Weekly journal-miner., 1919-11-05
FOUND GULL TY OF
 EMBEZZLING
(From Tuesdays Daily)

w dllSl N1' LJ Olloj Pi iSSiuSiIl Ol tllC Eagle Gold Mining & Milling com pany, accused by shareholders in the corporation of fraud in his disposal of funds of the company, was coI,- victed of embezzlement by Jury In the Superior court last night.
 The jury, having heard the sum ming up during the afternoon, retired and following the supper hour, got together and rendered the verdict.
 A money-raising trip to Los Ang- eles, during which Lyons was said to have spent company funds on enter tainment at Vernon, where he became intoxicated and remained so, and varI- ous check and telegraphic money transactions, figured ill the testimony which was being taken up 10 mid afternoon yesterday.
 Lyons was the principal witness yesterday, taking the stand in his own behalf. His testimony sought to es- tablish that the money used by him was his own, and was paid to him in order to secure the mining claims of the Eagle group, controlled jointly by Laird and Scholey, the latter repre- senting the interests of an estate. l That Laird and Scholey would give him deed at the proper time was the belief of this witness, according to his testimony, and he had contracted to deliver a deed to the property when the estate, option and similar bars were satisfied.
 Ben Rybon was called to the stand, and further than stating that he could not remember any reference to the "Thrasher report" of the Eagle prop critics being made i'll the one meeting 1 of the company which he remembered attending, no new information was elicited.
 The state successfully prevented introduction of any evidence as to conversations between stockholders or misunderstanding had outside the regularly convened meetings.
 Opening for the prosecution, Attor- ney Neil Clark stated he took no stock in Lyons claim that he held options on the mining property in volved in the Eagle group, or had any intention of doing anything more than obtain a fund for his own purpose by clever and false representations, made to a group of hard working men and women of this district and having raised the money he proceeded to spend it for high living and whiskey. l Attorney E. H. Loveridge, for the defense, took the jury to the mystic mirror wherein the gazer sees dis | torted vision of himself, and likened the address of the states counsel to the unfaithful representation of the subject presented as given by such a mirror.
 l. Reviewing the testimony of George 5chol, 7 that he had given Lyons II verbal option on the Eagle group, | $l00 cash and other considerations having been paid, counsel contended that a written agreement was not given because all estate was involved, the formalities of publication and court vising would have been render ed necessary, with the consequent de- lay and expense. Also Scholey's tes- timony, supported by Lyons showed that Laird likewise had given the de- fendant an option on Laird's interest in the group.
 Stating that the mining game was no new thing to the men who went into this company, counsel contended that these men knew that Lyons had this option all the time, and that | Lyons was going to pay Scholey and Laird the sum of $3,500 therefor, and to receive S5,OO0 from the organiza- | ton for the option, the $l ,5OO to be | promotion gratituity for the services 3f the defendant i'll introducing the investors and such other money as he could attract to the development of the Eagle Mining & Milling com panys schemes.
 Stating that the organization had elected a treasurer, 1t was or should be patent to the jury that It this money had not been intended to have been paid to the defendant for this option. the funds would have been de posited in the name of the treasurer, | A. w. Shuler. And the fact that the money was paid over to the detenu- ant, Waiter NJ. Lyons, and was sub feet to his check and control without | supervision by any of the officers ot the company or any countersignatures being required, implied that the funds | from which the money was drawn by checks and telegraph now part ot the states exhibit, were not those of the Eagle corporation.
 Counsel placed the blame Tor the Los Angeles trip of the defendant and Shuler squarely up to the latter, stating that when the money for the full satisfaction of the option referred to began to come ill a little slow, Shuler spoke up: If 1 can go 10 Los Angeles 1 can raise the money" | Shuler had no money, Lyons paying his way The defendant went openly and with Shu1er and for a definite purpose understood by the members of the corporation. Lyons was In communication all the time with members of the corporation.
 As to what did happen in Los Ang- eles. counsel contended that the de fendant had made an honest effort to raise the money, and only when he found that Lyons was a dead weight and in the habit of getting drunk, and 1 -.,-. t,;,,, b,cL- to Prescott did Shuier