300-foot level. and
supposed TO have done in 1901. Mr..
kearns was understood by counsel Tor
the plaintiff to have said that he per-
sonally superintended the work in the
carly part of the year 1901. 1t was
something of a puzzle for the counsel
to understand how Kearns could do
that and still be busily engaged with
the political wire-pulling Incidental to
the election of the senator and then
be in Park City and Washington, D. c.,
at the same time.
TYPICAL ANSWERS.
In beginning this mornings cross
examination Mr. Critchlow asked Mr.,
kearns:
You were elected to the United
States senate in 1901. were you not?'
Il think So" was Mr.. Kearns's re-
sponse.
Mr.. Kearns then admitted that he
had established headquarters" in Salt
Lake prior to Jan. l, 1901. for the pur-
pose of promoting his interests.
You were very busy at headquarters
at that timer" suggested Mr.. Critch-
low. -Ts.-r--a--7-l.ss,l = 49, --i-----.
Very bugy," was the answer
AS to the date of his election to the
U. S. senate Mr.. Kearns thought sit
was sometime in January. but do not
remember just the date HOW"
When asked If it was not earlier than
Jan. Is, Mr. Kearns replied. II would
not say. 1t was sometime in January"
The sometime senator was also un-
able to give the exact date when he
started for Washington and in his own
words: II don't know whether was
sworn in in January or not
mt NJ
Kearns before Examiner Christy yes
terday afternoon and this forenoon was
still along the main lines of testing
his knowledge as general manager of
the workings of his own company as
they referred particularly to creeping
under the Vesuvius claim and extract
ing ore that properly belonged Jointly
between the Silver King Consolidated
Mining company and the Silver King
Coalition Mines company. the latter
Kearns' company.
LAPSES OF MEMORY
With his native charm of ingenious
uncertainty or failure to understand
the question as put to him, and the
continually recurrent lapse Of NOM
ory. Mr.. Kearns assisted materially
In dragging out the examination.
In the long line of questioning.
through which was admitted the fact
that Parsons stope" had been
thoroughly developed and exploited
by the defendant. the value of the
ore abstracted could only be cleaned
as perhaps sufficient to reimburse the
defendant for the work done. Mr..
Kearns was certain that no more ore
had been taken than sufficient to pay
for the work done, but was little
uncertain as to whether the amount
would exactly cover the cost-he
though, however. II had been suffi-
cicnt He admitted further. however
that the work done In connection with
taking the ore out OF Parsons stope.
and the value of which remunerated
the defendant company, now served
thcm to handle the ore out of the
Jewell ore body. in which the plain
tin has no interest.
HARDLY PREPARED TO STATE.
With customary faulty Mr. Kearns.
on tho stand. is frequently at a loss for
reasons. When asked why. when he
found the orc deposit In Parsons store,
he Ind not Informed Mr. Solon Sp.ro.
OF the plaintiff company. and joint
owner with Mr.. Kearns' company, the
former senator was mot prepared To
state why 1 did not tell Spiro'' A
minute later he gave as "one OF the
reasons the fact that II was absent
from the state" He had had no in
clinatlon to use the postal service and
although Mr. Spiro wrote to him ask
ing permission to make survey os
the underground workings at the mine
1t was ignored TO some extent for the
reason they never come to me and
asked me-"
Correspondence was introduced in the
examination yesterday afternoon show
ing that Mr.. Splro had asked permission
to make the survey. the granting OF
the request. however. being DELAYED
until Mr., Kenrns could make IAN in
tclligcnt investigation" Mr.. Kearns
explained In this connection that he
was aware OF the workings under the
Ncsuvius and Andes claims but that
he was not sure about the Delaware.
Custer and others. and wanted TO
make sure OF no openings"