| Show ONTIE STAND Supreme Court Judges Testimony Tes-timony in Mining Case I HIS STOCK PURCHASES I Snow Gave Him 2500 Shares He Saidand Later He Purchased j 000 Additional at Two Cents Per Share and Still Later Bought JIorc S at Same Price Paid Own Expenses on Trip to Mine Hrr Wilkiiis Sounded Simon 3ambcrgcrs Knowledge of Mines Although nothing oC a sensational nature na-ture was developed the testimony of Justice G W Bartoli of the Supreme court was the feature of yesterdays proceedings in the MorrisonSnow con lest over 1GOOOO Khares of stock in the Moirlson Mining company Judge liarleli was called Into in the afternoon and his direct examination which was conducted by Cal Kills was very short fudgo Dartch test Hied in brief that In the fail of JOOO Snow talked lo him about the Morrison property and ashed S him to take an interest Snow told r him lie said thai If i he would go out to Nevada and look at the property hr Snow vould make him a present of 2500 shares the Judge to pay his own expenses on the trip and 1C liu liked It and desired to go in he would sell him JoOOO shares at 2 cents per share Continuing I Con-tinuing Judge Barlch said that he went to Nevada and decided after viewing llv property that he would like an Interest Snow then gave him 2300 shares and he purchased the U5000 additional at 2 couth per share as k agreed upon Snow also told him he added that Judge Kolapp had secured S fiOOO Khnrofi on Llie same terms and that Dr Heard I had purchased 2000 shares and Judge Miner DOOO share at the I same price After the Incorporation I Judge Bartch said further he purchased pur-chased some additional stock at 2 cents per share but he could not remember the amount Prior to July 12 1101 he said In conclusion an assessment of the mine was never talked about by the board of directors The erossexaniinallon of Judge Barlch was conducted by Arthur Drown and was in substance and Jn part as follows PAID HIS OWN EXPENSES When you first went In II was understood un-derstood that you were to have 2 > 00 shares of the slock given lo you If you paid your expenses on the trip to the mine Did you pay your own expenses Yes Snow didnt set you a ticket1 No Now didnL Snow pay all your p 1may have paid for some of ktave1oii a pass Y jying a ticket XtnlK1 bought a U7 Acre S 4 ii itj you pay tfer tho 11 very p I dont recollect that 1 did At this point I Judge nartch corrected his testimony by tyhig that he and Snow walked over to the mine from Ilumboldt a distance of live miles ann that they hind no livery t As a result of your visit whatever r jou paid you got 2iiOO shares of stockV l Mr Biown then asked Yes was the reply I You dont know how many shares of stock you owned at thu time you J owned tin moat S I dont recollect exactly but about COOOOYou You have disposed of some since 1 think my daughter got some It Is all in the family anyway You were a Judge of the Supreme court of the Stale during all this time Later considerable attention was given to the matter of when any talk about an assessment was had by the board but Judge Bartch was confident L that It uos not prior lo October 1901 The hearing began yesterday morn ing with Phillip Slbley upon Lire stand but Ills examination was soon concluded conclud-ed and Simon Bamberjer was called FOUND BAMB1SKGER JCNEW An amusing incident occurred during I Mr Bambergcrs examination which was enjoyed by the court as well as t the spectators Mr JJamberger was asked by Col Ellis what he considered the slock of the Morrison Mining company com-pany worth in September 1101 he having hav-ing testified that he had gone lo Nevada I Ne-vada and examined I ho property The 1 questIon was objecled to by Mr Wil I klns of counsel for Snow and this Mor iIron Mining company on the ground tint Mr Hamberger had not shown himself to be nn expert Jt should be explained hero that Mr Wilkiiis is a comparatively recent arrival and was not awaie of the fact that Mr Bam berger is one of the best informed mining mi-ning men In Hie West and that he can come as near perhaps to estimating the value of ore by simply looking at it as any mining expert in the State AJ Mr Wllklna didnt know this It was natural that he should desire to ask IMr Bamberger a few questions in order or-der to test his knowledge and several attorneys smiled as ho Insan The examination ex-amination was something like this How long have you been engaged in mining Mr i Bamberger Oh for many years Are you a miner I am When you go to look at a mine you take an expert with you dont you Sometimes Yon take him for the purpose of relying on his Judgment c No I take him to see if he agrees with me r use my own judgment Now will you name one mine which you have become Interested In solely on your own judgment I Well I went into the Lower Mammoth I Mam-moth tololy on my own judgment t alro went into the Centennial Eureka on my own judgment and hi tire ltUe I Bell and the Sheep Tiock and the That will do Mr Bamberger Now an you a geologist No Tan you tell the different strata in a mine V11 T can tell what I am willing to I put up iny money on r flow many valuable mines have you dealt in i Oil T should say