The San Francisco call., 1895-11-26
An Attorney in the Hale & Nor
cross Suit Objects to
Testimony.
he SAID THE WITNESS LIED.
Both Are Threatened With Fines for
Contempt-An Old Story
Revived.

A sensation cropped up in the Hale &
Norcross suit, which is on hearing in De-
partment of the Superior Court, after
being sent back by the Supreme Court for
readjustment of the accounting.
II. W. Tangerman, superintendent OF
the West Consolidated Virginia Mining
Company, witness for plaintiff, was being
cross-examined by W. E. F. Deal, one of
the attorneys for the defense.
The attorney was crowding the witness
hard regarding alleged irregularities while
employed as a collector for liquor firm in
Nevada and as a mining man in Colorado.
Tangerman acknowledged that he was in
dicted in the latter State, charged with
stealing, but said that he was acquitted.
The court yesterday, upon the objection
of plaintiffs attorney, finally shut off
further examination under this heading,
leaving the witness in a peculiar situation
as to his veracity. He was afterward
given an opportunity by the court to ex-
plain his connection with the alleged
crookedness, and during the narrative told
what he considered was the reason OF At
torney Deals animus in attempting to
impeach his testimony in the cross exam
ination.
His statement was 10 the effect that Deal
had offered him a commission for the per-
formance of certain work, which is unpro-
fessional and punishable by disbarment.
This startling and unusual statement
by the witness was carrying the war
into Africa" with a vengeance, and the
quiet courtroom awoke to realization
that something unusual was going to
happen.
Mr. Deal was on mis- feet IN an instant
with not only an objection, but loud pro-
testatlon and an emphatic demand for
protection as an officer OF the court.
~ am not on the witness-stand, your
Honor, he shouted, but l say that man
has lied and he knows that he is deli ber-
ately lying. was not an attorney IN that
case he mentions"
The now thoroughly angry attorney
made menacing rush toward the witness
stand and was met by the Deputy County
Clerk, who stood between him and Tan
german.
Affairs were taking a hostile hue, and
the principals of the great mining fight
were beginning TO take newer interest IN
the case.
Evan Williams, superintendent of the
Nevada mill, where the assays of ore
were made, leaned forward in his chair;
H. N. Levy, president of the Haze
d Norcross mine, whose work was COM
mented upon by the Supreme Court,
backed toward the door, and Alvinza
Hayward stood up and quietly waited for
the excitement to subside. w. W. Fox sat
and fguratively sawed away at an in
visible woodpile.
Sit down, Mr.. Deal" ordered his
Honor. Your objection is sustained. L
permitted"
THE witness has lied !; his veracity is i'm
peached," exclaimed Mr.. Deal, interrupt
ing tue court, land I demand"
THAT will do, Mr.. Deaf" said the Judge.
This morning l allowed questions as to
the Credibllity OF the witness and now he
was given an opportunity to make certain
explanations But seeing the irrelevancy
OF his statement l order it all stricken"
This IS the first time | was ever at
tackled in this place. said the lawyer,
again cutting off the court.
III you don't obey my instructions, Mr..
Deal. l shall fine you for contempt" said
the Judge, now thoroughly aroused. 81
want no apologies. l only want this court
treated with respect"
Then grim -visaged war was lost in peace
and adjournment.
Iangerman was first put on in the
morning session by the plaintiff to testify
IL regard to the real value Of the ore taken
from the mine and sent to the mill. His
evidence was the same as given at the for
mer trial and was to the effect that he, as
a stOckholder. believing that the assays at
the Hale q Norcross mine, and also at the
mill, had been doctored, had secretly taken
samples for test. These he had assayed,
getting 4 result which, he said, justified his
suspicious. He stated that he should ex-
pect not less than IS per cent of his car
assays as being the correct return from
large body of ore.
The witness was very unsatisfactory in
the matter of giving testimony. His per-
sistency in getting away from the question
and dragging in answers at distance from
the point came near getting him in con:
tempt, and he was the recipient OF several
strong warnings from the court.
Assayer II. r. Ellis was put on the stand
by the plaintiff to prove that the fine ores
do not assay as much as the coarser kind.
H. NJ. Levy, president of the mining
company, attended the case yesterday as
spectator and was served with a subpoena
to testify at the trial to-day.
Witness Tangerman, in an interview,
repeated his charges against Attorney
Deal and stated that if he had been armed
he would have resented the lawyers
words in the court there and then.