The San Francisco call., 1896-02-09
SCORING The MILL RINGS.
Attorney Baggett, in the Hale &
Norcross Case, Speaks
Warmly.
WAS IAN UNHOLY CONTRACT"
The Supreme Court on Levy's and
Hayward's Scheme to Defraud
the Company"
WAS sAN UNHoLY CONTRACT"

". T. Baggett for the plaintiff in the
Hale & Norcross mining case ended the
argument with a terrible arraignment of
the methods by which over a million dol
lars worth of bullion have disappeared
from that mine, leaving not even the
''color'' behind.
''These men (the defendants) must have
been moral idiots said he, Tor else they
would not have come into this court again
and tried to plead their innocence. They
do not seem to understand the crime they
have committed. They have been so long
engaged in this nefarious business that
possibly they claim it to be their special
privilege to despoil the innocent and ig-
norant."
W. E. F. Deal, for the defense, said in
argument yesterday morning that Judge
McKisick, for the plaintiff, had accused
the defendants witnesses-millmen
brought from NeYada-of suppressing evil
dence of the fact that gold remained in
the battery and did not show in the bat
terry assays. He held that this was mis-
take, and all the assays were more likely
to err than that the men should withhold
evidence.
Counsel claimed that in this case the
gold and silver in the ore was 81, 225, 300,
as shown by the battery assays.
1--WE returned" said he, Isl, ,678, ,921 81,
which was all that should have been re-
turned, and this is every dollar the COM
pany is entitled to-
Mr. Deal explained to the court in full
detail that $14 ore could be milled at
profit of 81 78 per ton. This was unsafe
ground/for Mr.. Deal to venture on, as he
soon learned
"If what you say is true" asked Mr..
Baggett,, what would be the profit for the
mill working $3S 35 ore?"
Counsel for the defendants very wisely
refused to answer. AS matter of fact,
according to his calculations, ABOUT $25
should have been returned to the mine.
As there were 81 ,068 tons mllled from the
Hale Norcross during the time men,
toned IN the suit this would bring the
returns up to $2.101 700. Counsel had
just contenoed that $l678, ,92l 81 was all
the mine was entitled to.
Regardless of the fact that the Superior
and Supreme courts have delared the Levy
contract to be fraud Mr.. Deal contended
that if Levy owned the Nevada mill and
was also director in the Hale & Norcross
Mining Company that fact would not in
validate the contract, as such contracts
were not illegal as Re understood the law.
Mr.. Deal said the plaintiffs witness,
Tangermann, was a failure, and had been
imposed upon by the plaintiff and his
attorneys. He exhibited a model of the
mortar of mill to prove that gold could
not remain in the battery, although many
of the witnesses for the defendants had
testified that gold sulphurets did remain in
the battery Of the Nevada mill, antl in one
cleanup as much as fifty pounds were
found in each of the twelve mortars.
Because Levy and Hayward had made
an illegal Contract, held Mr.. Deal at the
close Of his argument, the court should
not look upon everything connected with
the defendants side of the case as tainted
with fraud.
The defendant had sI1ffarad alraadu for