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Show THE OLD TELEGRAPH. Tie Parties to the Suit 'Making Haste Slowly." The Cross -Examination Progresses. On Saturday, tbe crow-examination1 Of Mr. Holden by Mr. Critcbfield was continued. Witness was interrogated as to the correctnets of the Nez Percea comparj) ' record, aod whether tLere was aDylbiog wrong about it except the meeting of February 1st. He bad not examined it. Was not at the meeting of Aoril 14, at which final action was had in relation to the transfer of the company's property to the Old Telegraph company. Witne-s admitted that he paid for the Montana Mon-tana purchase with money of the company; the title of that property stood in bis -name; it was optional whether he turned it over to the Old Telegraph mioing company; he purchased pur-chased it for protection to the title ol the Old Telegraph com pa ay's mines. Explained why the property was taken in his name; to inure to the benefit of tbe stockholders; for the protection of their claims. From twenty to thirty per cent, of the ore recorded came from the Montana mine. Why was it separated from the gross amount of ore? Witness set up the fact aod allowed the conclusions conclu-sions to be drawn. Mr. Holden denied that he called at Kalamazoo on bis way to Utah and made overtures to buv interests in the company's mining property at the rate of $25,000 for the eutiie lot. Had an option to Bell the Block ol J Kalamazoo parties at 40 cents, pro vided he would sell bis own at the same rate. Witness testified that at the time be was negotiating for the purchase of Block belonging to parlies in Kalamazoo he showed all concerned con-cerned the telegram reading "have struck ledge, must have $1,000 immediately," im-mediately," but none received subsequently. sub-sequently. Following this, Mr. Holden was questioned concerning the contributing contribut-ing ol the stockholders to the $10,000 or $12,000 sent to Doane to pay the bands, butdid not remember about it. Witness did not recollent whether he was in Salt Lake city or Bingham Bing-ham when MesBra. Trask, Sill and Cortenius came to Utah in April, 1876; met them, he thought, at tbe Walker house; they had not told him their purpose as to examining the mine, but he thought they would do so and look into the business of it. Witness and Traak went to Bingham on the 22d of April, but did not go into tbe mine that day. Did you tell Mark Bruner that when thoee parties came out they expected to see the pure silver Bhining out; that they knew nothing about what tbey saw ? If he did say so be did not mean anything any-thing particular; it was an ofl-haud expression. Bruner was considered truthful at one time, but he bad fallen from grace. Counsel Haid perhaps per-haps it was owing to his early education. educa-tion. Didn't you say you had everything every-thing in your own bands ? . No. Here the same ground was gone over with reference to the I visit of the gentlemen to the mine, their examination of it, and what was shown them and told them, and nothing additional was elicited. Mr. Holden got the title to two- thirds of tne fliomana mine in me latter part of March. When the gentlemen come here, witness was satisfied as to tbe oontinu ity of tbe vein and of hia ultimate triumph in the suite then pending against the company, and they understood that. Did not magnify to the Kalamazoo parties the difficulty connected with the litigation then pending. When Messrs. Trask, Sill and Cortenius were here, they did not demand to see the accounts of the mine and of the ore mined and shipped. Could not make out a detailed report as Doaae kept tbe books and tbey were at Sandy. On coming from tbe mine, why did you not atop at, Sandy and show the booka? The gentlemen did not ask to Bee them. He gave them a statement made from the account kept by Mr. Wallace. Did that con-I con-I tain the amounts of ore taken out in Vahmarw and Anril ? Did not think it did, as the roads were bad in April and not much ore was Bhipped. Toe month of March was shown, as that waa a good month and nearest to hat he would like to Bhow. Why omit February and April from the report? - Beoauae be was not then prepared to make a detailed report aud promised to get one out later and send it to Cleveland. Why write that there were some daye in April on which ore waa not shipped, when the booka of the railroad company showed that ore waa Bhipped every day in April ? Because tbe amount was bo trifling, and because tbe handling and shipping of ore was in the bandB of Wallace and Doane. The ores were shipped to Sandy, sampled and assayed from the bottles. After the gentlemeu left, witness got 1 daily reports. You got the report of March from Mr. Wallace; why did you not get the reports of February i and April from him also? Did not ask for them. The report for March r was a favorable oue, $28,000 were re-" re-" ceived, and when the expenses of t marketine the ore $1,000 were de ducted, a balance of feiM.UUU waa lell. WitnesB ollered the gentleman aubstantially par for their Block. Did you report that the py roll for that month waa $8,000, and that there was no money to pny it? No. The three gentlemen all swore that Mr. Holden said be woulJ have to levy for $1,500 to pay that pay roll, why was that? Did not Ihiufc they did so swear. The deposition made by those gentleuieu about being required to make contributions to the pay roll was not true. Drew a dralt lor i,ow uu i uuim the latter part ol May, but did not lorward it, on accouut ol increased output of tho mine. Why did you not go to the resources, lo Wallace and the booka aud bank account aud ascertain what funds the company com-pany was iu possession of, instead of sending 2,000 in ilea for $1,500? Did go to them and did not send the dralt; the output of the mine enabled him to dispense with the aid. Would it not have done before drawing the dralt? The result accrued alter that. Did not remember the date he drew the draft; it most have been after writing the ,tlter lrom Oiideu; it wsa drawn on L. II. Trask, at Kalamazx). U:id a b:t U nee in MuCorinck'a bank of more than $1,000 at the time. Why draw when such was the raat-? Bee anno the amount waa nol much and the expense lor April were necessary. 