The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-16
FOR THE DEFENSE.
The Other Side of the Fox and
HaIe g. NOrcrOss Story.
Shines Always Given to the Milling Company.
Superintendent Who Wanted to Be
6 Purchaser.

The defendants in the Hale & Norcross
mining suit are telling their story in Judge
nebbard's courtroom and, as was expected,
it differs materially from the narrative told
by the plaintiff and his witnesses.
E. A Woodbury.. Superintendent of the
Eureka and Morgan mills, was the first in
the witness-chair. He said lie had been
thirty years engaged in milling COmstock
ores. He had worked for a long time at the
Omega mill, which is at a point where the
tailingS of the Virginia City mills come to-
gether.
"Have you ever seen the Nevada mill?"
Yes, have seen it and considered 1t
one of the best"
"Were you acquainted with the men who
had charge Of the mill in 1887, 1888 and
1882"
Witness said that he was intimately ac-
quainted with these men and thought that
they were competent,
Did you ever examine the shines OF the
Nevada mill?" was the next question.
Woodbury. said that he had examined th e
shines with view to purchasing them.
How long aGOP
FOR THE MORGAN MILL.
about q month or six weeks ago l first
thought that | would buy them for myself
After that l wanted to buy them for the
Morgan mill"
"WhO owns the Morgan mill?"
The COmstock Mill and Mining Com
pany."
at is not owned by the Nevada Mill Com
pany?"
mo, sir"
Woodbury. was asked why he did not buy
the shines for himself. and answered that
he could not work them prOftably. He
thought they could have been handled adj
vantageOusiy by the Morgan mill, but that
concern decided that il did not want them.
did you make an offer for the shines?
NO, sir. Mr. Williams offered to let me
have them for $4,000. The Morgan Mill
Company concluded it did not want the
shines and declined to make any tender. L
| thought there was money IN the shines at
$4,000, but the company did not want
them.
There were about 10, 600 tons of shines IN
the reservoirs and on the grounds, which
were worth about So per ton. About
$4,000 profit could have been made by
working them, but the two lower ponds
were III danger from freshets and cloud
bursts.
II have worked Hale & Norcross ore.
and it is rather slimy-tnat is, it contains
considerable clay. Ordinarily 1t takes 5000
tons OF ore to make one ton OF tallIngS. 1t
| is customary for the mill to keep the tall
lngS aud work them over Tor It's own ben
eft"
Attorney Baggett said it had never been
| the custom of any mill to retain anything
but the refuse material that goes through
the pan. The custom that witness spoke Of
was the result of contracts made by tie
ring which owns the Nevada mill.
MIR. WATERS PROTESTS.
81 protest against that statement" re-
torted Attorney Waters for the defense.
We viii show that the custom has existed
since the modern milling began"
81 hone VOU'l be able TO do II. " said Bag
gett In bis blandest tones, whereupOn the
Court IuterpOSed, remarklng that state
ments by counsel are not proof in the case.
Witness testified that while employed at
the Phoenix, Pe,aluma and MarlpOsa mills,
which were not owned by the Nevada COM
Pany, lie knew the talIngs went to the
mills and not 20 the mines.
The Omega mill" said witness, (which
works nothing but tailiugS and shines,
makes profit; how much do not know. 1t
works up about 100 tons Of shines and 100
tons Of sand day"
what profit can be obtained from shines
assaylng SIC a ton at the Nevada nllll?'
asked Baggett.
Il do net think there would be any profit
at that mill on account OF the uufayorable
conditions"
What profit could be made if the condi-
tons were lavorable?"
The witness, after making a little calcu-
latiOn, replied that the profit would amount
10 about s. a ton.
REPORTED To MACKAY.
Did you report to John w. Mackay the
price for which Williams had offered to sell
the Nevada mill simes?"
Il did, because l had orders from him to
do so"
Does he OVID the Morgan mill?"
Il don't know. do what he tells me to
do"
We'll, what did Mr.. Mackay say?"
III q m q IN 4 IN -
Witness professed Ignorance Of the loss Of
$1,000 worth Of bullion at the Eureka or
Maynard mills. He did not know that
Bisby when in charge Of the Mariposa mills
Virginia ore. while he received but 90 per
cent out of it. The Phoenix mill. he said,
did not retain the shines. but permitted them
to run off into the cany onS.