The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1878-07-13
THE DAY NINE.

From the q. +. Stock Exchange, Gth.l
Argument on motion to dissolve the
Injunction laid on the Day Silver Mine
was heard last evening. in the Fifteenth
District Court. by Judge Dwinelle.
Messrs. Lake & McKoon appeared for
the Trustees and Messrs. Coghlan &
Mcclure for the dissatisfied stockholders.
Mr.. Lake remarked that the injunction
prevented assessments being collected on
any OF the stock. whilst the dissatisfied
stockholders represented only 81 ,065 out
OF 100000 shares. For Nj. Mcdonald 1t
was denied that he had failed to account
for $4,000 or any portion thereof; that
the mine could be worked at any less
cost; that the shaft is sunk 10 the depth
of 300 feet; that Mcdonald is interested
in any contracts made by the directors;
that the books kept by Secretary Pew
show the full amounts of receipts and
disbursements; that Mcdonald ever
caused second cash book tc be written
up. 1t was admitted that $4,000 was
paid to Vaillencourt for the interest of
Joshua Emery in tho mine by advice Of
attorneys of defendant The answer was
also signed as an affidavit J. M. Nc.
Donald and j. w. Pew. The original
cash, letter and record books were I'D.
mitted in evidence by Mr.. Lake.
q. b. Gould, the bookkeeper of the
Company, testified that the amount OF
bullion received in San Francisco and
accounted for up to April 9Th was $37,-
644 n. There had been 314S( p bars of
bullion sent east. All Mr.. Mcdonald
ever had was $14, 555 80. All the re-
mainder remained in the hands of the
Secretary, who converted it into money
and paid the Company's debts with it,
and 1t did not go into the hands of the
Treasurer. The Superintendent OF the
mine bad used the proceeds of the bull
lion Sent East to pay the expenses OF the
mine. A sample monthly state m mt of
the Superintendent was read to show
how he made his statements out and
what the expenses there were. Witness
testified that on November 18th shipment
had been made to the DAY Company of
$22. 038 40. but in thu course of "a month
it was shown that $7,482 IS Of this be.
longed to the Raymond g. Ely, and was
paid over to that mine rh- ore OF the
two mines had got mix d. This petit
toner's counsel claimed, accounted for
the 81, 900 disor- pancy
Mr.. McKoon argued for the dissolu-
ton OF the injunction, saying that every
allegation of fraud. ETC.. on the part of
Jasper Mcdonald, as alleged by the petit
TONERS, has 'upon information and
belief" aud upon this they bad got the
injunction. He held that the law re-
quired that an injunction should not b.
issued upon information and b-lief. but
on the sworn testimony or affi iavits of
the truth OF the allegation, and this not
having been the case in the present petit
ton, the injunction should be dissolved
Counsel for complainants argued in
favor of the continuance of the injunc-
! ton, holding that the whole proceeding
since the purchase of the property show
that virtually there is no board of Trus
tees, the whole management being in the
hands of Mcdonald, who had been in.
vested by the Board of Trustees with the
, power to contract any debts.
M. j. Mcdonald testified that he haG
never seen bar OF the bullion. He hat
told Mr.. Fox that there would be nj
, necessity for an assessment on the stock
but soon after informing him of the fac
he received letter from Captain Da,
which stated that it would be necessar,
to levy an assessment. The examination
} will be resumed at 7:30 this evening.