Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-02-21
KEARNS DID NOT
TESTIFY TODAY
Shiftboss Allen the Chief Witness,
Giving Only Technical
Detail.
BUSY LOOKING UP WITNESSES
Called on 10 Explain How Testimony
Agreed With His In Facts and Fig
urcs il Not Discussed.

Except for an inciplent tilt between
counsel. there were few features in the
continued hearing before Examiner
Christy this morning of the suit of the
Silver King Consolidated Mining COM
pany against the Silver King Coali-
tIon Mining company. In the previous
hearings of which admissions of falsi-
fed maps and other sensational devel-
opments regarding the Extraction of
ores from jointly owned property with
out the formallty of profit sharing
have caused quite a stir. Erstwhile
Senator Thomas Kearns{ and his as
sociate, David Keith. were both pres
ent during this mornings session. The
sometime senator's deportment was
not marked by n superabundant pla-
cldity. but his interest was keen
throughout, especially SO when a for
iner shift boss in his employ, Allen.
was on the stand testifying In tech
nical detail of the work done In the
area under consideration with partic
ular refernce to the Parsons stope En-
gineer Brooks. who testified as to tho
maps which purported 10 show. but
which did not the actudi conditions In
chair this morning. His testimony
today had to do with dates upon which
surveys we're made In the mine and as
TO quantities of ore extracted.
TELLS OF WORK DONE.
Mr.. Dickson, of COUNCIL for tho de-
fendant corporation. called Mr. Allen 10
the stand in rebuttal. He went into
much detail as to the work done In the
areas under consideration. explaining
by indicating on the model of tho
workings the points being considered
In the testimony. He said that .he
greater part of the ore Extracted was
known as first class and milling ore
He was further examined by Mr. Nc
MILAN, of opposing counsel, bringing
out little new testimony. 1t was at the
time Mr.. Mcmillan was Examining the
witness that Judge Dickson interposcd
an objection to the ground being COW
cred in the testimony, saying that il
he'd been covered in detail before. The
objection brought out lively, though
brief. TIT, The witness had testified
as to e9rtain work done In extracting
ores, the manner OF enterinS the
ground and the location of the opera
tions when Mr. Mcmillan thought he
had caught him with contradictory
answer. asking him why he changed
his testimony with regard to how tho
ground was entered. The witness en-
changed his answers. apparently with
slight satisfaction to examining coun-
sell
DID NOT OFFER GOOD JOBS.
Mr. Mcmillan drew from the wit
ness an admission that he had been
quite busy at the instance of Mr..
Kearns' counsel, seeing witnesses In
Park City who would testify for the
defendant Allen denied that he had
promised good Jobs for those who
would testify. He specifically denied
that he had promised one man desired
as a witness a good job for two years
with the Silver King mine" If he
would testify for the defendants Mr..
Mcmillan was unsuccessful In obtain
ing from Allen an explanation as to
how 1t transpired that witnesses with
whom he had talked, subsequently tes-
tilted to the same facts and figures as
those testified by Allen, If he, Allen.
had not discussed the case with them.
which Allen declared was the case
This had to do particularly with wit
ness Nell. who is confined to his bed
at Park City and whose testimony
was secured at his home. Allen ad-
mitted visiting Neil and telling him
that he was to be called upon by
the attorneys seeking his testimony
Allen testified in response to a ques-
ton by Mr. Dickson that 1t was at tho
request of Mr. Keith and others that
he had been busy looking up wit
neSSeS.
BROOKS CORRECrS TESTIMONY.
Mr., Brooks when recalled asked
permission ot correct former answer
in regard to what is shown by Exhibit
XIX, saying in correction, that what
he meant to say was that the exhibit
showed the condition in the areas un-
der consideration up to the date
shown on 1t. and not up to date" as
he had testified Mr.. Brooks testi-
mony this morning, upon request of
Mr.. Mcmillan. was with regard to
dates OF surveys made by him and
their extent and as to the quantities
of ore extracted. f,l-,4
While Mr.. Brooks was on the stand,
Mr.. Kearns left his scat at the side OF
Mr.. Keith and INDUCED in close con-
versation with witness Allen. both the
meanwhile fumlng vigorously on long
and mild cirgars. cigars which seemed
TO come from some recess within the
former senator's habiliments. with no
immediate prospect of diminished sup
ply.