The morning call., 1893-03-01

+ -while drifting from & wlnze in the West
:: Cons olIdated Virginia and California mine
helhid'cut intossonie small stringers, B.:
:: y. ,':Dif you have the samples assayed?";
asked Joe NOu2ues his attorney.
-z.',.Yes, sir" said The miner. -
-: How much did it go?"
. averaged about S25 a TOM r
.1.::Dds you report the development 10 NJ.
:. B.:FQxP =. .~....s
s.: r. 'fYes. sir
: What was the size Of the stringer?"
.. *"About twelve feet wide"
T. +. At this last reply Mr. Nougues rose and
5:;said: he would like the witness to inform
ID lm " hattie called a ledge Of ore when he
';1r-1&e nfsa width Of twelve feet as stringer.
= - Mr.. Steele, who is the plaintiff in the
:s0iL was on the tand all day. He was the
: owner. Of the ground which adiotns the
Andes mine in Virginia City and which
:Goes by: the name of the West YiFginia
: Consolidated and California mine In c0u-
. %JhnetieD:with NJ. ". Fox. ]. w. Brown and
=. other mining operators in this city he
b: formed an Incorporation about -four years
Ego to. develop the property, working
= through the Andes shaft The stock was.
: not listed, but a pool was formed, and
3. while Steele was to give his attention to the
mine Fox and Brown were to attend to the
:tnanciering in San Francisco and ultimately
to make deal in The market by which all
:. the parties were to become bonanza princes.
= As SOON as the ore body was tapped Steele
:. Thought he detected conspiracy to freeze
HIM out, and as he could get no satisfaction
q. trumi his former partners lie secured The
services OF Lawyer y 0ugu5s, who pTueured
IN Injunction against Fox and the other
directors II the company to restrain them.
Iron selling any Of the stock, and brQusht
AN. .ac ion against the directors on behalf If
: Steele Tor an accounting and to annul the
:. contract with them for the sale of tie mine
on the ground Of their failure to carry ont
their agreement with Steele.
~ This occurred about two years ago and
= ever since that time the West Consolidated
J.. giula and California mine has been shut
down. The litigation thus Instituted has
prevented the fnrIher exploitation cf tie
alleged bonanza uncovered BY Steele close
II the west wall Of the famous Comstuck
-. Tie accounting suit is now being heard
by Judge Slack IN Department of the
Superior Court a number Of mining
people are watching its progress aud much
interest in the case IS being manifested By
the dealers IN mining stocks OF Pine street,
+ " liil4m 1. baggett, assisted by ex-Judge
- ' an heyneg0m IS acting as counsel for NJ.
w. Fox, y. W. Brown, William T. Baggett,
a. d. Catvill and Porter Il. Andross, the
defendants.
+. The trial which began on Monday week
s ago, after two days session, was resumed
:. yesterday and is likely to continue until TO-
morrow.
Oscar C Steele testified yesterday that on
E: January 4, 1889, lie received in Virginia
. CITY tue following dispatch from San Fran
cisco:
-. Come to san Francisco, .y5u are wanted here
al once ~. ". Fox.
z. The witness stated that when he arrived
here Messrs. Fox and Brown told him they
. :bad:a com animation wItn some OF the biggest
-.fuen on the CONS tock by which an extensive
. deal NaSto be COnsumnsated. They were 90
ing to put the price OF West Consolidated
AlrGlnia stock UP from $40 TO $50 a share.
In order 10 carry out the deal Steele and the
.-otber holders of the stock would be required
TO put up their stock in Browns hands
Steele was TO put up 2,JQ0 shares, Samuel
Z. IuftlS 14lO shares, and Fox and Brown
2: pToporuonately, according TO their held
ings..
MI Steele said that as Sam Curtis had
favored the pTopoSiuen he concluded 10
:-enteEsllltG the scheme. Nj. Brown drew up
tie order for tie strcE, which was intro
Oueta IN evidence. II reclted that Steeleis
:. 1900 shares were to be given mp TO a-party
: TO 5s named by Brown, and who was to as
sist in manipulating tile big deal.
: :. he same parties al this iiIne secured con-
troll Of the Old Andes mineand Steele went
=: back to Virginia City as superintendent of
-.,bOtE mines. de then began to drift west
3 IN search Of The ore body, which lie soon
-fouud. His instructions ffom Brown, who
was president, and Fox who was vice
president OF the TWO companies was that
.::all work to be done by him: was to be re-
p: ported 10 the Andes company, in whose
ofnce the expenses for the Joint work would
!: be appoTtloned between the two Companies
:. aud they, Fox and BFDwn. would pay the
West Consolidated Virginia share to the
= Andes people. s.. .s-
~. When in the latter part Of 1883 Steele re-
= turned to San Francisco ne asked Fox and
:: Brown about the indie 0tedness of the West
Consolidated. He had meanwhile been dis
G:chaTged as superintendent. They told
:; hlnl. they bad paid $1,000 on ac-
~@9Gunt. oi 1Dint ~ erE to the Andes Company
s5.:y llch tue West Consolidated owed 10 them.
