The San Francisco call., 1895-11-15
The Hale and NorcrosS Plaintiff
Thinks the Leak Has
Been Shown.
BATTERY SAMPLES INCORRECT.
The Superintendent of the Mine Gives
Some Interesting Details
About Assays.

to yesterdays proceedings in the Hale &
Norcross mining case.
Judge McKissick rubbed his hands
together and smiled at Mr.. Baggett, and
Mr.. Baggett replied with smiles approach
ing jubilance, while Mr.. Fox, the plaintiff,
could scarcely restrain himself. The look
OF deep solemnity that came over the
countenances of Mr.. Wood and Mr.. Deal
seemed to confirm the impression that
had Mr.. Ryan's testimony been different
they would have done the smiling.
When Mr.. Ryan came to the stand
after the reading of the depositions-he
said he had been superintendent of the
Hale & Norcross and the Andes mines
since the middle of March, 1892 He has
been connected with the mining business
on the Comstock as assaver and in other
capacities for twenty-One years. He testi-
fed that during the year 1894 there were
extracted 719 tons of ore from the Hale &
Norcross mine, and 568 tons in 1884, $50
tons at one time, and 3SS at another time.
The $50 tons were milled at the Brunswick
mill in May, 1895, and the 388 tons at the
same mill in October, 1895. These ores
had been assayed from samples taken
from the mining cars, and also from
samples taken from the railroad cars.
Have you certificates of the mining
and railroad-car assays of the ores mined
in 1894 and 1882
81 always aim to preserve the certif-
Gates of the result of assays from railroad
car samples and from battery samples, and
while | may have the certificates of tae
mining-car assays, | haven't them at
hand, although the results of the mining
car assays were entered in "a book which |
have here"
How do you sample the mining-cars ?'
'tWe use what is called trler, which,
driven into the ore at three or four points,
brings out in the form of a core, from
five to seven pounds of ore. These
samples of ore, together with some
taken from the top of the car are thrown
into box, and from this sample is taken
and assayed. Railroad-cars hold about
eight tons, or about the contents of eight
mining-cars. These railroad cars are sam
pied substantially in the same way, the
samples being secured as the car is being
loaded. The sampling of the mining-cars
is mainly for the purpose of testing whether
the ore taken out is paying or waste ore.
have kept record of the assays of such
samples, but, as | have said, [ aim to pre-
serve only the certificates OF the railroad
car and battery assays. The samples were
assayed at the Con. Virginia office which
was in charge of Mr.. Phelan."
"Isyour method of taking samples the
one usually practiced?'
II introduced the trier' system in 1892
on my own motion. l don't know if this
method is used at the other mines on the
Comstock."
"Were the two patches of ore mined in
1895, that of $50 tons and that OF 3sS tons,
sampled by this method?'
YES"
II object" said Mr.. Wood, ''to this tes-
timony on the ground that the method is
different from that employed during the
time the $4,000 tons particularly involved
in this case were mined, as it would be de-
termining the results of assays then made
by process different from that actually
followed"
"While am not to be understood" said
the Judge, "as forecasting the deci-
sion of the court, desire to direct the at
tention of the counsel to course that the
discussion of the methods of sampling
should pursue. That is to say, whether
when percentage is indicated in assays of
car and battery samples the percentage re-
fers to bullion product of the ore actually
assayed, or indicates the value of the ore
from which the samples were taken. l in
vite the counsePs attention to this in order
that there may be no ambiguity on this
point"
The attorneys on both sides expressed
themselves that this course of argument
was the proper one. The cross-eXamina-
ton of Mr.. Ryan then began.
''From what part of the Hale & Norcross
mine was the 719 tons mined in 1894 taken?"
inquired Mr. Deal.
'fFrom a winze below the 1300-foot
level"
"Then, the 5S9 tons mined in 1882"
''That came from a seam thirty feet be-
low the 975-foot level"
"Was this seam large one?"
at varied from four inches to eighteen
inches wide"
"Was 1t rich ore?"
eyes, it was very rich ore-soft and
easily milled. There was considerable
clay, and il was inclined to slime
Mr.. Ryan then was asked various ques-
tions about the time occupied in milling
the ore, and while he said that the lots
mined in 1895 were each milled at one
run, he could not indicate the time con-
sumed in crushing 1T.
"Was not the mill cleaned thoroughly
previous to the milling of this ore?'
YES
''Is it not fact that for the first few
days assays of battery samples will indi-
cate too low valuation of the ore?"
eyes,
"Why is that fact?''
"Well, the free gold, to a considerable
extent, stays in the battery and does not
pass out IN the pulp from which the bat
terry assay samples are taken."
ITO what extent will there be a differ
ence in the results of samples taken from
the pulp, called battery samples, and sam
pies taken from the battery itself?'
II have known samples taken from the
battery to indicate value as high as $50
per cent of the value of the ore-that is to
say, ore valued, say at $10O, would, from
samples taken from the battery ITSELF in
dlcate $780,
This was the point that made the plain
tiff's counsel smile. 1t seemed to indicate
that all percentages based upon battery
samples were too low, as the free gold
would to large degree settle in the bat
terry and not pass out into the pulp from
which battery samples are taken.
There was then protracted effort made
by Mr. Baggett to have Mr.. Ryan testify
as to the general reliability of the method
of securing samples from the mining cars.
Mr.. Ryan said that while employees were
instructed to take samples according to
the methods indicated, they sometimes
did not do so, as they sometimes picked
out rich pieces of ore and used the ''trier"
in parts of the car where the ore appeared
to be rich.
Assuming that the employees substan-
TALLY did their duty as instructed" in
quired Mr.. Baggett, would the percentage
from mining-car assays be a reasonably