The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-07
MAY NOT BE PROSECUTED.
No One Ready to Proceed Against the
Hale & Norcross Defend
ants,

The most interesting matter to the old
timers about the stock boards in relation
to the Hale & Norcross case is whether the
defendants, whom the Supreme Court
charged with conspiracy to defraud, will
be prosecuted.
AS yet no one seems willing to take the
initiative in the matter, and thus far the
plaintiff, NJ. W. Fox, his attorney, w. t.
Baggett, and the District Attorneys Office,
have disclaimed any intention of pro-
ceeding.
District Attorney Barnes said yesterday
that his Office had not given the matter
sufficient attention on account of the work
on the Durrant case, to say whether or not
the case should come under their notice.
He said
We cannot move in the matter of our own
volition, but can merely act when the matter
is called to our attention by the injured
parties, who in this case are the stockholders
OF the mine: There are two grades OF con-
comes under the civil law and the other under
the Criminal Code. Which of these this case
belongs to we have not as yet had chance to
determine, not having read the tull decision
as rendered by the Supreme Court.
1t would seem that the matter is one for the
Grand Jury to take eognizance of, in which
case, OF course. it would eventually come to us.
Attorney Baggett is also shy of anything
but the civil end of the matter. He said
yesterday:
1 have nothing to do with any criminal
prosecution of these men and do not know
whether there is to be any. The matter be-
longs to the State, and / have no doubt the
State will deal with them according to their
deserts.
Mr.. Baggett is much eIated over the de-
cision of the Supreme Court and says while
that tribunal did not fully sustain the lower
court the result amounts practically to a
victory. On this point he said:
The defendants cannot carry the matter to
the Supreme Court, so that the verdict against
Hayward, Hobart and Levy is finally won, and
in the case of the others the remand for q new
trial merely throws the door open for more
testimony, which we are ready and willing to
give. have no doubt about the final result.
AS NJ. w. Fox, the plaintiff in the civil
suit, has stated that he will not begin
criminal proceedings the case will probably
rest where it is, unless the Grand Jury
takes it up.
In spite of the predictions of the stock
sharps, who prophesied wild boom in
mining shares when the Hale & Norcross
decision came in, the market has remained
quiet even to dullness, and Hale g. Nor
cross itself has not come out of the lethargy
in which it was sunk before the Supreme
Court finished its labors on the case.
There was much suppressed excitement
about the stock boards when the sessions
opened Monday and old-timers appeared
on the street for the first time in years to
witness the furry, but they were disap-
pointed, for the market acted as if laboring
under the influence of bear raid and
went back few pegs rather than ad-
vancing.
Considerable trading was done, but Nor
cross went steadily back from 81 60 to
81 So, at which figure 1850 shares changed
hands. The boomers were crestfallen, but
they were still willing to believe in their
boom and said: ooh, that's all right; the
big buyers are merely getting the lay of
the land. Look out for a scramble for
shares tomorrow"
Yesterday the market remained about in
the same condition and the stock did not
go more than 10 cents per share either way.
There is a peculiar story on the street to
account for the dullness in Hale & Nor
cross. 1t is said that ever since the case
was sent to the Supreme Court certain
m oney broker has through his agents been
buying in Hale q Norcross stock at the
lowest possible figures from disguised
stockholders for many months. How
much he has corralled and holds ready to
manipulate even the knowing ones can
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