The San Francisco call., 1896-02-09

this contract Tin the judgment of sic, COO
Tor Illegal nilling), and they should not
be made to suffer q second time.
w. 7. Baggett for the plaintiff, w. NJ.
Fox, in the opening of his argument said:
I had intended to give in detail much of fhe
testimony, but in order to close the case as
speedily as possible 1 will merely outline and
read such portions OF the testimony as will
give the court necessary information.
The whole defense rests on the battery as
says. The Supreme Court does not confne
this court to the battery assays, as has been
claimed by the defendants attorney There
has been a strong effort made here to bring
thequestion of the contract up again.
This court has declared those contracts to
be fraudulent, and the Supreme Court has sus-
tanned the declaration. 1t was an unlawful
and unholy contract entered into between
Levy and Hayward to rob the stockholders of
the Hale Norcross mine These men pust be
moral idiots or else they would not have
come into this court again and try to plead
their innocence. They do not seem to under
stand the nature OF the crime they have COM
mitted.
Fifteen years ago, before this infamous GUS
tom OF milling was introduced on the Com
stock and before the methods of checking all
mills were abandoned, the mills were Obliged
to return specified sum as shown by the car
sample assays. But when the mill rings got in
power they abolished these checking systems,
and when they caught stealing, their at
torneys come into court and claim that their
crime shall be measured by the battery sys-
tenn, over which they have sole control.
this mill ring has established is unparalleled
in the history of mining. All the witnesses
brought here by the defense in this case gave
testimony based on the infamous practice
am glad to represent the Moses, as this
plaintiff has been styled by the other side 1t
is happy title, for this Moses will lead some
OF the stockholders in silver mines out of q
wilderness OF systematic bondage.
Mr.. Baggett said that he was sorry to
see counsel for the defense attempting 20
cast ridlcule at a Justice of the Supreme
Court simply because that official had
only confirmed the decision of the lower
court that the Hale G. Norcross stock
holders had been Systematically robbed
in strong unmistakable terms.
He referred to Mr.. Mackay's deposition
IN which witness said that car assays from
so 900 or 100 900 tons of ore taken at differ
ent times would fully closely approxim-
ate the value of the ore. Mackay meant
just what be said and there could be no
mistake there. That witness also claimed
that there was an average of about S. be-
tween battery and car assays. The record
shows that the "a 068 tons of ore bv car
assay was So, ,224 ,226 So, which less So per
ton would be over So, 500, 900. The losses
in moisture and shines would leave bal
ance of 2,444 ,514 80. There was onIv
81, ,678. .921 rs returned.
Counsel then produced the following fig
ures OF ore returns to show that the iudg-
ment, 1851, ,233 61-the silver discount taken
out asked by the plaintiff, is not Excess
sive: According to Expert Maxwell,s and
Ryan's testimony it should be 1864 ,674 81:
according to Expert Kinkead it should
be $3.50, ,547 48; according to the Overman
mine, worked from 1890 to 1892, where
81, 600 tons returned 76.40 per cent of car
assays, it should be $668, 1914 81; according
to the Consolidated Virginia ore, which
in 1895 returned SO. 80 per cent of railroad
car assays, the judgment should be for
1856, 400 OF; if it had been worked as well
as the Hale e. Norcross was worked last
year, when 80 per cent of the railroad. car
assays were returned, the judgment should
be for $900,000.
"Everybod knows that Mr.. Mackay
runs the Consolidated Virginia mine,''
said Mr.. Baggett, land that he owns one
third of the Comstock Mill and Mining
Company and he compels the milling con-
tracts to be signed by the officers of that
company at the rate OF 20 per cent of the
battery assays. This year that company
has returned SO per cent of the battery as
says. No such returns were made by that
company Or any other before this suit was
begun.
''Now Hale & Norcross ore returns SO
per cent of the car assay. Consolidated
Virginia S3 of car and Oyerman 76, and
these defendants are here in court clamor-
ing that the Hale & Norcross returns of SO
per cent-while the steal was on-were
enough. Justice Garoutte said in his de-
cision that it was not enough and every
body knew it."
The case was submitted.
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