CHAPTER XI

A FIGHT TO THE DEATH

In professional quarters the Scheftels corporation was regarded as an

interloper from the day it set foot in the financial district.

Its first offense was to reduce its commission rates. This move set

the whole Curb against the enterprise. But as the play progressed it

proved to have been unimportant in comparison to the unspeakable

crime of telling the truth about other people's mining propositions

that were candidates for public money. The Scheftels corporation

had laid it down as a set rule that an established reputation for

accuracy of statement was a great asset for any promoter or broker

to have. To gain such prestige the principle was followed in the

nation-wide publicity which emanated from the house that, no

matter whom the truth hurt or favored, it must be told always, when

publishing information regarding the value of any listed or unlisted

security. Space in the Scheftels Market Letter or the news columns of

the _Mining Financial News_ was unpurchasable.

The enforcement of this rule was a wide departure from prevailing

methods. But that didn't make us hesitate. Having felt the speculative

pulse for years, I knew its throb. The public, after losing billions of

dollars, were becoming "educated." The rank and file of mining

promoters--high and low--in Wall Street still believed that "one is

born every minute and none dies." But I and my associates didn't. An

uneducated public had been unmercifully "trimmed" in scores of

enterprises backed by great and respected names. Speculators were

ravenous for the truth. We decided to give it to them. We gave it to

them straight.

This publicity system brought about the ruin of the Scheftels

corporation through the powerful enemies it made. The policy was right

all the same. Persisted in, nothing was or is better calculated to

strengthen the demand for all descriptions of meritorious securities.

The Scheftels corporation was the pioneer in the exploitation of this

principle as a fundamental and underlying basis of brokerage and

promotion. In pioneering this policy, however, the Scheftels company

was sacrificed to the prejudices and wrath of the old school of

promoters.

THE FIRING OF THE FIRST GUNS

Before the Scheftels corporation was on the Street three months it

almost came a cropper. On the strength of excellent mine news it

purchased nearly 300,000 shares of Rawhide Coalition in the open

market, up to 71 cents per share. A determined drive was made against

the stock by mining-stock brokerage firms which had sold it short.

Bales of borrowed stock were thrown on the market by the crowd

operating for the decline. The Scheftels company took it all in.

Letters and telegrams were sent broadcast by market enemies urging

stockholders to sell. A powerful clique had been losing big sums on the

rise.

The Scheftels company published advertisements calling upon margin

traders to demand delivery of their certificates. This expedient proved

of small utility. The brokers continued to hold off deliveries to

customers and sold and delivered to us all the stocks that they could

borrow or lay hands on. The continued selling finally made inroads on

the Scheftels corporation's cash-reserve to a point that forced it one

day to stand aside and leave the market to the sharpshooters. That day,

in a few hours, approximately half a million shares of Rawhide

Coalition changed hands out of a capitalization of 3,000,000 shares.

The corporation's loans were called. This forced it to throw large

blocks of stock on the market. A sharp break ensued. That was just what

was wanted by the interests which were gunning for us. They covered

their short sales at great profit.

In the midst of the mêlée the Scheftels company tendered a Stock

Exchange house of great prominence, which had loaned it for the account

of a Salt Lake firm of brokers $12,500 on 50,000 shares of Rawhide

Coalition, the money to take up the loan. A representative of the Stock

Exchange house sheepishly stated that his firm had loaned part of the

pledged stock to out-of-town brokers. He asked for time. Under threat

of dire consequences the Stock Exchange firm bought stock back from us

in the open market that afternoon to supply the deficiency, and then

made delivery of this stock back to us in lieu of that which they had

parted with. It had been specifically stipulated by the Scheftels

company when the loan was made that the certificates must be held

intact and that the stock must not be loaned out or sold while the

money loan was in force.

This experience was repeated frequently during the Scheftels career on

the Curb. It cost B. H. Scheftels & Company more than one million

dollars, during the nineteen months of its existence, in giving loyal

market support, in times of "professional" attack, to the stocks it had

fathered or promoted and felt moral responsibility for.

Time and again the Scheftels company found among stocks delivered to

it, against purchases made in the open market, the identical

certificates it had pledged with loan-brokers as collateral for loans,

and which had been hypothecated by it with the specific proviso that

the certificates were not to be used. It opened our eyes to one of the

most commonplace practices, not only on the Curb, but also on the Stock

Exchange. Hardly a failure occurs on any of the Exchanges or on the

Curb that does not reveal customers' certificates, which were

originally pledged with the understanding that they were not to be

"used," in the strong-boxes of others.

The first grievous offense of the publicity forces of the Scheftels

corporation against Wall Street's "Oh-let-us-alone" promotion combine

was a wallop in April and May, 1909, through the Scheftels market

literature, at Nevada-Utah.

The combination which owned control took with bad grace the strictures

on the property. We heard an awful underground roar. At that time the

price of Nevada-Utah stock was around $3. The Scheftels Market Letter

said that there was probably not 30 cents of share value behind the

property. The price immediately began to crumble. It has been

tobogganing ever since. The stock at the beginning of September of this

year was quoted at 37-1/2 to 50 cents.

Such a thing as printing facts which would enlighten stockholders and

the public as to the actual value and condition had not before been

heard of when such enlightenment ran contrary to the plans of strongly

entrenched promoters on the Street.

The campaign against Nevada-Utah, therefore, directed widespread

attention to B. H. Scheftels & Company and the _Mining Financial

News_.

Following the Nevada-Utah disclosure, the Daily Market Letter and the

Weekly Market Letter of the Scheftels corporation and the _Mining

Financial News_ took a good, strong, husky "fall" out of the La Rose

Mines Company, capitalized for $7,500,000. The La Rose owns one of the

greatest producing mines in the Cobalt silver camp. A market scheme was

in progress, with La Rose as the medium, and W. B. Thompson, of

Nipissing fame, as a chief manipulator. We called a halt to the game

when the price reached a "high" of $8.50, and saved the public a huge

sum of money. Under our campaigning the stock declined to $4, a

decrease of $6,750,000 in the market value of the capitalization. This

made W. B. Thompson and his associates the implacable enemies of the

Scheftels company and myself. We didn't worry much. We were catering to

the public. Indeed, we were pleased with our work.

Following this incident, the Scheftels Market Letter and the _Mining

Financial News_ took a smash at a mining-stock deal in which W. B.

Thompson and the Guggenheims were jointly interested. It was the now

notorious Cumberland-Ely-Nevada Consolidated merger. Later the merger

was enlarged and took in the Utah Copper Company, or rather the Utah

Copper Company took in the others, and the Scheftels propaganda found

another opportunity to do a great service for the stockholders of

Nevada Consolidated.

Our attack hurt the Guggenheim reputation among investors all over the

country and contributed to reduce their influence over the large

stockholding body--more than 6,000 men and women--of Nevada

Consolidated. Though finally successful, the Guggenheims were sore from

the lashing and exposures to which they had been subjected. As for the

Scheftels company and the _Mining Financial News_, they had still

further established the honesty and value of their publicity service.

A market scheme to balloon the price of Ray Central Copper Company

shares to several times their value was a precious enterprise against

which we trained our publicity guns and fired several effective

broadsides. The effort of the promoters to connect with the public

purse here would not have been half so sensational if men of lesser

prominence were identified with the operation. In our "bear" publicity

on this one we minced no words. In doing so we again hit another

powerful interest--the Lewisohns.

Later the exposure by the _Mining Financial News_ and the Scheftels

Market Letter of market manipulations of the Lewisohn-controlled Kerr

Lake still further "endeared" the members of these two organizations

to that powerful faction, and more closely cemented the ties of

fellowship between the ruling powers.

Keystone Copper, another Lewisohn "baby," was put through its courses

on the Curb while Kerr Lake was being played in a stellar rôle. The

deal in Keystone was an unobtrusive little thing, but awful good as far

as it went from the one-sided point of view. I turned the searchlight

of publicity on Keystone.

