The San Francisco call., 1896-05-13

amount of bullion, with silver at 1929,
which ought to have been returned to the
Hale d Norcross Company. From this amount,
-, 169, ,973, deduct 81 ,67S, ,921, the amount of
bullion, with silver at 1929, which was re-
turned, and the balance S49I O53. is the ap-
parent deficit; 1922 of this amount, or $780,
$50, is silver. Taking. out of $3.50, $50 the
average discount on silver, or .26l12 thereof
which is $73, 1863, and deducting this total dis,
count for silver, $73, 1863 from S491 O5I leaves
balance OF $417 ,6S3, which is the net deficit
ana ana the amount in money which ough to have
peen returned over and above the 81 ,67S, ,921
which was returned in bullion and this is the
amount, $417,6 which the court finds to be
the amount of damages sustained by the Hale
d Norcross Company by reason of the imper-
tect and fraudulent milling of these ores.
Counsel for plaintiff calculate and claim
this result to be $651 ,223. and give strong
elements OF loss with view TO enter the
lowest judgment possible from the record upon
TINS issue, places the result at $417 ,6S3, or
less by S233, $40 than the amount claimed by
plaintiff.
Other calculations may be made, based upon
S sae eydeSee ood Ss in the case showing results OF
Recapitulation-Slimes,7 1866 tons; moisture
$40 tons; tailtngs, 1852 tons; total, S4,06s
tons.
Loss-slimes, 1856 tons at $I3, sos, ,35s;
moisture, $40 tons at $3S 35. $50, ,214; tailings
15,662 tons at So 80, $25l, 1877; total loss
1881 ,I69. Car sample value OF ore, $3,224,-
2S6; deduct So per ton of "a, ,06S tons, to show
value at mill. $672, ,544: value of ore at mill
50, ,551 ,742; deduct loss OF milling, 1881 ,769 !;
value OF bullion with silver at 1;ZS29. 9 a gnlch
| duct amount of bullion which was returned
| $l67S, ,921; balance gross deficit, with silver
at 1929, which ought to haye been returned,
$431 ,052; deduct discount on silver. 1868;
balance, net deficit cash value Tor the purpose
| OF the judgment, $417 ,63S.
| Nothing is added TO the Judgment by reason
| OF anything received by the mills from the
working or sale of the tailings or residues OF
the ore. 1t appears, however, that some $15,-
600 was received by the Nevada mill from the
| working of concentrates.
John w. Mackay, d. B. Lyman and other
| witnesses testified that in the old days OF the
Comstock the mining companies required a
| return from the mills of % per cent OF the
wagon sample assays in bullion; sometimes
! they received q little more and sometimes a
little less, but # less than 65 per cent was re-
and did make up the deficiency. In view of
this evidence 1t may be interesting to know
| that the amount of bullion which ought to
! Company, as above found to be So, ,169, ,973, is
about 81 per cent of the ore, $3, 224 ,2S6, as
vaiued q, by the car sample assay; and it is more
sample assay per ton of $SS 35.
As 10 the defendants, Charles P. Eagan and
! the Nevada Mill and Mining Company the
| action is dismissed, as they have not been
| brought in by proper service of process.
AS to all the other defendant directors, ex-
| cept ID. NJ. Levy, the action is dismissed, be-
cause it appears that they could be held liable
only for negligence, concerning which no
issue is presented by the pleadings.
| Let judgment be entered herein against the
defendants Alvinza Hayward and H. NJ Levy
for the sum OF 1910, 1877 so, with interest
thereon from the 11th day of June, 1892. at
issue presented by the claim of the fraudulent
com bination and agreement for mining and
milling the ores of the Hale & Norcross Silver
Mining Company; also for the sum of S417,-
6S3, with whatever interest thereon, if any
the court may find proper, upon the issue
presented by the claim Tor damages, sustained
by reason of the imperfect and fraudulent
| milling of the ores of the Hale & Norcross Sill
yer Mining Company, together with all the
costs OF the case, except that tney be allowed
their costs OF appeal as per remittitur herein
OF May 8, 1896.
Let judgment be entered herein also against
the defendants, the executors of the estate of
| w. s. Hobart, deceased, for the sum of $780,
1877 so, with interest thereon from the 11th
day OF June, 1892, at the rate of z par cent per
annum, upon the issue presented by the claim
| of the fraudulent combination and agreement
| for mining and milling the ores of the Hale &
Norcross Silver Mining Company; also for the
sum of $4l7,6S3 with whatever interest
| thereon, if any, the court may find proper
upon the issue presented by the claim for dam
| ages sustained by reason of the imperfect and
! fraudulent milling of the ores OF the Hale d.
Norcross Silver Mining Company, together
with all the costs OF the case, except that they
| be allowed their costs of appeal as per the re-
mittitur filed herein May 8. 1896. All of said
| judgment as against said executors payable in
| due course OF administration.
Before signing the written decision herein
| the court viii hear argument of counsel upon
| the question OF adding interest TO the amount
S417, ,6S3-which is the amount found due
upon the issue presented by the claim for
damages sustained by reason OF the imperfect
and fraudulent milling of the ores of the Hale
& Norcross Silver Mining Company.
Let the amount OF the judgment be collected
but once. and let J. J. Groom be appointed re-
ceiver in this case 10 collect the same and pay
it out to those who may be entitled thereto
under the direction of the court, and let 25
per cent of the judgment so collected be paid
TO the attorneys for the plaintiff herein.
Dated May u, 1896.
J. c. B. HEBBARD. Judge.
The judgment for $21O, 1917 so is for ex-
cessive charges made by the mill agains.
the mine. This, with the judgment first
rendered, makes the entire Judgment so far
amount to $627, $50 so. The question of in
terest will come up again.