The morning call., 1891-12-04
MACKAY TESTIFIES.
The Millionaire Appears in the
Hale & N0rcross Trial.
His Evidence as to What HIS Business Is.
Several Important Witnesses Refuse
to Testify in the Case

Objections rose and fell like leaves in an
autumn gale during the trial of the case of
Fox against the Hale 81 Norcross Directors
yesterday. The defendants attorneys
opened the day with a request for an order
requesting FoX's counsel TO return into
court for filing the original summons served
in the case. for the purpose Of preventing
him from bringing in other defendants not
cited in the document. Baggett objected on
the ground that the right to summon other
defendants had been reserved, and fictitious
persons had been cited to appear for which
the real witnesses might be substituted at
any stage of the trial. Judge Hebbard took
the matter under advsement.
The deposition of Cashier I. r. Hofer OF
the Bullion Exchange Bank at Carson was
read and admitted in evidence. The wit
ness stated that there was deposited in the
bank on January 20, 1888. a check for 1868 70
in favor of the bank and against the Assist
ant United States Treasurer at San Fran
cisco; also checks on July 5, 1889, for $3.50,
Sl196, S363 and Sl362; on July 10, 1889, a
check for S24S6 40; on July 18th. check for
S46jG 81; July 18th check for $3lO6 73 and
on the same day one for $1,000; check Tor
S4154 70 on July 31st; on August 9, Sl5OI,
and on October 9. S9602 So.
A REFUSAL TO ANSWER.
The witness refused to answer concerning
the deposits of other checks on the ground
that he could not disclose the business OF
the bank. lie was instructed by the Court
to answer all questions If they had refer
ence tu Hale Il Norcross bullion.
Witness SAID that one OF these checks
which the bank purchased was indorsed by
the Anglo California Bank, but had not
been so indnIsed when 1t was purchased.
"Why was this check bought on the An
glo- California Bank before 1t was properly
indorsed?"
"rae seller of the bullion to the Mint OBJ
tanned from the Mint, at our request, a
check payable TO the Anglo-CalIforDia Bank
for our convenience to save Endorsement.
He negotiated the sale Of this check be-
fore 1t was drawn, did he r'
AT that time the Mint made payment in
either coin or San Francisco check, at the
sellers option"
"Then he-the seller-was the depositor at
the Mint?"
No. not upon the records of the Mint.
The bank acted as agent Tor the owner.
And the owner was not the depoSit0r, as
shawn by the Mint records?"
Witness explained that this check for
S4I54 10 was delivered to the bank by the
Mint for bullion deposited in the name Of
the bank for one of its clients as matter
OF convenience to tie customer.
DEIOSiIED IN LIE MINI.
"Was not the bullion for which this check
was part payment deposited in tue Mint by
G.. H. Peters for the Bullion and Exchange
Bauk?"
Il believe So"
What did you do with the S6775 y re-
ceved by the bank on or about August 81,
1882"
There was placed to the credit Of the
Justice Mining Company SSS9S. The re-
mainder was placed TO the credit of other
owners"
"Who were they?"
Il decline to answer upon the advice of
our counsel and because it discloses the bIsi-
ness of the bank"
"Will your looks show whether or not
the button handled by your bank for the
Nevada Mil and Mining Company was Hale
IL Nurcross bullion?'
Upon advice Of our counsel l decline to
answer"
For the same reason witness refused to
answer questions concerning q large num-
Der OF checks, aggregating 100000. which
were deposited in the Bullion Exchange
Bank. All questions relating to the deposit
OF large amount Of bullion IN the Mint
were also unanswered.
Charles II. Peters, clerk of the Bullion
Exchange Bank, in whose name bullion was
deposited TO a large amount in the bank,
refused to answer questions for the reason
that by doing so lie would disclose private
business Of the bark. Harrison K. Brown,
book-keeper Of the bank. also refused to
answer questions.
THE STAR WITNESS.
John W. Mackay was the star witness of
the day. He took the stand with jaunty
step and Eaggett asked him in soothing
tones 10 tell tie Court what his business is
Il have several" answered the man of
superfuous millions. Il deal in money,
cables, etc"
Are you interested in Consolidated Viz
gnia?"
"l am"
Sin your experience on the Comstock
what was the percentage Of pulp assays re-
turned en- the ores?
About 10 per cent-sometimes higher,
sometimes lower"
Ever as high as Sc or SS?"
"Ies, sir"
Have you not known the assays to go
over 100 per cent?'
Yes, when the ore is rich. as it some
times happened in the case Of the Con. Viz
ginia."
IF 1853 tons OF ore asSayed at the mine
as being worth $4,000. ami were returned
from the Mint as being wo:th only $40, 600,
wouldn't 1t show that the ore was not prop
erly handled ?"
Certainly"
Isn't something wrong when assays at
the mine show ST. per ton and are returned
from the mill as worth only S40?"
Certainly, there must be. The difference
should not be over 10 per cent"
MILLING ON THE CoMsToCK.
Witness was asked what was the cost of
milling ores on the CGmstock.
From So 80 to St per TOM
How much should ore be worth to work
it profiiably?"
"Not less than SIS per ton"
'lf you were to discover great differences
between your mino and mill assays, would
you continue to send ore to the mill without
asking an explanatory"
II would not give ore to n millman who is
not responsible person. There should be
confidence between the mine aud the mill.
The settler sample would show whether the
mil was treating the ore correctly
what percentage of the car samples
should be returned by the mil?"
Not lower than 60 per cent. When there
is great difference the only way to adjust
matters is to compare the battery and the
mine ASSAYS"
Can ore be milled at SO per ton?'
mo; the actual cost is about S4 per ton. "
On cross-examination Mackay repeated
his statements.
Dispositions were submitted from Empire
City, where the Mexican mill is situated.
showing that several thousand pounds Of
bullion had been shipped from the mine to
Assayer James at Gold Hill, and from c. j.
Warden, Wells-Fargo's agent at Gold Hill,
showing that bullion shipments had been
made by james to Hofer, chief clerk of the
Carson Mint.
PIRATES TYP EACIIPE EnJTNn