The Scheftels Market Letter and _Mining Financial News_ disclosures

in the interests of speculators and investors regarding Nevada-Utah,

La Rose, Cumberland-Ely, Nevada Consolidated, Utah Copper, Ray

Central, and Kerr Lake were sensational enough, but they by no means

included all of the work in this line. During 1909 this publicity

literature took in practically every important mining company whose

shares were traded in on the New York Curb. The unpleasant truths

these forces were obliged to tell from time to time touched the

delicate sensibilities of many leading lights on the Street. These

had grown accustomed to an unvarying diet of sweets.

It would seem that their appetite for saccharine provender would have

become cloyed and that a change would be a grateful relief. It was not.

The truth was distasteful. It interfered with the noble industry of

mining the public and it cut down the profits of that end of the game.

In keeping up the record of day-by-day market and mine developments

these publicity agents punctured many a rainbow-tinted balloon. Very

frequently they gave to the public its first definite and intelligent

idea of real value behind promotions and in properties. Where market

prices represented an overplus of hopes and expectations the truth was

told. The aim was to take mining speculation out of the clouds and

plant its feet firmly on earth.

In this laudable effort we ran counter to the plans of the mighty. We

also violated the vulgar unwritten rule of some of the Wall Street

fraternity--"never educate a sucker." Our publicity work caused a

readjustment of judgment and market values, besides those already

mentioned, on such stocks as First National, Butte & New York, Trinity

Copper, Micmac, Ohio Copper, United Copper, Davis-Daly,

Montgomery-Shoshone, Goldfield Consolidated, Combination Fraction,

British Columbia, Granby, Cobalt Central, Chicago Subway, and sixty to

eighty others.

The live wires of our publicity service blistered the flesh of the

Guggenheims, the Thompsons and the Lewisohns, and perturbed their

widely diffused affiliations, connections and allies, including John

Hays Hammond, J. Parke Channing, and E. P. Earle; also Charles M.

Schwab, E. C. Converse, B. M. Baruch, United States Senator George S.

Nixon, George Wingfield, Hooley, Learned & Company, many other New York

Stock Exchange houses, a group of powerful corporation law firms, a

noted crowd of influential politicians, Curb stockbrokers who had grown

fat executing manipulative orders for the "inside," bankers who carried

on deposit the cash balances of the mining companies, and even J. P.

Morgan & Company, who were partners of the Guggenheims in their Alaska

ventures and were for a time said to be meditating a merger of the

copper companies of the country with those controlled by the

Guggenheims as a nucleus.

THE STORY OF ELY CENTRAL

By keeping speculators out of stocks that were selling at inflated

prices, the Scheftels corporation and the _Mining Financial News_

became endeared to a great popular moneyed element. The public was

saved huge sums of money.

This, however, only carried out the negative end of a grand idea. The

affirmative demanded that the Scheftels corporation must put its

followers into a stock or stocks where they could actually make money.

The Scheftels corporation was on the eager lookout for a genuinely

high-classed copper-mining proposition. It found what it was looking

for in Ely Central, a property that is sandwiched in between the very

best ground of the Nevada Consolidated, is bordered by the Giroux and

occupies a strategic position in the great Nevada copper camp of Ely,

birthplace of what is probably the greatest lowest-cost porphyry copper

mine of America.

By invading the Ely territory as promoter and annexing Ely Central, the

Scheftels corporation committed what was probably, to the interests

among whom our publicity work had wrought greatest havoc, an

unpardonable crime. We butted into the very heart of the game, and

became a disturbing factor in their mining operations.

The Ely Central property consists of more than 490 acres. Years before,

in the early days of the camp, it had been passed over by the

geologists and promoters who selected the ground for the Nevada

Consolidated, Giroux and Cumberland-Ely, because it was covered by a

non-mineralized formation called rhyolite. As development work

progressed and the enormous value of the surrounding mines was

disclosed, it dawned on their owners that they might have made a

mistake and that it would be just as well to obtain possession of the

Ely Central property.

The ground was especially valuable to the Nevada Consolidated, if for

no other reason, as mere acreage to connect up and make compact the

properties owned by them. The second demonstration of their bad

judgment was the fact that, having planned to mine the Copper Flat

ore-body by the steam-shovel method, they overlooked the value of the

Ely Central property as affording them the only practical means of

access to the lower levels of that pit for operation by the steam

shovels.

Investigation had disclosed to me that the evidence which had been

adduced by mine developments on neighboring properties was all in favor

of copper ore underlying the Ely Central area. The rhyolite, which

covered Ely Central, was a "flow," covering the ore, and not a "dyke,"

coming up from below and cutting it off.

Why was the property idle? Inquiry revealed that the Ely Central Copper

Company was $89,000 in debt, and that a pre-panic effort to finance the

corporation for deep mine development had failed. The panic of 1907-8

had crimped the promoters and they could not go ahead.

The Scheftels corporation entered into negotiations with the Pheby

brothers and O. A. Turner, who held the control, for all the stock of

the Ely Central company that was owned by them. During the progress of

negotiations, early in July, 1909, I heard that the Guggenheims and W.

B. Thompson were very much put out to learn that the Scheftels company

was about to finance the company. They had belittled the value of the

property, as would-be buyers are prone to do the world over.

Before I entered upon the scene the Pheby brothers had found themselves

objects of persistent and mysterious attacks. Their credit was assailed

in every quarter and they found themselves ambushed and bushwhacked in

every move they made. They were forced into a position where it was

believed they would accept anything that might be offered them for

their interest in Ely Central. As fate would have it, the Scheftels

company entered the race at this psychological moment.

Summed up, the Scheftels company actually contracted for 1,280,571

shares out of 1,600,000, which represented the increased capitalization

for a total sum of $1,158,916, or at an average price of 90-1/2 cents

per share. The time allowed for the payment of all the money was nine

months, stipulated payments being agreed upon at regular intervals in

between. The immediate effect of the arrangement was this: A dormant

property, in debt and lying fallow, was metamorphosed into a going

concern with good prospects of soon becoming a proved great copper

mine, with an assured income to defray the expenses of deep mine

development on a large scale, and a market career ahead of it that

might be expected to match any that had preceded it in the Ely district

from the standpoint of public interest.

During the progress of the negotiations the stock sold up to $1 per

share. The selling for Philadelphia account of a large block of stock

in the open market dropped the price back, of a sudden, to 50 cents.

The Scheftels company bought stock on this break and urged its

customers to do likewise. On the day the deal was concluded the market

had rallied to 75 cents. Fully six weeks before the deal was arranged

the Scheftels Market Letter and the _Mining Financial News_ had begun

to urge the purchase of the stock. The Scheftels organization was not

hoggish. The establishment was willing that the public should get in on

the cellar floor. There were nearly 300,000 shares outstanding, which

the Scheftels corporation had not corralled in its contract.

Readers of the Market Letter and the _Mining Financial News_ fell

over one another to get in on the good thing. Therein they were wise.

By early September the price had advanced in the market to $1. The

Scheftels publicity was strong in favor of the stock. But it had not

yet put on full steam. It was waiting for an engineer's report to make

doubly sure it was right.

Col. Wm. A. Farish, a mining engineer of many years' experience and a

man with a high reputation throughout the whole of the Western mining

country, had been sent by the Scheftels company to make a report on the

Ely Central. Years before Colonel Farish had reported on the Nevada

Consolidated properties and outlined the very methods now being used

for recovering its ores. But Colonel Farish had been ahead of his time,

and the capitalists in whose interest he was acting were not prepared

for such a radical step in advance of the then-existing methods, nor to

believe that copper ores of such low grade could be mined at a profit,

especially 140 miles from the nearest railroad. Times and conditions

changed, and the 140 miles were spanned by a well-equipped rail

connection.