1 ue dralt waa drawn so as to have money on hand and to delray expenses in April. Had no particular purpose in drawing the draft, aud only asked it as a favor. Did you not allege that the draft ww drawn for the payroll? The record , would speak lor melt. . When Trait, biif and Oortpmu-i Oortpmu-i were here, d a they make a bnel 1 Did not know. They were in cour at the heantu of the irmnction 3 Witness explained to them then tha Ihewaaflureof. winning the sniti the end; that the owuer of the bwanea mine laid cUico to the Montana properly, and brsue he O vr-ed two thirds c f the Munia a thai 'I d Dm ttfleCt ibtrii claim; tnr who e un-pertv wa under tne Montana title. There was a contror?y about theXo You DoDt and Nei tVroaj; it was set up that the No You Dont w m forfeited by the owners not working on it. Did you write to KalaiiMz-io atatingthat you would win in liioe isuiU? Yed; no letter could be lound in which he did not represent that be would. In buying stock from Kalamazoo parties witness bad used the money ot tne company, with the exception of an overdralt, made for tlit firrt payment. pay-ment. Bought tbe stock uu lik-8h of May, by a preposition made u the parlies iu Kalamazoo After he had bought tbe stock, the money a tiuui tbe mine were his. Wheu Hill waa here did you make arrangements for getting the stock of other parties in Kalamazoo? No. Didn't you tell him you wanted to get some of tbia stock? Presumed so; perhaps be did, as tie wanted to get some. Did you make representations through Sill to Friabie lo t.uy Fnebie's Block at 66 ceuU? No. Sill bought Frisbie's stock. Did you pay Sill to buy it? No. Sill said he would deliver to witneis so much stock for bo much mooey. Did not know what he paid Frisbie for his slock. Did you do tbe same with regard lo Dunning? Witness wrote to Dunning himself; him-self; sent an offer to Frisbie, through a man named Tom Scott, of 50 cents for bis stock. Did not communicate to Friable about the output of the mine about that time. Bought Brown's aod Frisbie's stock of Sill. Aller be got Brown's stock had correspondence with Fair and Leggelt with regard to their Block. In the afternoon, tbe examination wan further continued. Mr. Holden uw titled as to tbe drawing of drafts. All he drew lrom tbe bank and represented re-presented by drafts waa charged to him. He then testified concerning a meeting held June 30tb, 1876, at 171 Superior street, Cleveland, at which ' he was present as the owner of all the shares; it was somewhat iolormal; he acted aa president, secretary and everything; nobody there but Holden and Mark Bruner; witnew did all the voting; tendered hi- own resignation; there was not much discussion; tbe voting was by I a lot, 1 think; theobject waa to organize something by which he could control the mine; he wrote a record of ihe pro ceedings on a piece ol paper and had it transferred lo the books afterward. At the close of meeting, telegraphed Doane. that he (D ) bad been elected vice president. Tbe main object waa because the land office required some legal officer to make entries. Ihere were several meetings held here alter witness came to Utah. The meeting levying tbe 80 rpr cent, ftftsenameni was not re corded; did not remember how many directors wure preeut. Was you sure you were in Cleveland oo the. 30th ol June? Yes, no doubt of it. Why was tbe assessment made when tbero waa money in the bank? Was con- templating tbe purchase oftheUre-oian oftheUre-oian Bend aud put it in shape. Why not use tbe Burplus in the bank? It was usual to make assessments for dead work and purchases.- ' Did you draw drafts for individual purposes? YeB. , Was yuu pre&eut when tbe 30 per cent, assessment w.ib levied? Yea. What other object waa there in making mak-ing tbe assessment? None but what he had just stated. He drew lrom March to September for hit) individual ait because be, had a right to. What right ? Had any dividend been declared ? H.id a right to do it as managing ai- l reclor and was owner ol tbe majority of tbe stock; had a legal right to con trol lbs money which came into hia hands. When you bought Fair's Block and the stock of others, did you conceal from them the condition of the mine? The mine was open and. they could come and examine it; the product of the mine waa being published pub-lished in the daily papera here and copied elsewhere. Did not get bis atock for nothing; paid what be agreed to pay for it. When be got Ford and Bill's stock there wss none other out except Dunning's purchases. In the organization o! the Old Telegraph Mining and Smelting company, Mo-Cornick Mo-Cornick bought four shares, and Wallace had shares in bis own name was a nominal abareholder. Waa the meeting firat held in Utah held under the resolution of the meeting in Cleveland on tbe 30th of June? No. This meeting waa called by a majority of the stock to amend the I by-laws; an election of officers was had. McCornick, Wallace, Doane and witneis were elected a board of directors. Did not state that all the properties of various kinds were purchased out of tho proceeds or the mine. The Jordan waa not. Was any bought with money from the Old Telegraph minea? No, he thought not. Witness waa then questioned as to the condition of hia property in Cleveland, what he considered he waa worth, etc., and an-Bwercd an-Bwercd lubatantially aa haa before been reported. All the mortgages on his real estate had been paid 08, by remittances from here, except about $33,000. Had you Duoning's lour shares transferred to you? Had not. MoCornick pail $100 for the four sbarea bo had; they were issued to McCornick; Bold to McCornick by the company; McCornick sold back to witness since. Did not know that Dunning's four shares were sold to McCornick, but did know the oom-nnnv oom-nnnv Bold McCornick four Bbares, Did not know how much atock he owned in tbe Old Telegraph or Old Jordan. Court adjourned until Monday morning at 9.30 o'clock. |