The Helena independent., 1892-05-28
xinlt lss lals 4 Ncfcross ana
svAda Mining ana Milling
Companies
xoet Iznportant Mining 6sait ~
OalitAfnia Since tho Honansa
Gases.
EkpSapiracy 10 Dsfraad Alleged and
Il rxsvsd --inaiviauai judgments
n ss gainst Directers.

SAN rAANo1sco. May 27.--Ths suit Of N
NJ wv Ecx, i stockholdsr, against the Hale .
Nofsroas silver Mining company. and III
4 Nevada Mil and Mining company. for Al
accounting and Judgment against eael
\ defendant for $2oD0.0O0, alleged duo b.
resson Of certain frauds and breaches o
NJ trust rsaultipg from unlawful combina
tiona, ended to-day by a decision by Su
psfior Judge Hsbhard, awarding Fox g.,
6lS0oO damages and appointing q receiver
Il for ne properties uAtil judgment ID recov-
ersd. This suit. which was begun several
months ago, was tho most important min.
4 i'm case tried in ths city since the cele-
\ bratsd Bonanza snits against Fair, Maekay,
Flood and the Con. Virginia company.
During the trial, which lasted several
months the constant sndsavor OF Fox was
"a show that the directors Of tho Hale 4
Norcross were more dummies, installed in
pfice By Hayward and Hobart as owners of
the Nevada Mil and Mining company. and
that the latter corporation charged exhor-
bitant rates for milling Hale Il Noroross
\ ore. besides unlawfnlly retaining ''slimes''
and .stailings'' that had been enriched by a
defective mode Of milling. 1t was charged
that II. M. Levy, president Of the mining
company, was in collasion with Hayward
ana Hobart and received subsidy from
them.
Plaintiff further contended that these
transactions extended over long period of
time and that the stockholders had been
robbed OF million Of dollsrs. The ques-
tion submitted to Judge Hebbard was
whether defendants had boon guilty Of
either fraud OF negligence to such extent as
10 sntitle plaintiff to tho accounting. Judge
Aebbard, after reviewing the case. an
nouncad: II find the total amount of dam
agcs caused to the Hale d Noroross Silver
Mining company and its stockholders, BY
reason Of said unlawful combination. con-
spiracy of the defendants herein, TO be the
sum Of $l.Ol2OOO. fnd that defendant
Alvinsa Hayward. w. S. Hobart. the Ne
yada Mill and Mining company. and Fl. n.
Levy, were members of q conspiracy during
all of the time covered BY the complaint,
and that they are. and each Of them is. liza
BILE Ia the full amount stated.
rectors OF the Hale d Norcross corporation
ii different times during these years, find
ths amouns Of each to be in
proportion TO the period during
which be was director, by the number Of
tons 0f ore milled dsrinR that period, mul-
tiplied by profit of $20.5O per ton, and
find each one to bs liable in tho following
amounts, respectively; G. I. Bridge, w. Z.
Sell, and Joseph Souther, $l2, 600 each; w.
q, Watson, $116. 900; Charles p. Eaean. A.
X. Harmon, Joseph Marks and Chas. s.
Wheeler, $210, 900 each; f. b. Holmes, S7O.-
900, and j. b. Low $50. .0o0n
In conclusion, Judge Hebbard orders that
the Hale and Norcross company recover for
lkhs bono6t Of all its stockholders the re-
1pectiye amounts from oil defendants; that
fcx have Judgment for his costs against ali
defendants; that receiver be appointed to
6olls6t the Judgment: tha. the receivers
bonds be fixed at $4,000. and that J. ].
Groom, clerk of this court. be appointed
buch receiver.