Evening journal., 1916-12-21
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Witness admitted he had written a
letter dated November is, 1913, in
which he explained his reason for not
wishing to dispose OF the stock per-
sonally was that his position would
not permit him 10 do so. He was
president Of a national bank at the
time. He explained that the letter had
no reference to the particular case in
question, the employment Of George
Chase, the man he wished 20 assist, 20
dispose of the stock.
Mr.. Bowman admitted he had re-
ceived over $1,000 W commissions, but
only as the nominal underwater. the
commissions all being turned over to
Mr.. Chase.
George p. P. Bonne1l was next re-
called for the purpose of giving testi-
mony regarding the authority OF some
correspondence which had figured in
the case. Henry W. Lehman. one of
the engineers previously called by the
prosecution, was recalled TO explain
what meaning mining engineer
would attach 20 the expression values
are uniformly distributed" The OK
preston was used in McCuue's report.
The defendant contended that IL meant
that the gold values were evenly dis
tributed over a large area. Mr.. Lob
man claimed that 20 his mind the ex-
preston would mean that the values
we're distributed evenly up and down
the side Of the test pit.
Frank r. Short the Guggenhein1
mining expert. was the next witness
recalled He stated that in some in
stances during his stay on the prop
cry his work was interfered with by
high water in the pits.
Referring to the testimony by Carl
ton II. Hand, McCune's expert, that
he made fire tests Of the samples,
Short said this was not the accepted
method.
r. =. Frost, who was assistant en-
gineer at the camp, was asked 10 re-
] peat a conversation between himself
and Engineer McHenry relative to
paying the taxes on the property.
Frost said that he asked McEIenry II
! the company was going to pay the
taxes on certain claims and that Nc
Henry had replied, "Of course we
are. Do you suppose we are going 10
let the property go and all lose our
iObs?' Both sides here rested.
Henry A. Wise, Of counsel for Mo-
Cune. recited the points on which he
wished the judge 10 charge the jury
and was followed by Harry D. West
colt, Of counsel for Miller, and United
States District Attorney Curley for
the government.
Counsel agreed on the time needed
for summing up the case. and an.
nOunced that three hours for each
side would be enough. There being
an hour left OF tho afternoon session,
Mr.. Curley began his argument. He
characterized the formation OF the
Peruvian Exploration Company as
merely q grub stake" whereby Mo
Cune was to be sent to Peru and n
he returned with his hands empty
then Raskob, Bowman and the others
interested would have no objection
since the whole thing was a gam
BILE. Next in order he took the testi-
mony of the principal witnesses as they
affected the case. Particular stress
was laid on the testimony Of A. J.
Menard, who had gone TO Peru os-
tensibly as McCune's assistant and
yet could not tell anything about the
value of the gold found. pointed out
how he had said that he had never
seen pits OF the depth described by
McCune I'm his report and did not
know the number of pits ON the
grounds. McCune said Menard and
McfIenry had brought the gold which
had been assayed and sent 10 this
country to him. Menard said he had
not. McHenry had stated that there
were about 100 pits on the grounds
while McCune in his report 70 the
stockholders had said there we're 1877
and had submitted with this tabulated
values for every pit on the ground.
Mr.. Curley called special attention
to the conflicting testimony OF the
various engineers concerning the value
of the gold, the quality and the guam
tity. The peculiar condolences" &C.
curing in the actions of Mr.. Querago
with those Of McCune, his trip to
the Maranon river. his trip TO New
York, his stay Of 20 days on the Mar
anon with McCune and the fact that
McCune had paid his expenses 70
come 20 this country occupied much
OF Mr. Curley's attention. The re-
port that McCune sent 70 the stock
holders was characterized by Mr.
Curley as extremely specific" and
he advised the jury to take copy
OF the report with them when they
left the court room for deliberation.
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