Colonel Farish's opinion verified our fondest expectations. The report

set forth that the mine possibilities of Ely Central were nearly as

great as those of the Nevada Consolidated itself. On the basis of this

report, which was made in September, the project acquired a new

significance. Development operations were undertaken to prove up the

ground in an endeavor to demonstrate the existence of the 33,000,000

tons of commercial porphyry ore which Colonel Farish indicated in his

report would likely be found within the boundaries of the southern part

of the Ely Central property.

The prospect fairly took the Scheftels organization off its feet. We

were dazzled. We saw ourselves at the head of a mine worth $25,000,000

to $40,000,000. No time was lost in organizing a campaign to finance

the whole deal. Having no syndicated multi-millionaires to back it up,

the Scheftels corporation went to the public for the money, the same as

hundreds of other notable and successful promoters had done. The

ensuing publicity campaign to raise capital has been described in

hundreds of columns of newspaper space as one of the most spectacular

ever attempted in Wall Street.

I had absolute faith in the great merits of Ely Central, a faith that

has not been dimmed in the slightest degree by the vicissitudes through

which the company, the Scheftels corporation, and myself personally

have passed. Within thirteen months the Scheftels corporation caused to

be spent for mine development more than $150,000, and on mine and

company administration an additional $75,000. When the Scheftels

company was raided by the Government on September 29, 1910, and a stop

put to further work the expenses at the mine had averaged for the nine

months of that year above $15,000 a month. Work was going on night and

day. Every possible effort was being made to prove-up the property in

short order. Core-drills sent down from the surface had already

revealed the presence of ore at depth, and I am sublimely certain that

another month or two would have put the underground air-drills into

contact with a vast ore-body identical in quality and value with that

lying on either side in Nevada Consolidated acreage.

Ely Central was the New York Curb sensation in 1909-1910. I used the

publicity forces which had been so successful in protecting the public

against the rapacity of multi-millionaire mining-wolves to educate them

up to the speculative possibilities of Ely Central.

Up went the price. Between the first of September and the middle of

October the market advanced to $2 3-8. On October 13th advices reached

us that 30 per cent. copper ore had been struck in the Monarch shaft.

The Monarch is an independent working, far removed from the area that

is sandwiched in between the main ore-bodies of the Nevada

Consolidated. We were highly elated. The prospect looked exceedingly

bright to us, and there was no longer any hesitation in strongly

advising our following to take advantage of an unusually attractive

speculative opening.

The market boomed along in a most satisfactory way. By October 26th the

price reached $3; on November 3d it was $4 a share, and three days

thereafter $4-1/4 was paid.

The expenses of the Scheftels company on publicity work at this time

amounted to about $1,000 a day. Money for mine development on Ely

Central was being spent as fast as it could be employed. We were trying

to sell enough stock at a profit over the option price to defray the

publicity expenses, keep the mine financed, and meet our payments on

the option, but no more. We were not making any effort to liquidate on

a large scale, a fact which was reflected in the advancing quotations.

When the price of Ely Central hit $4 in the market, the Scheftels

company rated itself as worth from $3,000,000 to $4,000,000. I had

visions of leading the Guggenheims and Lewisohns and Thompsons up the

Great White Way with rings in their noses. Nat. C. Goodwin, who had a

25 per cent. interest in the Scheftels enterprise, enjoyed similar

visions, only his fancy ran to building new theaters for all-star

casts.

While Ely Central stock was going skyward and all the speculating world

was making money in it, our publicity forces were busily driving the

bald facts home regarding La Rose, Cumberland-Ely, Nevada-Utah and

other pets of the mighty. Our batteries never let up for a moment.

These various attacked interests were getting ready to strike back. If

their movements had been directed by an individual general they could

not have worked with more community of interest. One day the sky fell

in on us. The plans had been beautifully laid for our complete ruin.

That we escaped utter annihilation was almost a miracle.

On Wednesday, November 3d, the result of our market operations on the

New York Curb was that we quit long on the day nearly 8,000 shares of

Ely Central at an average price of $4. On the same day our customers

ordered the purchase of nearly twice as much stock as they ordered

sold. This indicated to us that the Curb selling was professional.

There was nothing very remarkable about this performance because

brokers doing business on the Curb very frequently play the market for

a fall.

On Thursday, the day following, the Scheftels company was again

compelled to purchase stock on the Curb in excess of sales to the

extent of 7,600 shares, while on the same day the buy orders of house

customers exceeded their orders to sell at least three to one. The

professional selling was now accompanied by rumors on the Curb which

spread like the smell of fire that trouble of some dire sort was

pending for the Scheftels company. Most of this emanated from an

embittered brokerage quarter and we paid little attention to it.

On the succeeding day, Friday, November 5th, the professional selling

was quieted to a point that compelled the Scheftels company to go long

of only 6,600 shares on the day in its Curb market operations. The

purchase of so small a block of stock excited no suspicion in the

Scheftels camp, although it should have, because Scheftels' customers

on this day purchased more than four times as much stock as they

ordered sold, pointing conclusively to a great public demand and much

shorting by professionals.

Then came the _coup de main_.

THE ASSAULT ON ELY CENTRAL

The 6th day of November fell on a Saturday. The New York _Sun_ of that

morning published under a scare head a vicious attack on the Ely

Central promotion. The attack was based on an article which was

credited in advance to the _Engineering & Mining Journal_ and appeared

in the _Sun_ ahead of its publication in that weekly. The _Sun_ had

been furnished with advance proofs. The Ely Central project was

stamped as a rank swindle. Everybody identified with it was raked over

and I, particularly, was pictured as an unprincipled and dangerous

character, entirely unworthy of confidence and at the moment engaged

in plucking the public of hundreds of thousands. It was stated that

the Ely Central property had been explored in the early days of the

Ely camp and found of no value whatsoever from a mining standpoint.

The Scheftels corporation was accused of setting out in a cold-blooded

way to swindle investors on a bunco proposition.

I was in my apartment at the Hotel Marie Antoinette at 9 A.M.

when I read the _Sun's_ story. The Scheftels company had thrown

$85,000 behind the market during the three preceding market days to

hold it against the attack of professionals.

I called the Scheftels office on the 'phone and gave instructions that

a certified check for $40,000 be sent to Wasserman Brothers, members of

the New York Stock Exchange, with orders to purchase 10,000 shares of

Ely Central at $4-1/8, which was the quotation at the close on the

afternoon before. Orders to buy 15,000 shares more at the same figure

were distributed among other brokers. The single order was given to

Wasserman Brothers because I thought it good strategy. They are a house

of undoubted great responsibility and it seemed to me that their

presence in the market on the buying side would have an excellent tonic

effect.

During the two hours' session I held the 'phone, receiving five minute

reports from the scene of action. Mr. Goodwin was at my side. At ten

minutes to twelve the brokers had reported the purchase, on balance, of

24,225 shares. Had they purchased 675 shares more they would have

completed the orders that were outstanding and it would have been up to

me to decide whether to lend further support or not. By that time my

figures showed that the Scheftels corporation had thrown behind the

market $200,000 in four days to hold it and I was beginning to have

"that funny feeling." During the last few minutes of the Saturday Curb

session the selling ceased and it seemed that possibly my fears were

unfounded.

On Sunday, the 7th, my hopes went a-glimmering. All the New York

papers featured scathing articles, using as authority the _Engineering

& Mining Journal's_ attack, which had appeared on the previous

afternoon. Dispatches indicated, too, that the papers of Boston,

Chicago, Los Angeles and San Francisco had played it up on the front

page as the most shocking mining-stock scandal of the century.

By Monday, the whole country had been plastered with the sensation. Of

course my early Past, all of which was a family affair and had

transpired fourteen years prior, long before I essayed to enter the

mining promotion field, was dragged out of the skeleton-closet. It lent

verisimilitude to the stories.

