The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-09-04
MACKAY ON THE STAND.
He Tells How Ore Is Milled
and Sampled on the
ComStOCk.
Records Bearing on the Celebrated
Jones Milling Contract
of 1888.

The suit of Theodore Fox vs.. John w.
Mackay ct al. was continued yesterday
morning in Department l of the Superior
Court.
A. w. Ravens, secretary of the CONSOLE
dated California and Virginia Mining Com
pany, was the first witness called. He was
taken in hand by counsel for the plaintiff
on cross-examination, and in answer to
questions told about the annual election of
stockholders for 1885, and how the proxies
were arranged and voted. In answer to a
question he stated that the Nevada Bank
handled all the bullion for the Consoli-
dated California and Virginia Mining Com
pany between 1884 and 1891 receiving for
this service a commission of one-eighth of
l per cent of the net returns. Witness did
not remember in what year Mr.. Mackay
went to Virginia City to take charge of the
mine, nor could he produce at that mo-
ment for the information of plaintiffs
counsel the weekly and monthly reports of
the superintendent for August, Septem Der
and October of 1887. On a ruling of the
court to that effect he would do so later.
The witness was here excused and Mr.
Sieberst for the plaintiff asked that the
case of Consolidated car sample ore be
produced in court.
The court made no ruling and Ravens
was recalled and asked by Deal relative to
the disposal of bullion, to which witness
replied that after leaving the refinery it
went to the Nevada Bank. The silver was
sold by the bank in open market, always
at a discount, while the gold went to the
mint.
John F. Bigelow, vice president of the
Nevada Bank, testified that he occupied
during 1885, coming to San Francisco the
following year and taking position as
clerk in the bank
John W. Mackay was called and ques-
toned by counsel for plaintiff concerning
the methods of milling and sampling ores.
He stated that the old system of sam ping
was still in vogue, and that he had man
aged a number of mills. Witness here de-
scribed the process in detail. He traced
the ore from the time that it was taken
from the ground until landed in the Mint.
Mr.. Sieberst asked what would be the
difference between mill and car sample
assays on $40 ore.
The witness answered that he could not
tell exactly-probably $5 or $6.
"If the pulp assay taken at the mill
shows 90 per cent, how much will car sam
Piles of the same ore shown"
81 can't tell"
Counsel for the plaintiff renewed his re-
quest for the case of car sample ore, to be
produced at the afternoon session, and the
defense objected on the usual ground.
The court was of opinion that the assay
books would better furnish the desired in
formation, and accordingly ordered the
defense to produce them in the afternoon,
after which an adjournment was taken
until o'clock.
Deal, the first witness for the defense,
when asked about the assay books, said
that he had sent to Virginia City for them
some days ago, and had received set of
books which, until that moment, he had
supposed were the ones required. Upon
opening the package, however, he had
discovered that it contained other books of
the company, but not the assay accounts.
He promised to produce them later.
Secretary Ravens was recalled to the
stand and asked about the superintendent's
weekly and. monthly reports for August,
September and a part of October, 1887,
which he had been instructed to produce
in court. He had been unable to find the
desired records. He would try to find
them later.
Mr.. Ravens stated that the cash in the
company's treasury amounted on Deem
Der l, 1885, to SIS, 355 IS, and on January /.
1886, to $94, 1867 81.
The sale of the Morris Dore stock had
been included in the latter balance.
Clerk Lowell of the Virginia City office
of the company was called and testified
that on the first contract with j. P. Jones
the records showed loss to the latter of
$40. 805 rs.
The trial will be continued to-day at
10A.M.