| Show THE SCORCH POLITE Lively Tit in the Live Pine Mining Case REPUTATION VS REPUTATION The Coon Case In Which There are Several Fine Points Is Now on Before JUdge Zane The hearing in the contempt proceedings in the case of the Live Pine Consolidated Mining company Liberty E Holden and Albert E Holden was resumed in the Third district court yesterday morning The action ac-tion was brought originally to determine the ownership of valuable mining property in Bingham Pending the trial tho court issued an injunction restraining the defendants defend-ants from extracting ore from the premises in dispute and an agreement was afterwards after-wards made between the parties by which the Holdens were allowed to do certain development de-velopment work in the disputed ground in order to prepare for trial the ore taken out to be stored to abide the decision of < the court on the final hearing The plaintiffs claim that notwithstanding this injunction and agreement the defendants in December Decem-ber and January last entered upon the ground and extracted upwards of 450 tons of valuable ore nearly all of which was sold and shipped They claim that the extracting ex-tracting of this oro was in direct violation of the injunction The defendants claimed that nil the work done by them in the ground in controversy was done to develop de-velop the dip and strike of the vein and was proper development work in order to prepare their defense and was not in violation viola-tion of the injunction As to the ore extracted they alleged that the amount was much smaller than that stated by the plaintiffs They claimed that all of the firstclass ore was stored at the mine and was held to await the decision of the court Through a misunderstanding some one hundred and fifty tons of secondclass ore was mixed with ore from other parts of the mine and was run through the mill but the concentrates were held by them and an equal amount of other secondclass ore was also held Judge Bennett for the defense urged that the affidavits submitted showed afdaits conclusively con-clusively that there had been no violation of the injunction As to the ore that had been run through the mill the worst that could be said was that it was apiece a-piece of carelessness The reputation of the Holdens was sufficient to disprove tho claim I was not possible that Bert Holden a young man just starting out in life would burden his soul with perjury nor that L 13 Holdun who was approaching approach-ing the time when ho must step into the grave would do the same Mr Dickson made the opening argument for the plaintiffs and W C Hall closed The latter took occasion to give L E Hol den a polite scorching He said that tho high reputation of that gentleman had been referred to and ho was perfectly willing to have the reputation of the plaintiffs compared com-pared with his He did not consider the work as being at all necessary for development develop-ment and intimated that it was a subterfuge subter-fuge His opinion was that Mr Holden extracted the ore intending to keep it and say nothing about it and he never would have said anything about it had he not been brought into court Finding he was discovered he defended himself by saying that he held the concentrates to await the result of the trial Mr Halls opinion was that if they had not discovered that the ore had been extracted MrHolden would have continued to hold it forever I he had been acting in good faith and really intended in-tended that the ore should be held he would have come to the plaintiffs or their attorneys and slated that certain ore had inadvertently been run through the mill and would nee have waited until he was caught bafora he said anything aoout it At tho conclusion of the rrguments Judge Zane announced that he would taki morning the matter under advisement until this THE COON CASE The case of James Coon vs James D Coon and Isaac Coon executors of the will of Abraham Con deceased was then taken up J L Rawlins appearing for the plaintiff and W H Dickson and S W Dartre appearing for the defendants The case isa very peculiar one and a considerable consider-able amount of property is involved in it I seems that in lSS3 Abraham Coon died in this city and left an estate which at that time was worth upwards of 50000 The deceased had a number of sons and daughters daugh-ters one of the sons being the father of this plaintiff In 1870 the parents of the plaintiff separated and ho was in a way adopted by his grandfather In the latters will he named his sons and daughters as devisees and also James Coon The plaintif claims that in this his grandfather grand-father intended to designate him while tho defendants maintain that he did not the plaintiff having a middle initial which would have been used had it been the intention in-tention to name him They further contend con-tend that this name was inadvortengfcr inserted in-serted through repetition of the n o of one of the sons where the middle initial is also omitted The plaintiff further alleges that sometime after the death of his grandfather grand-father the defendants by means of false and fraudulent representations got him to sign a deed releasing whatever interest he might have had under the will by representing repre-senting that that document was simply a receipt for a horse which they gave him out of tile estate and he brings this suit to have that deed sot aside An idea of the interests at stake may be gained from the fact that a portion of the estate consists of 153 acres of land within tho city limits The hearingzwill probably he concluded today In the case of Matthew Gelby vs Spencer Spen-cer Clawson in which the plaintiff sued to recover some 200 alleged to be due him for excavating a cellar judgment was given for the plaintiff for S5T |
