Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1907-01-05
RAILROADS
The Esmeralda Case Results in
Perjury Charge.

Wncn Judge Mui PHy
of the plaintiff in the case OF state OF
Nevada VS.. the Carson & Colorado Kali
way Company at Hawthorne last Friday
week, attorney c. E. Mack asked that
Judge Murphy impanel grand jury
to investigate the reports made by Atom
70 Trip, formerly president OF the Iono-
pah railroad; J. F. Hedden, general SUI
perintendent of the Tonopah Railroad
Company, and ]. w. Willicut of the Car
son & Colorado railroad, stating that
these three men had sworn falsely IN
swearing to the statements rendered by
them to Esmeralda county as the true
valuation of railroads they represented
in that county. He also stated to Judge
Murphy that charges would be brought
against the three men when the grand
jury was impaneled and that thorough
investigation should be ordered.
Judge Murphy stated that he would
soon retire from Office and for that rea-
SON refused to impanel the grand jury.
Judge Mack says, however, that as soon
as Judge Langan takes Office he will
again appear for Esmeralda county and
ask that grand jury be empaneled and
that the reports made by Trip, Hedden
and Willicut be investigated.
Judge Mack is acting as special coun-
sci for Esmeralda county and the case of
the State against the Carson & Colorado
railroad assisted bDeput by District Attor-
ney Henley on the prosecution of the
case.
In speaking of the trial and of the
charges to be made against Trip, He'd
den and Willicut, Judge Mack said:
In 1905, Esmeralda county became dis
satisfied with the valuation placed on the
Tonopah and Carson & Colorado by the
three men making statements to the As
SCISSOR. The roads were then assessed at
s., 500 per mile and an affidavit was made
by Willicut for the Carson & Colorado
railroad and Hedden for the Tonopah
railroad to the Assessor of Esmeralda
that this was the true valuation of the
roads Esmeralda county was still dis
satisfied, however, and raised the valua-
ton to So, 500 per mile and placed the
Goldfeld road at the same figure.
The three roads refused to pay the
amount and suit was brought against the
three roads.
The suit against the Carson & Colo
RADIO railroad was closed last Friday,
and Judge Murphy gave the county
Judgment for $36, 335.43 and costs
amounting to 81 $50. At the conclusion
of the suit, appeared before Judge
Murphy for the county and on behalf of
the county and the deputy district
attorney asked that Judge Murphy inn
panel grand jury to investigate the
reports made by Alonzo Trip, ]. F.
Hedden and ]. F. Willicut. 1 stated to
Judge Murphy that would charge these
three men with perjury.
During the month of October, District
Attorney Henley took the dispositions OF
]. F. Hedden for the Tonopah road and
found that the net profits for the road
for the year amounted to about 81, 900,
600 for only ninety miles of track in
Esmeralda county. The Carson & Colo
RADIO railroad cleared between 1000, OOC
and 81, 500, 900 in the same year.
The supreme court has held that the
proper way to estimate the valuation Of
road is to take the net profits and cap
italize it at the current rate of interest,
the result being the valuation of the
road. According to this rule, the valu
alton of the Tonopah road would be
nearly 500, 900 per mile. For this rea
son, District Attorney Henley and my.
self know that the affidavits made by
Trip, Hedden and Willicut are false
and as they are sworn statements the,
are responsible for them. We intend tt
press this charge against the three mer
and will demand that the reports mad.
by them be Investigated. Gazette.