The San Francisco call., 1895-11-16
What He Thought a Fair Per.
centage Of Return From
Certain Ores.
ATTORNEYS HAVE a TILT.
Mr.. Wood and Mr.. Baggett Indulge in
an Interchange Of Opinion on
Moral Lectures.

cluded Yesterday, and, in order that the
,depositions of various witnesses in Nevada
might be taken, the hearing was ad-
iourned until Monday, November 25, at 10
o'clock.
Mr.. RYAN, in reply to questions, said
that he had brought with him the certii-
Gates of the battery assays of the Hale &
Norcross mine ores-that is OF the 719 tons
mined in 1894 and of the two patches, one
of $50 tons and one of 1888 tons. mined in
1895. He said he had the certificates of
the ASSAYS OF minlng-car samples, railroad
car samples, and battery or pulp samples.
These several samples had been sent by
himself to the Con. Virginia assay office
and had been assayed by Mr.. Felan, were
made out in Mr. Felan's handwriting and
signed with the letter ~.
Mr.. Wood objected to the introduction
of these certificates in evidence, because
grounds for their introduction had not
been laid, ana for the further reason that
thew relate to ores of different character
than those involved in this suit and mined
at different time. The objection was
oye-ruIed and the certificates admitted for
the purpose of illustrating the results of
various ore tests and products.
At this point Mr.. Baggett went to the
witness chair and, handling some of the
certificates, conyersed with Mr.. Ryan.
"What is that you are saving to the wit
ness?" said Mr.. Wood, dryly.
"Only about the certificates we have
asked for" replied Mr.. Baggett.
well" said Mr.. Wood, "we would
like to hear what takes place III this
trial"
There was large number of the assay
certificates and they were not read to the
court Referring particularly to the two
patches of ore-the 1SO and the 3SS tons
witness said the bullion product was SO. 80
and 1876 per cent Of the mining-car sample
assays.
ais this percentage only what you, if you
had owned the ore, would have reason
ABLY expected to have been returned by
the mill companyP' inquired Mr.. Baggott.
at was more than | could expect.
Extra care was observed in the working
mill, and, besides, the tendency of
the ore to slime called for more
careful handling. This ore assayed $19
of gold co the ton and the product was
S26 to the ton. The percentage was based
on the $40 assay and not on the $26 assay.
The reason OF the difference in results was
the fact that the free gold largely re-
manned in the battery and did not pass
out into the pulp from which the battery
samples were taken. If ali the conditions
prevailed, the same extra care had been
taken and ore of the same character was
worked in the period of 1SS7-1890, this re-
suit would have been not too high"
elf an extra man had been employed
during the working of the 1900 tons in
| the period OF 1S87-1SS0, would not these
ores have produced substantially the same
results as those to which these certificates
| relate? ?" asked Mr.. Baggett, after various
suggestions that he desired the witness to
speak in the light of his general expert
| en- ce as a mining man. of his knowledge OF
| the Comstock ores and as an honest man.
"Mr. Baggett shouldn't lecture his own
| Witness" said MIR. Wood. I'VE can't see
the necessity of delivering moral lecture
in the examination of this witness"
While l don't think / am doing. any.
thing contrary to the rules OF examina
tion," said Mr.. Baggett, II expect, in
case I should do SO, to be reproved by the
court and not by the counsel on the Other
side"
WELL" said Mr.. Wood, "we don't be.
| lieve in lectures to witnesses"
II don't know that l can answer that
question:" said Superintendent Ryan. at
would depend good deal on the manner
| in which the samples of the "a 900 tons
were taken and the care in working them,
| whether the percentage of the assays
would be as high
But" said Mr.. Baggett, assuming that
the same conditions substantially existed
the same character of ores handled, the
| samples taken substantially as the sam
taken, would you have expected substan
italy the same result in the case of the
$4,000 tons?"
Assuming those things and the same
extra care, l should expect the same
results"
That is ALL" said Mr.. Baggett.
In answer to questions on cross-examina-
ton by Mr.. Deal. Mr.. Ryan said that when
he spokelof similar conditions he meant
to include the assumption that the charac-
ter of the ore was the same.
"Now." said Mr.. Deal, chow does 1t
come that in May and June. 1892, when
two lots of Hale & Norcross ore of about
1900 tons each, were mllled In the same
mill, under the same superintendent, the
result in one case was 64.oo per cent, ana
in the other 63.5S per cent of the battery
assays?"
"That is because the free gold largely
remained in the battery.
''Were not those ores presumed to be
carefully, worked?"
"If the samples were taken from the
mining cars, as they were at that time, by
handful from each car, these thrown into
d DOA anu u tnASh AhOih ohoo ohN,
assayed, would you consider the result OF
64.s8 per cent in the one case and 63.5S per
cent in the other reasonable result?"
Eyes, if the samples were taken in that
way
THAT is ALL" said Mr.. Deal.
Then Mr.. Baggett showed he wasn't sat.
isfied, and he took hold OF the witness
again. From this time on the counsel all
stood on their feet and leaned forward to
hear every word the witness said, and the
hum of voices in the courtroom ceased.
"If the assays of handful of ore from
each car happened to agree with the bat
tery-sample assay what conclusion would
you come to?'
eft would be matter of chance. The
minins-car samples, taken in that way,
might assay too high or too low. II the
assay agreed with the assay of battery
samples it would be a matter of chance"
care you acquainted with the various
ores mined at different periods on the
Comstock?"
Eyes"
"Now, assuming that samples were taken
in careful way from the mining cars and
proper care was observed in the milling OF
the 81, 900 tons of ore involved in this suit,
what would you consider fair percent
age of return from these $4,000 tons as
compared with the percentage actually re-
turned from the 568 tons milled in 1896 ?''
~ should say Is per cent"