After reading the Sunday newspapers, I grasped the meaning of the move

and marshalled our forces. It was plain that we had been marked for the

sacrifice. It looked as though we hadn't a chance in a million of

weathering the onslaught if we lent the market further support. There

were about 500,000 shares of Ely Central in the public's hands, and,

without close to $2,000,000 in ready cash to throw behind the market,

we could not be certain of staying the tide. We didn't have anything

like that sum. Personally I did not give up the fight, but the outlook

was mighty blue.

All day Sunday trusted clerks of the Scheftels company worked on

the books, making a statement of the "stop-loss" orders and

"good-till-cancelled" orders of customers. On Monday morning the

newspapers contained aftermath stories of the _Engineering & Mining

Journal's_ arraignment. The air was surcharged with the impending

calamity.

THE CLASH OF BATTLE

With a line of defense carefully outlined, I approached the fray.

First, the Scheftels corporation placed with reliable brokers written

orders to sell at the opening the stocks that were specified in the

stop-loss and good-till-cancelled orders of customers. Not an order to

sell a share of inside stock was given. It was also decided not to

place any supporting orders until after the market opened and it could

be determined with some degree of accuracy what the volume of stock

amounted to that was pressing for sale.

Just before the market opened I could see from my office window a dense

crowd of brokers assembled around the Ely Central specialists. Although

ominously silent, they were struggling for position and were tensely

nervous. It was plain that the over-Sunday anti-Scheftels newspaper

publicity had racked Ely Central stockholders and created a panicky

movement to liquidate, which was about to find vent in violent

explosion. It was evident that the Scheftels corporation would have to

conserve every resource if the day was to be saved.

The market opened. Instantly there was terrific action. Hundreds of

hands were waving wildly in the air. Everybody wanted to sell and

nobody wanted to buy. The chorus was deafening. Screams rent the air.

The tumult was heard blocks away. Every newspaper had a man on the

spot. Brokers from the New York Stock Exchange left their posts and

came to see the big show; the Stock Exchange was half emptied. The

spectacle had been advertised widely and everybody was keenly awake and

wrought up to a high pitch of excitement over what had been scheduled

to occur.

Had the Scheftels brokers been supplied with orders to buy one-quarter

of a million shares of stock at the closing market price of the

Saturday before, $4 1-8, it was very apparent that they would have been

unable to hold the market. The opening sale was at $4. Downward to the

$3 point the stock traveled, breaking from 25 to 50 cents between

sales. Through $3 and on down to the $2 point the price crashed. Blocks

of 10,000 shares were madly thrown into the vortex of trading. The Curb

was a struggling, screaming, maddened throng of brokers. Every trader

appeared to be determined to crush the market structure. At $2 a share

there was a temporary check in the decline, but the bears renewed their

onslaught, gaining confidence by the outpour of selling orders. Within

less than an hour after the opening the stock hit $1 1-2 a share. At

this juncture the Scheftels broker in Ely Central reported that he had

executed all the stop-loss and good-till-cancelled orders entrusted to

him with the exception of 19,000 shares.

"The Scheftels company will take the lot at $1 1-2," I said.

In lending succor at $1 1-2 per share I was really stretching a point,

although at this figure the net market shrinkage of the Ely Central

capitalization was in excess of $3,000,000. This melting of market

value was awful to contemplate. On the other hand the newspaper

agitation was unmitigated in its violence, stockholders were convulsed,

a break of serious proportions was certain, and it was up to me to

conserve every dollar. The moment the Scheftels bid of $1.50 a share

made its appearance on the Curb and the selling from the same source

for the account of customers was discontinued, it was seen that the

force of the drive had spent itself, at least for the time being.

Support now came from the "shorts." They started to cash their profits

on their short sales of the days previous. Crazed selling was

transformed to frantic buying.

The scene at this juncture was dramatic. It was the momentary

culmination of a cumulative, convulsive cataclysm. In refraining from

selling for its own account the Scheftels corporation violated one of

the sacred rules and privileges not only of the New York Curb but of

the New York Stock Exchange. In both of these markets it is the custom,

where brokers have advance information of an impending calamity, to

beat the public to the market and get out their own lines first,

leaving customers to take care of themselves.

By deftly feeding stock to bargain hunters and to the "shorts" at

intervals and buying stock when it pressed for sale from frightened

holders at other periods the Scheftels company was able to support the

market that afternoon to a close with sales recorded at $2 a share. The

cash loss of the Scheftels company on its Curb transaction in Ely

Central that day was $60,000. This fresh sacrifice was needed to steady

the market.

Tuesday, the following day, the daily newspapers belched forth further

tirades of abuse and calumny. The market crash in Ely Central was held

up to the public as proof positive that the project was a daring

swindle. The raid on the stock in the market was renewed. A Johnstown

flood of liquidation ensued. Fluctuations were violent. Opening at $2,

the price was forced down to $1. It afterward rebounded to $2, but the

waters would not subside, the stock was hammered again and it closed at

$1 per share. To meet the oncoming emergencies the Scheftels

corporation was obliged to fortify its cash reserve in the only one way

that offered. It was compelled to convert a large part of its reserves

of securities into cash and it had to sell on a declining market. Many

accounts were withdrawn by timid customers, and the Scheftels company

was further called upon to give stability to Rawhide Coalition and

Bovard Consolidated, other stocks which it had been sponsoring in the

markets. Loans were called by brokers with whom the Scheftels company

was carrying stocks, deliveries were frantically tendered to the

Scheftels company of stocks it had purchased at previous high levels,

and a financial onslaught made generally that would undoubtedly have

sunk the Scheftels' ship but for the fact that we had backed-up in the

nick of time, had measured our distance, had gone just so far and not

too far, and had kept on the firing-line.

An exceedingly gratifying feature of the sensational day was the way in

which our friends stood by us. The venom and selfishness of the

overwhelming assaults that had been made upon us convinced many of the

public that we were being made the victims of a special attack, and

with the natural impulse that governs honorable men they gave testimony

to their confidence in us.

On Wednesday the campaign terminated. Ely Central weakened an eighth

from the $1 point, the closing of the day before, recovered to sales at

$1-3/4 and closed at $1-1/2 bid; $1-5/8 asked.

All day long our offices were thronged with newspaper reporters and

with pale-faced and agitated customers. Our clients felt their

helplessness in such a tumult of warring forces. The only thing they

could do was to stand by and watch developments as the battle waged. It

was a proud moment for me when, at the end of the day's market, I

mounted the platform in the Scheftels customers' trading-room, gave

voice to a shrill cheer of triumph and wrote on the blackboard the

following:

"We have not closed out a single margin account! We are carrying

everybody!"

The scene which followed warmed the cockles of my heart. I was

literally mobbed, but it was a friendly mob. We all joined in a season

of noisy rejoicing. That we should have been able to survive the

three-days' siege with minimum losses to customers and without

sacrificing a single margin account was a signal achievement. I doubt

if there are many cases like it in the history of Wall Street.

Scores of telegrams were received from out-of-town customers to whom

the margin respite was wired. One of these read:

You may look for a tidal wave of business. Your princely action

warrants 21 guns for the House of Scheftels.

Another one was to this effect:

The whole situation was greased for your descent. It was a

shoot-the-chutes and a bump-the-bumps proposition. Congratulations

on your survival.

Hundreds of letters of a similar tenor poured in upon us. Many of these

came from the camp of Ely itself, where large blocks of the stock were

held by mining men on the ground.

Thursday the stock closed at $l-3/4; Friday it advanced to sales at

$1-7/8 and hung there.

The Scheftels organization now drew its first long breath. Friends and

enemies alike marveled how the corporation had managed to survive. We

had held the fort, but at murderous cost.

I got busy with the publicity forces at my command. Through the

Scheftels Market Letter and the _Mining Financial News_ the story

was told of the whole dastardly campaign.

