Show I PLAINT OF COL HAWKINS I ASKS REINSTATEMENT OH A MINING SUIT Alleges Action Was Wrongfully Dismissed Dis-missed by His Attorney Tom Pitch Mr Fitch Denies This Col II A HaVKlns filed a motion to have the suit of himself against B J ewls and tho Imperial Copper Mining company reinstated on the docket in the United States court yesterday The suit was fed some time ago by Col Hawkins In person his attorney peROn atorey I Thomas Fitch not being nt the time a practicing attorney in tho United I States courts here The suit waR brought to have declared null and void a transfer of Home mining property in I Beaver county In the complaint i was alleged that by a verbal contract the plaintiff conveyed to Lewis for t staled consideration of 1000 an Interest in several mining claims The real consideration however It uas alleged al-leged was that Lewis should trade the interests of Col Hawkins for not less than 50000 shares of the stock of the Imperial company Lewis to retain half of the stock secured but Col 8ceulec Hawkinss share to be not less than I 25000 fahaies In any event The complaint com-plaint further alleges that without the I knowledge or consent oC the plaintiff Lewis added the words And Last I Chance to the transfer deed Col Hawkins owning a onethird interest In that property but not wishing to I include that interest in the deal An accounting from Lewis and the voidIng void-Ing of the transfer was asked for The suit was dismissed without prejudice by stipulation of the attorneys on November 28th In the affidavit supporting sup-porting his motion yesterday Col Hawkins set out that the suit was dismissed by Mr Pitch without the knowledge or consent of the affiant and In opposition to his wishes while I COI Hawkins was absent In Pliipnrro Col Hawkins further deposes that the dismissal was agreed to by Mr Fitch I In the Interests of the defendants In the suit and asks that the case be litigated Mr Fitch when seen In regard tQ the matter last night sid I is true that I dismissed the case without either the knowledge or consent of Mr Hawkins but the dismissal was without with-out prejudice and on the understand ing that It could be reinstated at any time on the request of Mr Hawkins My reasons for dismissing the case were that I had been deceived as to its character and did not care to act In It any further The reasons in detail de-tail affect Mr Hawkins and I do not care to state them I Is not true that It was dismissed for the benefit of the defendants and I had no communication communica-tion with them I wrote Mr Hawkins notifying him of the action I had taken at the time |