=. Ihey encouraged himi with the statement
= that the big deal would soon be made.
"Iley had stopped selling the.faDital stock
: al g per share, and noue would be sold I'M
3; der SO. by this course enough would be
; seeured:.tO carry on tic Ydfk IN the mine.
They. adYlsed him to be:patJeut and wait.
-: NJ. Steele further testified that he re-
..maiDed In San Francisco over two months
and until he was "6Toke." He asked Brown
. and Fox 0-sell some Of the stock out OF the
:. pool and give him part Of it.s:sGhey tod
: him "the big men behind the deal would not
: :listenst0 any such proposition. Then the
witness tried 70 borrow. money from them,
:: Whereupen' he " as told they could not ac.
conimHdate him.. because they had over
: S202s00Q tied up IN ths Andes mine and be-
sides lad advanoed tlTe money for the work
> IN the w est Virginia CQds0ldated WisHess
::@6nalIy had to-. .bslIf W enough. funds to nav
- - Y =
employment atdaily wages in the mines. :,
~ a great. p6rtfOu Of the day Was occupied
,:s.by Mr.. Aeu suess1 T.. reading letters received
~bf Stee Ge foriI:f OK a}LUf Which were made
.s5sX hlbits in the case. These were written
!. Under tke. lei tterheadssof the SNest COnsoli-
dated = Y FrgiaIa: and Cal}fDrifia Gold and
:: :Sll lyer' :Alfn+Bg: and. Aftfling Company, 32f
i 7 ines iTeet, rooms anf9." Most Of them
:: Were .cofnniend sfofyof steele's @OrK
; "a 5: sll5lerl tenuent,,.:
= :Gepetal WalieT Turnhaft was. ope of the
:;;dlfectoTs :6f Ahe Andes nne and about tile
: time, the strike in. West Consolidated Viz.
*agl MIA WAS +IRaiie be deSlTed 10 visit the mine
Fire lettetsfr5In Fox to Steele, in which:the
:*lat.er was cautioned n OF tt6:axpose the ore
:fn:tle West Con s0ljdated: " iTgiEi ia, ,sexcEted
;IpticF.a sement as they asere:Fead Iy:Atr.
No uGfes.s. =. ::ss'.: 80 s.os =. =.
=1z;T ;T5,e. following were among the -l8tters
I: -Tea dE'- -: : -; E
= GseneEal- TiiIiRulr and MP. Hall directors OF
"a ~. m may go 10 vIkgTla CRY next week.
III they eaN on y6,I show Them III there Is 70 be
Be6p;is Andes. rD0n'C mention West Con. Wiz.
. 6l5lla and California to llieJf.L would net bring
: lleil:r6:illr Station on, the: f75 leyelof West
Cor. his Is al1 l1ls lime. NJ. w Fox
!, Auotlgr letter to Steele says: .
>1iessys. ,stsele e B,fdei..GENTs: General
:: bnll.a drsctor. OF tiieAndes, goes up .tos
NOR ew:a Show hjw all the sttenticu you possi@
:. bly, can. + yerythig is "A ndes. DoIft mention
Z. West Gon: y tGgiAla 0rsay West. M. W. Fox.
Is: Fox, wrote as follows, :eemplimenting
Il: " - - Us tULY 10Ss9. 81
..Flisfd steeie. .:Y6u doheirIght,j6 showing Sir
: 4 urn Jull Ihrohgh" ihs Andes: mine. EbaVe no.:
@sp0ken; 6lla as Jer. II Will H. day OF two
= As-l9f lr: Brown telling YOU 10 eeOnonfZe Thar
6. Is al r'gbt. He must say something. You keep
eNl,enses''tinder $1,000 AMI Will see that yon
7. %lIi receive no blaIHe Il oIn7 hiins ~. w. Fox
!: !. in the following letter Fox gives Steele
!. some good advice:
+ :: II. sisrch 3, 1890.
{: friend steeIe--DEAR SIR: Your favor of 9th
;1ca4lie 10 hapd some days ago. del aged answer
#1ng lt7unul now In hopes ! would b able o ret
. you something TO do az the Andes, but received
a Letter from Mr.. Briden, hi which lie says he
VIII not haYe you around the A ndes mine.
: 6leeie. lllls Is all Your own IA ull: Won