The morning call., 1893-03-02
THE HAND OF LEVY
His Failure to Corral the
West Mine.
A STRIKE IN THE UPRAISE.
More About the Alleged New Bonanza
on the Comstock- Ledge of
Good Milling Ore.

Oscar c. Steele, the plaintiff in the suit
against NJ. w. Fox for an accounting in the
matter of the West Consolidated Virginia
and California Mining Company. on his
cross-examination yesterday by Mr.. Bag
gett, stated that he had some preliminary
dealings with Il. N. Levy before the present
action was brought
he said that he came to this city at the
request of Bob Heating, who at the time,
June, 1889, was superintendent of the Hale
d NorcrOss mine He met Heating and II.
. NJ. Levy at the office of the Savage company
In this city. They paid him S160 for his ex-
penses ON that occasion.
THIS evidence was not admitted without
encountering Grst some very vigorous objec-
tons from Steele's attorney, Joseph NJ.
Nougues. The lawyer said he would liketo
go on the stand and testify himself as TO the
facts connected with the plaintiff relations
10 Levy, but insisted that this transaction
had nothing TO do with Fox and Browns at
tempt to steal the West Consolidated Vir-
GINA mine from Steele.
Mr. Baggett said he intended to show that
the present action was the result of a con-
splrScy among certain men not only to
wIest the control of the mine from Fox and
Brown, but also TO injure Fox in his litiga-
ton against the directors of the Hale &
Norcross Mining Company. He proposed
to show that Steele had no grievance against
Fox up to the time of the bringing of his
suit. and had never made any complaint
either TO Fox or Brown in regard To the
management of tile business of the West
Consolidated Virginia and California nfiue.
Mr.. Baggett said he would further show
that the cOnspirators had paid Steele's coun-
sci large fee IL addition 10 S!eele's eX-
penseS.
Mr. NOugues replied that the original
negotiations between Levy and Steele had
tal4rn through, and they had nothing to do
with the case before Judge Slack. lie said
be had no objection to Mr.. Baggett asking
the witness if he had sold out all his inter-
ess in the West Consolidated Virginia and
! California mine: Ii was, however, no de-
tense for Mr.. Fox to show that Levy or
some one else mad agreed to work the West
Consolidated prior to the bringing of this
action, or that they were negotiating with
| Mr.. Steele with this object in view. He
added that ii cut no figure in the case to in-
qulre how Steele first gained his knowledge
that he was being victimZed, even IL a
state prison convict had enlightened him.
In reply to Mr.. Baggett, witness said that
John Brady of Virginia CITY was the first
man who told him that Mr.. Keating wanted
to see him. keatinG had teleRraphed 10
| Brady for Steele 10 c0me 10 San Francisco.
| The conversation in the Savage office with
| Levy was about furnishing witness with
money to enable MIN to regain control of the
mine. The negotiations with Levy fell
| through because the latter wanted Steele 10
| give up all his stock 10 Levy. and when Levy
| found out that Steele bad tied himself up by
the contract with Fox and Brown Levy
abandoned his efforts 10 obtain the control
| of the West Consolidated Virginia and
| California mine.
Mr.. Baggett asked the witness several
| questions, the object of which was TO Sc.
| cure admissions that the ore found in the
| Vast iFAnSOIifa a tod n lou de
and would not pay to work. He asked Mr.
! Steele whether the stock had any market
| value at the time he was directing opera
| tOns in the NINE. Witness replied thal
some Of the stock was sold at from 81 80 tC
| 81 % share. He had told Fox in regard
| 10 the Developments in the mine. He haC
| found bunches of ore when he sank the
! shaft Most of 1t, however, was low grade
| ore. 1t was IN the upraiSe between the l75
| foot level and the 350-fOOt level that ht
! found a ledge about twelve feet wide o.
| good ore which would give an average assay
| Of So 10 $50 Il ton He drIfted about Sixty
| feet INTO this lfdge, ali Of which was in goOC
milling ore. He reported the facts to The
| Andes Company, in accordance With in.
! stFuCtionS from Fox and Brown. Ia regard
| to the commencement OF the present suit
| levy wanted witness TO turn over all Ills
| stock 10 him, in which event Levy would
| bear the expenses OF the litigation, but wit
ness declined to enter into any such arrange
Iuent.
Mr.. Nougues again addressed the court In
| remonstTaDee against the Rdmissiblity o
| this line OF evidence. He asserted that
| Fox and Brown had iuled the plaintiff into
| sense Of security under the belief that
! they had big men behind them and were
! going TO make a deal with the stock when
all the time such men were myths, and Fox
| and Brown never intended to carry cut
| their part Of the contract
Mr.. Baggett asked the witness wAether II
| was not true that his negotiations with
| Levy bad fallen through as soon as wituess
| had failed in his attempt to capture the or
| ganiZatiOD, and that it was brought th
moment after the election OF directors ad
| veTsely to him.
Mr.. Steele denied that such were the facts
"Put me en- the stand" shouted Mr.
! Nougues, "and l viii tell you all about the
| negotiations with Levy"
| Counsel for Mr.. Fox did not accept thi
| invitation, and an adjournment was ordered
until this morning.