The Weekly Market Letter of the Scheftels company on November 13, 1909,

devoted 24 columns to the story of the raid.

That the Guggenheim-managed Nevada Consolidated was well pleased with

the publication of the _Engineering & Mining Journal's_ attack seemed

clear to me. The reason was this: In its attack the _Engineering &

Mining Journal_ stated that two drillholes put down by the Nevada

Consolidated in the immediate vicinity of Ely Central had failed to

show better than nine-tenths of one per cent. copper ore which, the

article said, was below commercial grade. (At this late date, October,

1911, they are mining ore in the steam-shovel pit of the Nevada

Consolidated that will not average more than eight-tenths of one per

cent. copper transporting it to the concentrator, more than twenty

miles away, and treating it at a profit. But this is not the point.)

An engineer of international prominence telegraphed the Scheftels

company from Ely as follows:

Two drill holes mentioned in _Engineering & Mining Journal_

article were completed only last week. Results must have been

telegraphed to New York.

These holes gave great trouble on account of caving ground. I heard

drill runners say they were stopped on that account and were in ore

in bottom. In any case, it is not conclusive of unpayable ore in

vicinity. This condition often occurs.

I could write a book in reply to the _Engineering & Mining Journal's_

tirade, showing the utter flimsiness of the statements it made. Limited

space forbids anything more than an outline.

Charles S. Herzig was employed to report confidentially on the

property. Mr. Herzig's report was later checked up by Dr. Walter

Harvey Weed, a great copper geologist of known high standing who was

formerly one of the principal experts of the United States Geological

Survey and was himself a frequent contributor to the _Engineering &

Mining Journal_. Dr. Walter Harvey Weed wired to the C. L. Constant

Company, the metallurgists and mining engineers, from Ely, as follows:

After making a most thorough examination my opinion is Southern

part Ely Central property is covered by rhyolite capping.

Geological evidence demonstrates that the porphyry extends eastward

(through Ely Central) from steam-shovel pit and with excellent

chance of containing commercial ore beneath a leached zone. A well

defined strong Fault separates steam-shovel ore from rhyolite area

and this Fault Plane may carry copper glance (very rich copper ore)

of recent origin, due to descending solutions. The iron-stained

jasperoid croppings in the limestone areas give promise of making

ore in depth on Ely Central property as they do in Giroux.

The _Engineering & Mining Journal_ said in its article that the

northern portion of Ely Central showed the Arcturus limestone of the

district. It stated that in this limestone at various places there is a

little mineralization but never during the history of the district were

any profitable results obtained. As against this, Engineers Farish,

Herzig and Weed reported that the limestone areas on Ely Central would

likely show the presence of mines. As a matter of fact, Giroux,

neighbor of Ely Central, had sunk through this limestone and opened one

of the richest bodies of copper ore ever disclosed.

The _Engineering & Mining Journal_ said that in representing that

pay ore is likely to exist in the area of Ely Central sandwiched in

between the two big mines of Nevada Consolidated, the Scheftels company

was practicing deception. Not only did Messrs. Farish, Herzig and Weed

report in favor of the likelihood, but it is now a commonly accepted

fact that, unless all known geological indications are deceptive, Ely

Central has the ore in this stretch of territory. A report made as late

as September, 1911, by engineer Richard T. Pierce, for the

reorganization committee of Ely Central, expresses the opinion that an

area 1,300 feet by 1,900 feet at the south-east end of the Eureka

workings "will be found to contain mineralized porphyry, with

reasonable assurance that commercial ore will be had in it."

Mr. Herzig's first telegram from Ely after examining the Ely Central

property was to this effect:

There is no question that the rhyolite was deposited in Ely Central

after the enrichment of the porphyry. The Fault that limits the

rhyolite in the Nevada Consolidated pit is indicated by several

feet thickness of crushed mineralized porphyry-rhyolite ore, which

is a positive evidence that the porphyry was enriched before the

faulting. The limestone and contact areas owned by the company, in

my opinion, have great potential value. The indications are in

every way similar to Bisbee. Rich carbonate ore has been

encountered on the Clipper and Monarch claims of Ely Central and I

look forward to seeing big ore bodies opened up at these places.

Reports of both these engineers, many thousand words in length,

made later, confirm these messages.

What probably convinced me more than anything else of the inaccuracy of

the statement regarding the Ely Central property by the _Engineering

& Mining Journal_ was the attitude of Charles S. Herzig. He is my

brother.

Up to within thirty days of the appearance of the attack in the

_Engineering & Mining Journal_ I had not set eyes on him in fifteen

years. A graduate of the Columbia School of Mines, he had in the

interim examined mining properties in South Africa, Egypt, Australia,

the East Indies, Siberia, every European country, Canada, Mexico,

Central America, South America and the United States in the interests

of some of the world's greatest financiers. These expert examinations

had covered deposits of gold, silver, copper, lead, zinc, coal and

other minerals. In the engineering profession he is known as an expert

who has his first failure yet to record. His standing is unquestioned

as an engineer and a mine-valuer.

I had heard some criticism of the Farish report, made by engineers of

the modern school, in which it was pointed out that Colonel Farish had

failed to give scientific reasons for all of his deductions. I asked

Captain W. Murdoch Wiley, then a member of the C. L. Constant Company,

assayers, metallurgists and mining engineers, whether he could induce

my brother to make an examination. I did not approach Charles myself,

because we had been estranged. So it was that when he returned from

Europe after an absence of many years, he had not even looked me up.

Captain Wiley arranged for a meeting at the Engineers' Club. I went

there, and was formally introduced by Captain Wiley to my brother

across a table.

"What will you take to make a report on Ely Central?" I asked in the

same matter-of-fact way I would have addressed a stranger.

"What's the purpose of the report?"

"The Scheftels company wants confidential, expert information such as

you are qualified to give as to the value and prospects of the

property," I answered.

"I'll take $5,000," he said, "but only on one condition. I am going to

the Ely and Ray districts to report for English capitalists, and I can

take your property in at the same time. My report is not to be

published and I reserve the right to make a verbal instead of a written

one. If you really want to know what I think of the property, I am

quite willing to give it a careful examination and let you know.

Because of the stock-market campaign you are making, I would not accept

your offer if, did I report favorably, your idea would be to make use

of the report in the market."

The bargain was struck. A few days later Mr. Herzig received $2,500

from the Scheftels company, on account, and a check for traveling

expenses. He left for Ely.

On the Saturday morning when the New York _Sun_ article appeared

containing the excerpts from the _Engineering & Mining Journal's_

onslaught, I wired my brother substantially as follows:

Savage attack in _Engineering & Mining Journal_ on Ely Central. If

your report on property is favorable, I beg you to let us have it

by wire and allow the use of it to counteract.

An hour later I followed it up with another message telling him not to

wire any report. I set forth that because he was my brother, it might

prove of little avail, now that the publication had been made, and

that it might only tend to do him personal damage in the profession

because of the unqualified manner in which the _Engineering & Mining

Journal_ had taken a stand against the property. In reply he wired

Captain W. Murdoch Wiley the short but decisive report already quoted

herein, regarding the geological reasons why Ely Central should have

the ore, which afterward was fully verified by Dr. Walter Harvey Weed

in the message also reproduced in the foregoing. In a letter from Ely

to Captain Wiley confirming the message, the original of which is in

my possession, Mr. Herzig said:

I have formed a very favorable opinion of the property. I feel that

it has the making of a big mine, and under the circumstances I am

willing to stand a little racket for a time.

The same day he wired Captain Wiley to buy for his account 2,500 shares

of Ely Central at the market price, which order was executed through

the Scheftels company.

