The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-06
FIGHTING FOR MACKAY,
Attorney TausZky Loudly
Charges BlaCkmail Against
SeiberSt and Fox.
The Argument in the Mining Suit Is
Mainly an Exchange of
Angry Attacks.

In the Fox Mackay mining suit, now on
trial in Department l of the Superior
Court, Attorney Sieberst, for the plaintiff,
continued his argument yesterday morn
ing, covering the ground as outlined on
the previous day. In the course of his re-
marks be took occasion to apologize to the
court and opposing counsel for any severe
criticism that in the heat of passion he
might have applied to the latter, disclaim-
ing any malicious intent, and holding that
he was bent only upon showing his side of
the case to the best advantage.
Deal, attorney for the defendant &C
copied the apology in graceful speech,
and the outbreak between the two lawyers
that has seemed more than imminent since
the inception of the trial was temporarily
relegated to the background.
Later in the day, however, when
Tauszky, who is associated with Deal in
the case, opened for the defense, he waxed
so abusive in a multiplicity of offensive
personalities that Sieberst restrained him
self with the greatest difficulty, pacing up
and down the courtroom meanwhile, and
going out at intervals to escape the hear
ing of the charges of his fiery assailant,
who declared that he, and he alone, insti-
gated the suit for purposes of blackmail.
In opening, Sieberst took up the thread
of his argument where it had been severed
by the previous days adjournment. He
insisted that the milling and mining COM
pany, which handled the ore for the Con-
soidated California and Virginia Mining
Company, had been organized by Flood
Mackay and Jones, for the sole purpose of
defrauding the other stockholders, and
that it had been used from the first as
cover for fraudulent action. He wanted
fn w ho nf ho
had been raised, on request of Senator
Jones, president Of the company, from So
to 81 per ton. "They answer us" con-
tinued Mr.. Sieberst, "that it was done be-
cause of the high price of quicksilver, and
yet we have shown clearly and conciusively
that quicksilver was highest when re-
duction was ordered for time in the mill
ing rate from Sc to S.. If this was a legiti-
mate transaction, in the profits of which
all the stockholders participated, why was
a knowledge OF the scheme withheld from
them2 A clearer ombination to defeat
the ends of justice never existed.
eff the defense has nothing to fear from
an exposure of the methods used by
Mackay and Flood and Jones in this trans
action, why has 1t sought to obstruct the
course of this trial by refusing to exhibit
documents and answer questions having
admitted relevancy? Mackay was asked
on the witness-stand when he went to Vir-
ginia City to take charge of the Comstock,
and his answer was, Il don't know This
is only one of many questions that he
answered evasively and untruthfully. He
does know, but he will not tell. AS a mat
ter of fact he was playing a high-handed
game at both ends of the string-mine and
mill-thereby defrauding the other stock
holders and adding millions to his own
account. We have asked for records bear
ing on this fraudulent contract, known to
be in possession of the defense, and yet
they get on the witness-stand and swear
that they cannot find them. They have
done everything in their power to obstruct
this investigation, and still they ask us to
believe that everything was legally con-
Quoted"
At the afternoon session Edmund
Tauszky opened the argument for the
defense. He devoted himself exclusively
to one point namely, the motive which
read letter dated November Z, 1891,
written to Fish, president of the Con-
solidated California and Virginia Mining
Company, by Attorney Sieberst on behalf
OF Theodore Fox, a stakeholder in the cor
poration and plaintiff in the present case,
charging fraud in the Jones milling con-
tract, and asking that some action be taken
in the interest of all the stockholders
Fish called a meeting of the directors to
consider the matter, and they decided to
answer Seiberst to the effect that an in
vestigaton would be ordered if 1t could be
shown that there was any foundation for
such action. The letter also invited
Sieberst and Fox to hold conference with
the board, relative to the charges con-
tanned in the communication. This, they
declined to do, stating as reason therefor,
that Mackay controlled the directors to a
man.
In the correspondence. counsel for the
defense urged that a motive was apparent,
and that this motive was blackmail.
why did Sieberst and Fox not come
forward and substantiate their unfounded
charges? / will tell you why" continued
Tauszky. "They believed that rather than
stand suit the directors would buy them
off. We are told that this action is in the
interest of not one stakeholder, but of all
the stockholders, and that they will all
come in if Fox wins this suit.
Mr.. Tauszky will conclude his argument
Tuesday, commencing at 10 o'clock A. M.
There are about 700 golf clubs at present