The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-03
PROBING FOR PROOF.
dwelling Mysteries of the Hale
& NorcrOsS Nine.
Valuable Tailirgs Given to the Milling Com
pany-W William S Hobart's Bad Memory.
Newspaper Criticism UEdssired.

The mysteries Of the management OF the
Hale * Norcross Mining Company and its
dealings with the Nevada Milling Company
were given a further probing in Judge Heb
bard's department yesterday when the trial
of the now famous case was resumed.
W. l. Baggett, attorney for the plaintiff
Fox read a stipulation between counsel TO
the effect that they had agreed to admit in
evidence in the case against the Nevada
mill. ". s Hobart and AlyinZa Hayward
all the oral testimony taken IN the case
against the Hale * NOrcr S. Company. Ii
was also agreed that the Sharon estate ana
j. p jones should be dropped from the list
If defendants. because Baggett had failed
10 make service upon them.
Secretary a. B. Thompson Of the mining
company was the first witness examined.
In reply 10 questions by Baggett he sad
that it was customary for tile Board OF d.
rect0rs to meet periodically and approve
contracts for milling the Gre; that all the
stockholders voted at those meetings with
the exception Of q few owning about forty
shares, who were represented by proxies
DEMAND FOR THE BOOKS.
"Can You produce the books showing the
expenditure Of cash during the nret lew
week? % asked Mr. Bag5etI
"Whv do ven want 10 see these books?
asked Byron Waters, one CT the attorneys
for tie defense.
Il desire TO show" said BaEgett "that
the money of thIs CoTporau0n Is beng used
30 defeat this suit. Tie corporation should
not defend the suit, for II IS interested III
having It's affairs ventilated
"Iha question" remarked Waters, SIS
directed 10 matters outside OF the issue. l
am not IN favor of elctIug matter for the
newspapers
In his blandest tones Baggett answered
that it was proposed 90 show that the thief
Of yesterday is the thief u to-day. If they
can be caught he said. with their arms
iu the treasury Of this corporation up 20 tile
elbows. we should be allowed 10 exp SO
them. / know that the gentleman IS over
anxious about what tie newspapers say.
No honest man ought to be afraid Of what
the papers say. This IS court OF justice,
and why should the people there be afraid
OF the papers? II is the duty OF the press
80 yeDtij8te such a case as this"
The Court sustained the objection.
TESTIMONY OF AssAYERS.
Il. p Wood, the assayer, testified that in
May lie assayed for tie plaintiff shines
taken from tie Hale & N0rcTO>s mine,
which showed SO 96 gold and 10 Il silver
Ter tOn-a total Of So 90 Tins material
was allowed TO be used by the Nevada mill
as "taIlugS.
- II
that he had an0lyLed shines from the nine
and found that they contained SIG II in
gold and So 4 In silver per ton.
W. \ Hobart, one OF the principal stock
holders of the Nevada mill, was called aud
closely questioned about tie organization OF
that concern. Bis memory was phenJme-
Dally bad. lie protested 10 know very lit
lie about the bushes, If the company, and
apparently had unlimited nnItGCe IN lis
associates.
Attorney BaE-ett questioned him about
the checks paid 90 President Levy Of the
hale ~ N0TcrO>s Company, and wanted TO
know why the officers OF the mill company
should part with the numerous large sums
of MONEY which had gone into the pocket, OF
President Levy. Hobart d.d 40, know foI
what the money had been paid.
did You ever draw any check his favor
through Z. Williams, PRESIDENT of she
Bullion and EXcAa. &c Bank If Carson
CIty?"
Witness reflected. but could not remember
CHECKS DRAWN on DEMAND.
"WeTe not checks drawn In favor Of Mr..
Levy with your uaWe attGcLed.'
There may have been. BY secretary
was instructed 10 draw checks on demand
Of 1Ir. Williamson my auth1rity'
For hat purpose were Ilry drawn ?'
81 do not know"
Five checks which had been drawn by
Hobart IN favor OF Levy, as President of
the Hale d Norcross Mining Company,
were prC iUced.
why, Nj. Hobart" questioned Baggett,
holding up the checks, did you draw the
check far SlS06 in favor Of Mr.. Levy on
July @. ls9l?'
II 30 not know"
Questioned about the other checks. Ho-
bart said they represented Levy's share Of
the profits.
VI. W Fox, the plaintiff. was recalled and
Identified a communication sent 10y him 10
the Directors Of the company on August
%, 1880, and 10 which be called attention to
the operations of the Nevada Milling Com
pany. and declared that q conspiracy existed
t. defraud tile stockholders Of the Hale S
NcTC;OSs Company.
The hearing wi. be resumed to-day,