Editor Ingalls of the _Engineering & Mining Journal_ and my brother

had been friends for years. My brother had been employed early in his

career by the Lewisohns, Guggenheims and the Anaconda Copper Company,

and later in Europe, Australia and India by mine operators of even

higher class. Up to the time when the _Engineering & Mining Journal's_

attack appeared he had not committed himself on Ely Central. When he

did commit himself it was with the foreknowledge that in doing the

unselfish and courageous thing his name would be besmirched if under

development Ely Central turned out to be what the _Engineering &

Mining Journal_ had declared probable. In that event his relationship

with me would be held up as positive proof of duplicity and it would

look bad for him. The fact that under all these circumstances he

jumped into the breach satisfied me that the attack of the

_Engineering & Mining Journal_ was unjustified.

A BOMBSHELL IN THE ENEMY'S CAMP

As soon as the Scheftels corporation was able to obtain a copy of the

corroborative report of Dr. Walter Harvey Weed, which the great copper

geologist made to the C. L. Constant Company, it filed a libel suit

against the _Engineering & Mining Journal_ for $750,000 damages.

Simultaneously Mr. Scheftels filed another suit for an additional

$100,000 in his own behalf.

The filing of the Scheftels libel suits against the _Engineering &

Mining Journal_ was a bombshell. It was formal notice to the forces

arrayed against us that we did not propose to be made victims of an

unholy hostility and that we were determined to proceed along old lines

and not abate in the slightest our wide-open publicity measures. It was

also noticed that we proposed to go through with the Ely Central deal.

After it became evident that we intended to keep on fighting, the

Scheftels offices were openly visited and inspected in detail one day

by the late Police Inspector McCafferty. In a bullying manner this

police official let it be known that we were in official disfavor with

him. His manner could hardly have been more offensive if he had been

invading a den of counterfeiters. Mr. McCafferty did not specify just

what he was after or just what he expected to find, but he made it

plain to us that we were marked and that he had it in for us. He

stalked scowlingly through the entire establishment and made vague

threats of what was in store for us.

Late that night I learned that the Inspector had invaded the

living-rooms of my associate, Nat. C. Goodwin, where he delivered

himself somewhat as follows:

"What are you fellows trying to do, anyway? What are you trying to put

across on us? Do you think we are going to stand for any such newspaper

notoriety as you are getting and watch it with our arms folded? Do you

think we are fools or crazy, or what? I want you to understand that you

fellows have got your nerve with you. Get busy or the police will be on

your backs to-morrow!"

I told Mr. Goodwin that our enemies had evidently sicked the Inspector

on to us, but that I didn't think any action would be taken. We were

victims and not culprits, and unless, indeed, the United States was

Russia, nothing untoward could happen.

I promised Mr. Goodwin, however, that I would attend to the matter

without delay. I laid all of the facts regarding the newspaper attack

before a prominent citizen who promised forthwith to convey the

information in person to the Inspector or one of his superiors. He did

so. That was the last we heard of the matter.

The _Engineering & Mining Journal's_ lawyers addressed themselves

to customers of the Scheftels company, who had lost money in the market

break in Ely Central from $4 to $1.50. By letter they urged them to

send on a full statement of facts and suggested that they might be of

service, and without charge.

Letters of this character were sent to large numbers of our customers,

many of whom simply sent them to us. In some cases, however, customers

who had read the attack in the _Engineering & Mining Journal_ or

quotations from it in widely circulated daily newspapers, needed but

the letter from the lawyers to induce them to come forward with a

complaint.

On the whole, this fishing expedition must have been something of a

water-haul and a disappointment, for the attorneys of the

_Engineering & Mining Journal_.

The Post-office Department at New York, in January and February, sent

letters broadcast to readers of the Scheftels Weekly Market Letter,

asking whether the business carried on was satisfactory--the usual form

that is used where a firm is under investigation. Scores of these

letters were forwarded to us by customers with remarks to the effect

that evidently "somebody was after us." An inquiry of this sort is

calculated to do terrible damage to the reputation and standing of any

house that does a quasi-banking business. Our attorneys complained to

Inspector Mayer of the New York division of the Post-office that an

injustice was being done. No more letters of the character described

were sent out, because the early replies that were received by the

Inspector to his circular letter brought forth no serious complaints.

However, it was afterward disclosed that the investigation did not

cease here and that the Post-Office Department continued to conduct a

searching inquiry only finally to abandon its enterprise.

Enters upon the scene an associate of the _Engineering & Mining

Journal's_ lawyers defending that publication against our suit for

libel. He called at the Scheftels offices and demanded from Mr.

Scheftels information with regard to the account of C. H. Slack of

Chicago. He got it. It showed that Mr. Slack had purchased 50,000

shares of Bovard Consolidated at 10 cents per share, for which he had

paid cash, and that Mr. Slack had purchased an additional 100,000

shares at 14-1/4 and 14-3/4 cents per share; and that Mr. Slack had

refused, after the market declined to below the purchase price, to pay

the balance due, because of delayed delivery.

The delay in delivery was accidental. The Scheftels company actually

had in its possession two million shares of the stock or more, and the

delivery would have been tendered earlier but for the fact that the

raid on Ely Central had piled up so much work for the clerical force

that everything was set back. We knew of no legitimate excuse for Mr.

Slack, because he could have ordered the stock sold at any time,

delivery or no delivery. The Slack transaction receives amplification

here, because later, when the Scheftels corporation was raided by a

Special Agent of the Department of Justice, it figured as one of the

cases cited by the Agent in the warrant sworn to by him against B. H.

Scheftels & Company as proving the commission of crime.

Another case about which Mr. Scheftels was asked to give full

information was that of D. J. Szymanski, a corn doctor at 25 Broad

Street. Mr. Scheftels had urged the Doctor to buy Ely Central when it

was selling at 75 cents before the rise. Later, when the advance was

well under way, above the $3 point, the Doctor bought some stock

through the Scheftels corporation. When the price hit $4 he was urged

to take profits. He refused to do so. When the attack began and the

price broke badly the Doctor saw a big loss ahead.

He called at the Scheftels' office and begged for the return of the

money he had lost in his Ely Central speculation.

The investigation was heralded among the brokers and caused much market

pressure on the stocks fathered by the Scheftels company. We were not

dismayed. To strengthen our position and to give added token of our

good faith we increased our development operations at the mines. Our

expenses in that quarter were swelled to the limit of working capacity

on our underground explorations, as I realized that our salvation might

depend on making good in quick order with Ely Central from a mining

standpoint. We knew the ore was there and that it was up to us to get

it before our enemies got us.

A GOVERNMENT RAID IS RUMORED

Out of a blue sky late in the month of June came news to the Scheftels

office that a newspaper reporter on the New York _American_ had

stated that he had seen a memorandum in the city editor's

assignment-book to watch out for a Scheftels raid by the United States

Government. The information was reliable and it gave us a shock. Yet

the thought that the powers of a great government like the United

States could be used to crush us without giving us a hearing seemed

unbelievable.

To be on the safe side Mr. Scheftels, accompanied by an attorney of

high standing, visited Washington. They went direct to the Department

of Justice, where Attorney-General Wickersham's private secretary,

after a friendly conversation, referred them to the chief clerk. He

reported, after a search of twenty-five minutes' duration, that there

was no charge against B. H. Scheftels & Company. He even volunteered

the information that he did not know that such a firm was in existence.

It afterward developed that at the very time Mr. Scheftels and the

attorney were at the Department of Justice a special rubber-shoe

investigation was on under the dual direction of a young Washington

lawyer on Attorney-General Wickersham's personal staff, and a Special

Agent of the Department of Justice. The latter had been given

extraordinary powers as a special agent of the Department of Justice,

ostensibly to "clean out Wall Street."

Satisfied they were in the wrong place, Mr. Scheftels and the

counsellor departed from the Attorney-General's office for the

Post-Office Department. They were referred to Chief Inspector Sharp.

The lawyer requested that the Scheftels corporation be given a hearing

before any action was taken on any complaints that might reach the

department. Mr. Sharp agreed to this on condition that the attorney

would agree for the Scheftels company that an inspection of the books

of the corporation would be permitted on demand at any time. There was

a ready assent. A memorandum to this effect was left with Inspector

Sharp.

