The Glenwood post., 1908-08-01
COURT DENoUNcES THEFT AND
AWARDS ORE TO MINING
COMPANY.
U. S. COURT DECISION
JUDGE LEWIS VIGOROUS LAM
GUAGE IN REGARD TO ORE
STEALING.

Denyer-Never was more scorcn'
ing excoriation delivered by court
than that uttered by Judge Lewis in the
United States Circuit Court Tuesday
when he instructed the jury to render
a verdict returning to the Mohawk
Mining Company 100000 worth OF
gold ore alleged to have been stolen by
high graders. 1t was scathing con-
demnation of high-grading and men
who protect it, He did not directly
charge Frank Cochran and George
Richardson, the assayers who bought
the ore, of being accessories In inc
stealing, as the prosecution insinuated,
but arraigned them for not aiding the
company, if they were innocent OF any
wrong, in finding the real thieves. His
remarks will attract interest through
out the western mining region, where
high graders are the bugbears of mine
owners.
God forbid that the time will ever
come when there will not be sufficient
heroic honesty to stamp out dishonesty,
and especially such disgraceful dishon-
esty as the testimony in this case has
proved to have existed"
This was the dramatic peroration of
his instructions to the jury.
He stated that experts, men cele-
brated in their profession, had proved
beyond doubt that the ore, with the
exception of not less than five per
cent, was taken from the Mohawk
mine considered the richest property
ever discovered, and that no testimony
had been introduced by the other side
to controvert their claims.
Every one knew" he said, that
ore was being stolen from the Mohawk
company. There was no doubt that the
stealing was going on, yet we do not
find any effort being made to find the
thief
Whenever there is gathered together
a body of honest American citizens and
the imputation is made that there is a
thief among them, the natural impulse
of these Americans is to demand an in
vestigation and to aid in the nvestiga-
ton to discover who the thief is
The directed verdict of the jury ends
one of the most interesting cases ever
fought in Denver. For 100000 worth of
rich gold ore to be brought into court
and used as an exhibit was a decidedly
interesting novelty. 1t was testified
that the Mohawk ore had a peculiar
smell and the jurors for the first time
in their lives, probably, had the oppor-
tunity to smell 100000 in real gold.
The Wells Fargo Express Company
was the nominal defendant in the case,
but only Cochran and Richardson were
affected by the jury verdict the com
pany shipping the ore, it developed,
from Cochran under a fictitious name
to Richardson at Pueblo. At the lat
ter place the mining company reple-
vined the ore and began attachment
proceedings against the express com
pany in the federal court BY a stipu-
iation the express company will get
paid for the trouble 1t has gone to in
the case.
Because of the almost fabulously rich
vein that runs through the property,
the Mohawk company has been made
the victim of a gang of high graders
that has infested Nevada 1t is stated
by the company's representatives that
altogether the company has been rob-
bed of almost $1,000,0OO worth of ore,
$1,000 of which, not counting that fig
uring in the suit just ended, has been
recovered. Most of the thefts took place
| during the Western Federation of Min
ers' strike in Goldfield The company
could not get sufficient watchmen to
protect its property and finally found
it necessary to have every shipment of
ore sent out of Goldfied examined.
One of the alleged discriminating ad-
missions brought from Cochran on the
stand was that this activity on the part
| of the company to catch the high grad
| ers had forced him to shut down. his
| office and that he had the particular
| ore in controversy carried by wagon
from Goldfield to Rhyolite, apparently
| to escape investigation.