The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-12
M|LL|ONA|RES UNDER FIRE
Mackay, Flood and Jones
Charged With Corrupt
Conspiracy.
The Case to Be Concluded and SUBJ
mitted to Judge SeaWell This
Morning.

1t was expected that the case of Theo-
dore Fox VS.. John w. Mackay ct al. would
be submitted yesterday, but Attorney Sic
berst did not conclude his argument. He
will do so this morning, when the case
will go to Judge Seawell for decision.
Attorney Deal in opening his argument
for the defense stated that before an &C.
counting could be ordered it must be shown
that the defendants, Mackay and Flood,
had received profits from the Comstock
Mill and Mining Company, and this it was
claimed had not been shown.
Referring to the testimony that ore was
milled that did not return the cost of mill
ing, it was claimed that such a condition
was shown to exist on but single day in
March, 1886, while the average for that
month was SIS SO per ton, and the average
percentage returned of the pulp assay was
92.06. Similar showings were made with
reference to the other instances cited by
the plaintiff, VIII ere less than 70 per cent of
the pulp assay, the m inimum fixed by the
contract, was returned.
In opening the closing argument in the
case Attorney Sieberst, for the plaintiff, re-
ferred to the deposition of Senator Jones,
acco riding to which the deponent gave two
thirds of the contract to Mackay and
Flood, and that this would be done, it was
claimed was understood before the con-
tract was made with the Consolidated Cali
fornia and Virginia Mining Company.
This 1t was urged made trio of conspira-
tors. There can be no doubt" said Mr..
Sieberst, that Mackay, Flood and Jones
participated IN the wrong"
The deposition of Senator Jones was read
in fIIlI and aft the conclusion Of itc raodir,o
Mr.. Sieberst said that it showed clearly
that Mackay induced Jones to surrender
his original contract and that Mackay sug-
gested the formation of the milling COM
pany by Jones, Flood and himself.
Mackay's testimony was next read, and
the courts attention was called to Mac
kay's acknowledgment that he had re-
ceived profits from the Comstock Mill and
Mining Company. Jones deposition was
also read.
Attorney Sieberst then cited the testi-
mony showing that II, 225 tons of ore had
been milled which returned less than the
70 per cent called for by the contract, and
that the milling company was paid the
full price for the work without protest.
1t was then charged that there had never
been lawful meeting of the Con. Cal. &
Virginia Mining Company since its organ
iZation.
1t was further argued that ore was sent
to the mill that did not pay the expense
of milling in order to keep the mills in
operation, and that this would not have
been permitted if the mining company's
interests had besn properly looked after.
Attention was called to the fact that
Mackay was not only interested in the
milling company that extracted the bull
lion from the ore taken from the Consoli-
dated California and Virginia Mining Com
pany, but that he was interested in the
smelling works that refined the bullion,
and in the Nevada Bank that disposed of
the product of the mine.
1t was next alleged that all of Mackay
and Flood stock in the Consolidated Cali
fornia and Virginia Mining Company was
placed in the name Of George Grant, an
employe of the Nevada Bank: that Presi-
dent Fish was given the proxies by Grant
to vote; that Fish voted in the interests of
Mackay and Flood, and that the directors
of the company were nominated by Fish.
Returning to the contract of 1885, he
claimed the real motive for making it was
the fact that there was plenty of good ore
in sight, and that it was known to Jones
and to Mackay.
Adjournment was taken until 10 A. NJ.
to-day to permit Mr.. Sieberst to complete
his argument. Immediately thereafter it
is the intention to take up the case of Theo-
dore Fox VS.. J. W. Patton, to recover the
$50, 600 paid the latter for the alleged ex-
tinguishment of fire in the Consolidated
California and Virginia mine, while in the
company's employ as superintendent.