Mr. Scheftels left the Department with positive assurance that no snap

judgment would be taken. Edmund R. Dodge of Nevada, personal counsel of

B. H. Scheftels & Company, then addressed a letter to U.S. Senator

Newlands with the request that he take the matter up direct with the

Postmaster-General.

Senator Newlands, under date of July 2, wrote Mr. Dodge that he had

addressed a letter to the Postmaster-General with the request that

notice be given to Mr. Dodge in case any complaint or information was

lodged against the Scheftels corporation. A few days later Senator

Newlands sent Mr. Dodge a letter from Theodore Ingalls, Acting Chief

Inspector of the Post-Office Department, in which Mr. Ingalls said it

was the practice of the Department in case of alleged use of the mails

for fraudulent purposes to give individuals against whom complaint has

been made full opportunity to be heard either through person or

counsel, should adverse action be contemplated as a result of the

investigation of such allegation.

Feeling that our house had been securely safeguarded against surprise

parties, I at this junction took a trip to Nevada, where urgent

business matters required my attention. While I was in the West

telegrams were sent me that the premier mail-order mining-stock

bucket-shop firm on Broad Street was flooding the mail and burdening

the telegraph wires with urgent appeals to stockholders of Rawhide

Coalition, one of our specialties, to sell out their holdings, as a

severe break in the price of the shares was impending. Forewarned of

this attack, I telegraphed instructions from Reno to meet the onslaught

with a notice in the _Mining Financial News_ addressed to investors,

telling them to be on their guard.

My trip to the West made a pocketful of money for investors by my

purchase of the control in the Jumbo Extension company on a monthly

payment plan. The price of the stock tripled in the market. My

re-entrance into the Goldfield camp was especially distasteful to the

Nixon-Wingfield interests. Before I left Goldfield I was actually

warned that the vengeance wreaked on the Sullivan Trust Company would

be visited on the Scheftels company for daring to reinvade the

Goldfield district.

Late in August the Scheftels company endured what was probably the most

severe strain it had been put to since its incorporation. We had been

making heroic efforts to rally the price of our specialties on the New

York Curb market. We were meeting with unusual resistance from

professional sources. At the period of which I narrate, Ely Central had

registered a low quotation of 62-1/2 cents and we had successfully

strengthened it to around $1. All the way up we met with heavy sales.

One day deliveries crowded in so fast that three cashiers working in

the "cage" were unable to keep up with the transactions. The business

of the corporation had been heavy in the general list as well as in the

house specialties. There was more than sufficient money on hand to

finance all the transactions that day, but not, however, unless

deposits were made in bank as rapidly as our own deliveries were made

and collected for by our messengers.

About 2 o'clock in the afternoon a report reached the Curb that the

bank checks of B. H. Scheftels & Company were not being promptly

certified. As this rumor gained currency the excitement on the Curb

increased. The Curb concluded that we were at last "busted." Motley

throngs began to assemble in front of the offices. The fierce yells of

brokers could be heard bidding for and offering Scheftels checks below

their face value. A throng of the riffraff of the Street swarmed in

front of the building.

One or two individuals, implacable enemies who had repeatedly led the

market onslaught against the Scheftels stocks, offered Scheftels checks

for small sums at as low as 50 cents on the dollar. These were licked

up by our friends who had been assured that we were financially all

right and that some mistake must have been made at the bank.

Investigation showed that dilatory message service was responsible for

the bank's delay in certifying. Our deposits did not reach the bank as

promptly as they should have. As a special favor to us that afternoon,

while the tumult in front of our doors was greatest, the bank continued

to certify checks until 3:30 o'clock, extending the closing time 30

minutes. Then they reported that a comfortable cash balance was still

on hand.

The next morning the newspapers started a jamboree. First-page,

last-column, double-leaded, scare-head stories greeted every New Yorker

for breakfast, telling him about the panic among Curb brokers to sell

the Scheftels checks the afternoon before. Needless to say it was the

kind of notoriety that was likely to do greatest injury to the House of

Scheftels. If anything half as bad had been printed about the strongest

bank in New York, that bank would have been forced to close its doors

before the day was half over.

Nor did I for a moment underrate the danger of our position. Between

two suns I managed to assemble $50,000 in addition to our cash

reserves, with promises of as much more as was needed. We easily held

the fort. At the end of the day's business I created a diversion by

appearing in the Scheftels board-room, flourishing a handful of $1,000

bills before the newspaper men. The scribes found the Scheftels

corporation meeting all demands, and, at the end of the session, with a

small bale of undeposited money in its possession.

The strain, however, was great. Confidence was again impaired. Many

accounts were withdrawn by customers. We were compelled to ease our

load by selling accumulated stocks at a loss. The price of Ely Central

and other Scheftels promotions dropped. The decline was assisted by

general weakness in other Curb stocks.

Peculiarly enough, at the time when the market for Ely Central shares

was lowest, during the latter part of September, fourteen months after

the Scheftels company had taken hold of the proposition, mine reports

were most favorable. Underground development work and churn drilling

had set at rest for all time the question of whether or not mineralized

porphyry underlies the rhyolite cap or flow extending eastward through

Ely Central ground from the steam-shovel pit of the Nevada

Consolidated. Upward of $240,000 had been paid out for administration,

mine equipment and for miners' wages to make this demonstration.

The Scheftels company was now informed that the Nevada Consolidated was

actually meditating a trespass on the Juniper claim of the Ely Central

company, in order to secure an outlet from the lower levels of its

giant steam-shovel pit. Warning in writing had already been served on

the Nevada Consolidated officials against such a course. On September

25th attorneys of the Ely Central Copper Company secured from a Nevada

court an order restraining the Nevada Consolidated from proceeding with

this trespass and citing it to show cause why it should not cease to

trespass on other Ely Central ground.

The attorney telegraphed to New York that a bond was required before

the injunction could be made operative. On September 27th and 28th

telegrams were exchanged between the Ely Central offices in New York

and the Nevada attorneys of the company at Reno as to providing

sureties for the bond.

The sureties never qualified. A catastrophe befell us and brought to an

earthquake finish the house of B. H. Scheftels & Company and all its

ambitious plans.

The constant turmoil in which the House of Scheftels had found itself,

from the day the _Engineering & Mining Journal's_ attack appeared,

had made it impossible for the Scheftels company to hold the markets

for Ely Central and Rawhide Coalition. Impairment of credit, money

stringency and a general declining market were partly responsible. But

there was another important factor. Because of the time-limit of its

options, the Scheftels company was forced, from time to time, to throw

stock on the market at prices which showed an actual loss.

It had one market winner which showed customers and the corporation

itself a large profit, namely, Jumbo Extension. I held an option on

approximately 450,000 shares of this stock at an average price of 35

cents, which I had turned over to the corporation. The market advanced

to 70. Following the tactics employed in Ely Central at the outset of

that deal, the Scheftels corporation had urged all its customers to buy

Jumbo Extension at the very moment when I was negotiating for the

option in Goldfield, with the result that purchases were made in the

open market by readers of our market literature at from 25 cents up,

with accompanying profit-making.

As the price soared, a short interest of 150,000 shares of Jumbo

Extension had developed among brokers in San Francisco and New York,

and it was very apparent from the demands of stock for borrowing

purposes that it would be impossible for the short interests to cover

excepting upon our terms. The Scheftels company was making ready for a

"squeeze" of the shorts such as had not been administered before in the

history of the Curb. At the very moment of victory, however, when we

were making ready to execute a magnificent market coup in Jumbo

Extension in the markets of San Francisco and New York, we were plunged

without warning to complete ruin.

THE RAID ON B. H. SCHEFTELS & CO.

