Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1879-05-12

vads Raise.
The suit OF Theodore Wolf VS.. ChAs.
N. Bonnsmort and H. N. Lovy to re-
cover $40, 900 for services and the uss
OF his name in secret cipher telegraphio
correspondence between the defendants
last Fall, was commenced in the Dis
trict Court to-day. After seven men
had been excused the following were
accepted as jurors to try the case : A.
stoddard, John Bornhold, L. T. Fox,
Peter Malloy, w. 8. Roberts. John
Rothsnbuchsr. Jerome Colwell. John
McCurdy, j. T. Jeffrey, L. E. Sawyer.
| L. Butch and Edwin F. Hall.
Stone & Hiles appeared for the plaint-
id, Whitman & Wood for Bonuemort,
and Seely & Woodburn for Levy. After
tho case had been opened MIR. Wolf
took the stand and testified:
"In September last I engaged in
secret cipher t~elegraphing for the do
f~endants."
Judge Whitman objected to the intro
duction Of any testimony as TO an &C.
count between the parties, as he had
demanded q bill Of particulars and none
had been served.
The point was argued and the Judge
ovsrruled tho objection, and Mr.. Violin
continued:
"Mr. Bonnemort came into my store
somewhere about the lst Of September,
1878, and handed me a telegram in blank
to all out and send to Sam Symons.
San Francisco, and requested me to fill
IL out, sign 1t, and take 1t to the office
for him. I told him I could not allow
any one to use my name in such .
way. He said. oh, hell! I'm only tsle-
graphing to my partner. Levy, giving
him q point In stocks and now II you'll
lot us use your name we will pay you
we'll for It.. Send this in tho name OF
Sam Symons. / consented. Bonnie.
mort was at that time Superintendent OF
the Sierra Nevada. Ho said he could
make all the money he wanted and
would pay me we'll. / then commenced
sending dispatches. signing them Wolf.
and receiving them and delivering them
TO Bonnemort. He wanted me to copy
them SO that Grapby might not know
his hand writing, and some / copied
and some be told me what to write and
wrote them. Sometimes / sent and
received one or two o day, and on two
occasions I think as many as five o day.
This continued till the 10Th OF Novem-
Der. He often said I should be well
paid. well enough so that / need do no
more tailoring.
eat one time he came into my store
with some assays and wanted them sent
Immediately and he said he was not 60
ing to allow that damned son OF a bitch
TO get the best OF him. He alluded to
Skas, and we went out and Skae and
Hobart came out OF the French Rotisssrie
and Bonnemort handed the assays to
Skae. I had my dispatch in my pocket
and won't up to the Office and sent 1t.
He said no could make all the money he
wanted and didn't want to be Supsrin-
tendept. This was when the stock was
weakening. This was going on while
the incline was being sunk from the
1000 to the 2l00 and the stock market
was active, aud after that when the
crosscuts were run.
'I did my duty faithfully and kept
everything secret. Once / was going to
buy some stock myself, but Bonnemort
objected. He said it might hurt him.
People might see me buy and knowing
that he andI were intimate, might follow
me. He then promised to see me we'll
fixed"
The testimony OF the witness from
this point on was as to the refusal Of
the defendants to pay him $50, 700 for
his work. He said he could have made
500, 900 II he had been allowed to ope.
rate himself.
The plaintiff e~ndeavored to prove
how much was made by the defendants
through such service. the amount being
over $500, 900, but as there was no allie.
CATION in the complaint that his com.
pensation was to be in proportion to
the result OF the venture. the Judge
simply allowed him to testify that "the
enterprise had resulted advantageously."
The cipher kilograms were admitted.
but as the key was not in the possession
OF the witness, he could not explain
them. His name was signed TO them
all. The witness said his services and
the use OF his name were worth S20, ZOO.
The defendant. Bonnemort, in his
answer admitted the service OF the plain
tiff to be worth 5000 and Levy $3.50, for
which amounts each offered to allow
judgment TO be taken.
Mr.. Ssely gave notice that when the
witness wal through, as there had been
no testimony connecting Levy with the
transaction, he should move to strike 1t
oil out 80 for as his client vas con
cerned.
Thu cana In atill nm trial.