| Show ARE NOT IN CONTEMPT Keith and Kearns Made a Fair Offer to Shaughnessy TO SURVEY SILVER KING PLAINTIFF GETS HIS CHOICE OP TWO PROPOSITIONS Preliminary Hearing of the Perjury I Charge Against James A Luke Marion vs Geyser Case Drawing to a Close Neve Actions Filed General Legal News and Court Notes Chief Justice Meritt yesterday handed hand-ed down his decision In the contempt proceedings instituted by Colonel Shaughnessy against David Keith and Thomas Kearns president and vice president of the Silver King Mining company for an alleged disobedience of an order of court requiring the defendants de-fendants to allow the plaintiff t make an underground survey of the Silver I King for the purpose of determining I whether or not the Silver King people had encroached on the Mayflower property owned by the plaintiff and nn c th f f from tLtHit honor Iheld that the defendants I de-fendants were not in contempt that their offer to allow the plaintiffs engineer en-gineer to inspect the workings on the 900 and 1100 foot levels and then if it was found that the workings on those levels ran towards the Mayflower mine to allow the survey to be made or that bhe court appoint a disinterested and competent engineer to make the surveys on those levels and that such engineer report the result of the survey sur-vey to the judge only was eminently fair and reasonable The plaintiff was given the choice I as to whether he would send his own engineer to inspect or have a disinter I ested surveyor appointed to make the I survey in the latter case his honor said the parties might agree upon the person before further action of the court Drawing to a Close The taking of testimony in the mining i min-ing protest case Ifr the Marion Gold I Mining company against the Geyser Mining company was closed yesterday afternoon During the day A N Butts Tom Jones Frank L Haines F Harris Har-ris Smith and Anderson were examined examin-ed for the plaintiff in rebuttal and John ORourke Mr Siterniberg Frank Harris Mr Mackie and Mr Ping for the defendant in surrebuttal Attorney W H Dickison opened the arguments on behalf of the plaintiff The case will probably be concluded and submitted to the court today Perjury Charge Against Luke The preliminary hearing of James A Luke charged with perjury was had before United States Commissioner Commission-er Sommer yesterday Assistant County Coun-ty Attorney Harrington and Attorney D N Straup prosecuted and Attorney Sam Lewis defended It was charged on the complaint of James Wright that Luke who is an employee of the Merchants Mer-chants Protective association falsely swore in Justice Sells court that he had personally served a summons in a suit against Wright om a suitable person per-son above the age of 1 whom the found at Wrights place on July 20 when in fact he did not do so or serve the summons sum-mons a tal Mr and Mrs Wright both testified that they were at home on the day in question that they employed no help I and thab the service of the summons was not made Luke testified in his own behalf that he had served the summons on one of two boys who were on the premises Judgment he said was entered in Justice Jus-tice Sells court and the same was entered en-tered up in the justices record in the II handwriting of Luke and signed by Justice Sells A host of other witnesses were exam Ined with a view of proving that Luke j went to Wrights house on July 20 and I served the summons Some of them saw him in the neighborhood and talked talk-ed with him hC case was proceeding I I when count adjourned until 10 oclock I this morning when the hearing will be resumed Heiss v Woodman Hon 1 L Williams sitting as referee ref-eree was occupied yesterday with the resumed hearing of the case of J H Heiss against James Woodman in which the plaintiff seeks to recover 25000 and an accounting in a certain trust fund left in 1872 for the benefit of Mrs Heiss deceased Further hearIng hear-Ing was postponed until tomorrow morning The evidence is nearly all in and the arguments will probably occupy occu-py a day Litigating r Their Claims The hearing of the suit of the board of education against the Pacific Lumber Lum-ber company John Bryant et aI brought by the plaintiffs for the purpose pur-pose of compelling the various defendants defend-ants to litigate their claims against the board so as to determine who are the parties legally entitled to receive the balance due for the construction of the Uintah and Bonneville school houses was begun yesterday before Judge J Bowman as referee There are a great I many complications in the suit owing to assignments of claims and claims put in under the mechanics law by parties who furnished material fo the building The hearing is likely to occupy occu-py several days |
