The morning call., 1892-02-09
LEWIS BIG PROFITS.
Important Developments in the
Great Mining Suit.
A President Who Was to Resign and Yet
Retain His Office - Hayward and
Hobart Gain Victory.

The usual assembly OF mining men and
capitalists appeared in Judge Hebbard's
courtroom yesterday morning when the
trial Of the Hale 81 NorcrOss mining suit
was resumed. Ii was day fraught with
victory for Alvinza Hayward and w. +.
Hobart. They were the new defendants in
the suit which NJ. w. Fox has brought
against the Hale & NorcrOsS, and they Op-
posed Fox's motion to introduce against
them the evidence of Evan Williams, Su-
periutendent of the Nevada mill, which was
given during the trial of the main case.
This evidence was considered very lmpOr-
tant
Judge Hebbard denied the motion to ad-
nit the testimony of Williams, and said
that objection had been made to the admlS-
sion of the evidence on the ground that no
conspiracy had been proved, or, if proved to
have once existed, it did not continue until
the date of Williams testimony, He did
not consider that he was called upon to de-
eide the question whether conspiracy had
been established prma faca While there
was some evidence Of general conspiracy
he uld not think that the testimony OF SUI
peHn;eudent Williams should bind hay
ward and Hobart. lie was not satisfied
LIaL NE testimony h5l4llSl LAiC -NC NM
should be admitted, and he denied Iurth er
testimony on that point.
AssAYER TANGERNIAN RECALLED.
Il W. Tangerman, an assayer, who has
given important testimony Tor Fox, was re-
called.
TEL US something Of the three-pan
annex TO which the shines were returned
for the benefit Of the milling company
d" ] have been told by an empl0ye, that
they returned $4,000 z month, replied the
witness.
This is supposed to represent the amount
Of bullion stolen by the mill-OwnerS from
the stockholders,
Byron Waters asked the witness what
were MS relations with the plaintiff, NJ. W.
Fox.
Z" l have been employed by him to obtain
evidence in this case"
"Wnat arrangements did YOU make for
compensation fUT your labor?" asked MI.
Waters.
90 did not make any arrangements"
" What! did you do 1t for fun ?"
Wei, ! had no fixed agreement, but l
understood that l would be paid Tor my
work.
"Haye you ever been paid any money for
"Weu. Ireceiyed a check once for $50 to
pay my fare. The last time l paid my own
expenses
The witness testified that he had been in
business As q mining man IN Virginia City
for many years, and IS Il taxpayer there. lie
said that he had obtained most OF his lniOr
nation concerning the mine from the man IN
charge OF the retOTts.
INDEFINITE TESTIMONY.
"Who was the retort man who told you
about the yield OF bullion OF the mine?'
was asked.
Il don't know his name"
well, when did he work III the mine?
We would Ike to get him ourselves"
"He told me i'm 1891"
Il object said Nj. Waters, ito all this
mans testimony as t. what he was told by
the retOrt man in 1891, which was a time
subsequent to the proceedings"
The opposition claimed that the witness
had referred 10 other years, and the motion
10 strike out his evidence was temporarily
withdrawn. But when Iangerman, under
searching REORGANIZATION, admitted that
he could not tell whether he had obtained
his information about the niue from the
retJTt man or the fireman, most OF his ties Ii
mouy was stricken out on the ground that
4, was indefinite as 10 date and other points
Of Importance,
Ayiuza Hayward was placed Uron the
stand as q witness for Fox. He said that
he and w ;. Hobart owned a ouc-hlth in
teTest each in the Nevada Mill and Mining
Company
Nv Lo gnei the checks that were paid to
II. NJ Levy Pre-, ident Of the Hale Il N0r-
cross Mining CompADy?'
Il do not remember believe that l was
in Europe part Of the time that Levy derived
his income from the mill company. The
money vas paid IN pursuance 10 some az
Taugement'
Are You in tie habit Of signing checks
for 5000 without knowing what the money
IS TO be paid for?"
Yes, sir, ! am, was the cheerful reply.
u sign them for $4,000. Mr.. Sells brings
cheeks and they All Yigllf and I
sign them"
WHY LEVY WAS PAID THIS MONEY.
DO you know why Levy was paid The
money in question ?'
Il do not know Of my own knowledge,
but have understood what ii was paid for.
Jones, Hamilton or Hobart might have tod
me"
Well, what was it for?"
why. it was for his interest in the busi-
ness Of tie Nevada MI ing Company"
What is MS intcrest?'
- believe he has a One-eighth interest
IN The profits Of the milling of certain ore"
How did he obtain that one-eighth in
terest%
That I do not know Of my own knowl-
edge, but | have heard"
We'll, how was it?'
There was an election Of officers of the
Hale a NOrcross Mining Company and
Levy announced himself as a candidate for
the position Of President There were
good many stockholders who did not want
to see Levy elected, my partner and myself
being among the number.
HE MADE A LIVELY FIGHT.
Put Levy made a very lively fight and it
looked as T he was liable to win anyhow.
/ understand It was finally decided To com
promise with him, and he was given a one
eighth interest in the milling of the ore of
the Hale u N0TcTOsS niue in consdera-
ton Of his Withdrawal from tie fight Sub
sCquently, however, he stated that 1t would
bumllate him very much to be left out alto
gether, and so he was elected a Director.
lie then pleaded with the Directors and got
to he President"
Mr. Hayward was asked to bring his
books into court In the afternoon, and he
expressed his willingness to do so.
Hayward was asked about Cans ASSAYS
and stated that they were always higher
than circumstances warranted.
W. +. Sell, Hayward's b0Ok-keeper. tes-
titled that the Nevada Milling Company
paid Levy sums aggregating S3O0,CO0, as
profits.
The trial Of the case will be resumed to-
day.
nEN