The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-10-31
Closely Examined by Plaintiff
Counsel, Who Did Not
Shake Them.
CAR SAMPLE ASSAYS TOO HIGH
General Belief That the Supreme
Court Will Reopen the Cele-
brated Case.

VIRG INA, New, Oct. 30.-Three days
have been consumed here at the Office of
W. F. Deal in taking expert testimony in
the famous Hale & Norcross suit. The
testimony taken has, it appears, injured
the plaintiffs cause very materially.
When Judge Hebbard of San Francisco
rendered his decision giving the plaintiff,
Fox, a verdict of S1,011 900 he did so on
the basis of car-sample assays. These as
says, he declared, were the pivotal points
in the case.
The Supreme Court reversed this, and
ordered judgment to be taken on the basis
of the battery assays, which made a differ
ence in the amount of the judgment of
about $780, 900.
Nine witnesses have been examined dur
ing the three days, all experts in mining,
and these witnesses to man affirm that
car-sample assays are invariably unre-
liable and too high, and that the battery
or pulp assays are the only true guides by
which the value of ore can be determined.
Attorney Baggett, counsel for plaintiffs
examined these witnesses with exceeding
care and minuteness on this point, but
could not alter their testimony in the
least. The president and secretary of the
Nevada Mill and Mining Company that re-
duced the ores were also examined as to
the correctness of the books and the low
grade and worthless ores that were taken
to the mill for reduction.
Their testimony was to the effect that 81,
the price paid for milling the ore, was not
excessive and was the price universally
paid by every mill on the Comstock. That
not over 10 to Is per cent of the ore assayed
as low as SO per ton and not any assayed
under that valuation. Fully IS to 90 per
cent of the ore that was milled, they de-
clared, paid the Hale G. Norcross a profit.
1t is generally believed that the Supreme
Court of California may reopen the case
on the strength of this evidence, and if it
should, that the Judgment against the
defendants, Hobart, Hayward and Levy,
will be reduced to figure based on the 10
to Is per cent of low-grade ore that was
taken to the Nevada mill.
When the attorneys in the case left here
this evening Baggett had worried ex-
preston, and did not appear as if he was
pleased with the testimony that had been
taken. Attorney Woods, on the other
hand, seemed pleased with the turn of the
case. None of the counsel seemed in
clined TO talk, and refused to be inter
viewed.
About 500 pages of typewriter matter
were taken in the dispositions of the nine
witnesses. 1t will therefore be seen that
the assay question is the vital one in the
case. All of the witnesses who were seen
by THE CALL correspondent gave the in
formation that this was practically the
only point in regard to which they were
questioned.
Evan Williams, superintendent of the
Nevada Mill and Mining Company, be-
ieves that sufficient new testimony can be
gathered together to reopen the case, and
if such should prove true that Baggett's
1882, 600 fee allowed him by Judge Heb
bard will be almost if not wholly wiped
out, and that the Judgment against the
defendants will be reduced to very small
figure. 1t would not surprise him, he
says, if judgment were rendered against
the plaintiff, Fox, should the case be re-
opened.
J. R. Ryan, the superintendent of the
Hale 81 Norcross, would not express an
opinion.
The people here are anxious in regard to
the outcome, as they believe that things
will start up again when this case and the
one against Mackay are finally settled
Inasmuch as it is conceded that if the law
assumes that returns must be made to the
mines by the mills on the basis of the cal
sample assays, and not the battery ASSAY,
as has been customary, it will subject
almost every company on the ComstocB
to litigation.