The morning call., 1892-02-10
CONSPIRACY SHOWN.
A Significant Ruling in the Hale
& NOrcross Case.
L " Fox, the Plaintiff, Announces That
His Case Is Ciessd-Judge Rebbard De-
eidss a Motion for a Eo1suit.

N. ". Fox. who has charged the Hale &
NorcrOss Mining Company Win deiraudiug
its Stockholders Of 100000 by collision
with the Nevada Milling Company, went TO
his d0wny pillow last night with the bliss
fui consciousness Of having partially sue
ceeded in proving his accusation.
The trial Of Fox's case against the Hale Il
N0UcToss Company WAS resumed before
Judge Hebbard yesterday morning. and A.
tCrney Blggett argued for the admission of
The evidence given by Evan Williams in the
tEial Of the suit against Hale IL NOTcross
in the supplementary suit against the Ne
vada Milling Company.
The Court ruled that IL was competent 10
read the testimony in evidence, ana tile at
t0r1ey then asked that the same evidence
might be admitted against Hayward aud
Hobart. bat the Court refuse! 10 admit on
the ground that Hobart and Hayward had
been sued as members of the Nevada MIL
COMPANY.
several letters pertaining Go ihe Nevada
mill and addressed to w. $. Hobart were
submitted in evidence, and counsel an
n0unced that the plaintiffs case was closed.
MOTION MADE FOR a SoEsUT.
Counsel for the defendants moved for a
non,ult and Attorney William Wood argued
the motion under Section Jsl, Code OF Civil
Procedure. lie cCutcndrd (bat the paint #
had failed 10 prove q conspiracy or sub
stauNate any q tGc allegations OF the COM
piaiaE, as far as Hayward aEd II bart are
concerned. BE said That the motion for a
uOusUit was Oh behalf OF all tie defendants
excepting tie Hale IL N0rcr0s5 Mining
Company as a corporation.
Attorney ". 7. BaEgett in reply con-
tended that tie Ilainull had already estab-
llshed prlma-lacle case. There was no
doubt that q conspiracy by which the
stockholders had been defrauded had been
proved. tie had not thought that any per-
son would have the aGdacty 10 seriously
argue a % otion for a nousuit.
Attorney Wood insisted that there was
not particle Of evidence anywhere that
would Justify the counsel or court in saying
that the su erintendent Of the Hale & Nor
cross mine ever mixed the ores: that false
or incorrect ASSAYS had been made, or that
any faint Of fraud could be shown against
the defendants lie asked for n ruling in
the case OF Hobart and Hayward
"A STRONG CASE MADE OUT.
The Court ordered that all the motions
should be submitted at the same time, and
they were submitted. Judge HebbaId then
said.
have followed the evidence very care
fully To my mlnd II api ears that the
stockholders Of the Hale IL Norcr0ss Com
pany have been defrauded Of some of their
property. There Is no doubt that the plant
III bias made out a strong case Of conspiracy.
at least priIna iacie, except perhaps as to
Hayward and Hobart as individual defend
ants. But there are certain facts aad sus-
picOus circumstances connecting Hayward
and Hobart with the case which connect
them il seems W lib tie conspiracy itself. /
deny tho motion for nOnsuit as 10 any and
all the defendants. Let the case be resumed
Tomorrow
Tie Court then postponed further pro-
eeedings until this morning, when the de-
iendants viii open their side Of the case.