forty more or less ftir some further questions Mr I WilklriK throw up the sponge remarkS S Int as he did so that It appeared Mr namljorser had Invested in all the mines of tin State and that he would admit that the witness was competent compe-tent to testify as an expert BAMBEKOttlVS OPTION Mr Bam burgers testimony In brief was to the effect that he secured asi option on 70000 shares of the com I panys tmiHury stock at 5 cents a share At the garni time he asked Snow hitj said about Morrisons sluik I and Snow said that Morrlfon wouldnt S tnkt less Hum 10 cent per share for his holdings Later he added Snow told him that he hnd control of Mor risons stock and Itamberger then Bald he would have nothing further to do with thin matter ns he would want more than 70000 shnics of stock If i he went Jn at nil H was then agreed he said that Snow was to give him an option on SOOOO shares and Judge Jlartch on OOOO nItrites at the same figure In I addition I lo the treasury stock Ho then wont to the mine for the purpose of examining it He considered con-sidered the stock cheap at 5 cunts per share lie also culillcd to hearing Morrison l accuse Snow of deceiving him and demanding the I return of lin I stock at the same time tendering bark lo Snow the consideration which had passed On crossexamination I Mi I i Bnmbergcr said that after Snow had told him Morrison would not part with his slock for less than 10 cents per share Judge Parlch saw him and said that lie had told Snow not to let Mr Bambergor go over to Nevada think liii that Morrison had the stock when Snow had it I I It was after thlrt con vcrjMton vhtht Judge Bartch the witness wit-ness said that Snow told him that he had the Morrison slock and offered to let him have an option 01 50000 shares of his own fSnowr stock Mr Bam borger was not allowed to testify ia to whv h < threw nn the option Bishop 31 T > Clawson was the suc ctLdlng witness and testified thai he hnd been a director of the corporation since Us formation He testified on direct di-rect examination that Snow was the manager of the company but I on cross examination I said that lie didnt remember remem-ber whether Snow was ever named as manager or authorised lo act as such by the Board of Directors WILSONS CONNECTION At this time the noon recess was lakon and upon the reassembling of court George lh > on was called Mr Wilson tesiificd that he heard Morrison accuse Snow of treating him unfairly at JIumboldt at the time when It is claimed ho offered Snow his collateral back and demanded the return of his stock Ilia testimony on this point was about the same as that of other witnesses wit-nesses who had testllled concorninj it On direct examination Wilson said that he sometimes dealt in mining stock and on crossexamination Mr Brown began to question him about It When Col Ellis asked the purpose of the examination ex-amination Mr r Brown replied Why I want to mid out 1C he paid Lao government gov-ernment license Mr Brown then asked Wilson what Ills business was at the time that he went to Nevada on one occasion with Judge Builoll and Snow Working for the water works was the reply 4 Who relieved you A man named Thompson Thompson you dont mean Ezra No Mr Brown then asked the witness if lie went out at lie same lime that Judge J Bnrtch and Snow went on one of heir visits The ropl was In the af Irmatlve and Mr Brown added So one train had So carry all three of you Mr Brown labored hard to make the witness say liutt Judge Bartch purchased pur-chased lila ticket for nlm on one occasion occa-sion but Wilson insisted that the ticket was given him by both Judge Ranch anti Snow WHAT CHILD PAID FOIl STOCK W 31 Child was the succeeding wit mess and lesllllud that he purchased SflOO shares of Morrison Mining company stock In July 1001 for cents pet share He also bought aOflO shares from Stepleu Baldwin in June he said for jd cents per share to be delivered later and the delivery was had in August The defense appeared pleased with this testimony ns Baldwin swore In his deposition Hint he offered Snow 10 cents per sharp for any part of 10000 shares of UK stock on June in l and that Snow offered him 8 cents per share for nil that he then held 10000 shares Mr i Child also testified that prior to July 1 1001 stock had been selling at 2 to 5 cents per share JUDGR MINERS PURCHASES Upon the conclusion of Childs exam lirition Judge Barlch was called and when he had left the stand Col Jillls asked the attorneys for the defense Jf they would admit that Justice James A Miner had purchased BOOO shares of tine stock In May or June 1901 at 2 cents per share and 11000 shares later at Scents S-cents per share Mr Brown said they would admit the first purchase but not the last Judg Miner was then called He testilicd ns to the first purchase but couldnt remember the date of the second sec-ond purchase which according to the slock book was made on or about Sep tember 12 1001 Col Ellis here announced to the court that the plaintiff would rest and Mr Brown Immediately moved for a non suit on various grounds The motion had only been partly argued by the mover when an adjournment was taken until this morning |