The destruction of the Scheftels structure was consummated on the 29th

day of September, 1910. I was standing on the front stoop of the

Scheftels offices, watching the markets for the Scheftels specialties.

A broker with San Francisco connections made me a bid of 68 cents for

10,000 shares of Jumbo Extension. I promptly refused. At that very

moment my attention was called to the violent slamming of a door behind

me. Turning to a Scheftels employee who was standing by my side, I

learned that a number of strangers had filed into the customers' room

without attracting any particular attention. I tried to get in. The

door was locked. Undoubtedly something serious was transpiring. I

walked a full block through the hallway to the New Street entrance

of the building where the offices of the _Mining Financial News_

adjoined those of the Scheftels corporation. I tried the door there

with similar result. It was locked against me.

That settled it. I concluded that the ax had fallen.

The shock of realization that our offices were being raided by the

Government did not for a moment throw me off my balance or put fear in

my heart, nor did the sense of the outrage affect me at the moment.

There was but one sickening thought--the ruin of the edifice I and my

associates had labored day and night for so many months to build and

the fate of our customers who had invested their money in the companies

we had promoted.

In three seconds I was on my way to the place where I thought succor

could be found--the offices of the Scheftels attorneys. I walked across

the street to the New Street entrance of a building that extends from

Broadway to New Street, ambled across to the Broadway side, jumped on a

surface car, rode three blocks to Broadway and Cedar Street, jumped

into an elevator, and in a few minutes entered the offices of House,

Grossman & Vorhaus.

"Go over to the Scheftels offices," I said, "and be quick! I think we

are being raided."

In a moment two members of the law firm were on their way. Within ten

minutes after the raiders had entered the offices the lawyers were on

the spot. They were denied admittance and had to content themselves

with waiting outside the door until the prisoners were taken out.

The moment the lawyers left their offices I began to use the 'phones to

provide for the release on bail of the men arrested. I found it

necessary to go in person and so I left the lawyers' offices and walked

down Broadway. My attention was attracted by the clanging of the bell

of the police-patrol wagon. As it wheeled past me on the run I could

see my associates huddled together in the Black Maria on their way to

the bastile.

For the moment, I lost full sense of the gravity of what was

transpiring and was overcome by a feeling of joy that I had been spared

that ignominy. That self-felicitating slant of an intensely serious

situation passed. My associates were in trouble and it was up to me to

help them. I was at large and I knew that I could do more for my

friends and myself by not immediately surrendering.

I returned to the lawyer's office, where I remained. All this time the

thought never entered my mind that we were in any sense guilty of any

intent to defraud anybody, or that we had committed any offense against

law or the rules of fair conduct. The one consuming and controlling

idea in my mind was that somebody had put one over on us and that it

was up to me to organize for defense against the abominable outrage.

What transpired behind the closed doors while the Scheftels lawyers

were attempting to gain an entrance for the instruction of the

corporation, its officers and employees as to their rights, beggars

description. Gentle reader, you would not conceive the reality to be

possible. Armed with a warrant which conferred upon him the right to

arrest, seize, search and confiscate, the Special Agent of the

Department of Justice had secured from the local police headquarters a

detail of fifteen heavily armed plain-clothes men.

Once inside the Scheftels establishment, the doors were locked and

egress barred. The main body of invaders then took possession of the

front offices, while others searched through the back rooms and

boisterously commanded everybody to remain where they were until given

permission to depart. The establishment was under seizure, every foot

of it, and every person found within its doors was held prisoner. The

Special Agent took pains to impress upon everybody within hearing that

he was in supreme command. Leaving police guards in the front room, he

stalked into the telegraph-cage where two or three operators were

sitting at tables.

Pressing the muzzle of a revolver into the face of Chief Operator

Walter Campbell--a quiet and inoffensive man--the Special Agent

commanded:

"Cut off that connection!"

Mr. Campbell didn't at first see the gun because it was pointed at his

blind eye. When he got his first peep he concluded that a maniac had

invaded his sanctum and he almost expired with apoplexy on the spot.

Returning to the front office, the Agent entered the cashier's cage and

took possession of the company's pouch containing its securities.

He gave no receipt to any responsible employee of the Scheftels company

for anything. When Mr. Stone, one of the cashiers, suggested to him

that he was there to safeguard the securities, he thundered,

"Come out of there!"

"What authority have you for this?" demanded Mr. Stone. The Agent

thereupon showed his badge.

A moment later one of the deputies pried open the cash-drawer. The

Special Agent was at his elbow.

"Oh, look what's here!" cried the deputy.

Thereupon the Agent of the Department of Justice impounded the contents

of the cash-drawer, without counting the cash, checks, money-orders,

etc., or giving any member of our firm a receipt for them.

Turning to the Scheftels officers and employees who had been placed

under arrest, he ordered them removed from the room.

It was about as raw a performance as was ever witnessed in a peaceful

brokerage firm's banking-room.

Bookkeepers were ordered to close up books. United States mail in the

office was impounded, including mail that had been received in the

office for delivery to others.

The Scheftels employees were commanded to stand in their places with

arms folded. The desperadoes among them--those for whom a warrant had

been issued and who had been jerked out and huddled together in the

outer room--were then searched for deadly weapons. One penknife and the

stub of a lead-pencil were found on their persons. The deadly knife was

hardly sharp enough to serve the purpose of nail-manicuring. Not one of

the men under arrest would have known how to use a revolver if it had

been placed in his hands.

The men taken into custody were: Mr. Scheftels, aged 54, quiet and

inoffensive, rounding out an honorable business career without a

blemish of any kind on his character or standing; Charles F. Belser,

one of the cashiers of the corporation and a 32d degree Mason, who

never before in his life had been so much as charged with the violation

of the spirit of a minor ordinance; Charles B. Stone, aged 60, another

cashier whose sons and sons-in-law had served their country in the army

and who, himself, was as peaceful as a class leader in a Sunday-school;

John Delaney, Clarence McCormick, William T. Seagraves and George

Sullivan, clerks of the establishment, who were as likely to offer

resistance that would require gun-play to combat as were a quartette of

psalm-singing children.

Mr. Scheftels protested in a dignified and self-respecting way against

the brutal demonstration. He asked to see the authority for the raid.

This was refused until after he and the other desperate characters were

collected in another room. His demand to see the officers' warrant was

met by a vulgar exclamation from the Special Agent, to the effect that,

"If you don't shut up, we will put the irons on you! If you are looking

for any trouble, you ---- ---- stiff, you will get what you are looking

for!"

The absurdity of the armed invasion appealed to everybody but the

ringleader of the raiders. It was a ludicrous situation from a service

viewpoint. There had been no time up to the moment of the raid when a

single man armed with proper authority could not have accomplished with

decency and in good order everything and more than was done by the

"rough house" and brutal invasion of the armed band.

Private papers were grabbed and bundles of certificates of stock,

packages of money, checks, receipts and everything that came in sight

were carried away. No complete record was made at the time of the raid

of the documents and other valuables seized. The temporary receiver for

B. H. Scheftels & Company, before his discharge later on, was able to

gather together and take an accounting of part of the seized assets of

the corporation, but I have no doubt that many thousands of dollars

worth of securities and money were hopelessly lost.

When the wreck was complete the prisoners were driven like malefactors

out of the front entrance, down the steps and loaded into the Black

Maria. Five thousand people witnessed the act. The prisoners pleaded in

vain to be allowed to pay for taxicabs to convey them before the United

States Commissioner. They urged that as yet they had had no hearing and

were innocent in the eyes of the law, and until convicted of some

offense they were entitled to decent treatment. This request was

refused. The delay in the start to the Federal building was just long

enough to give the dense crowd that had filled the block time to insult

the victims of the atrocity to the fullest extent. Friends of the

arrested men boiled over with indignation and several fights occurred.

Men were knocked down, trampled upon and the clothing torn from their

backs in the desperate mêlée. The scene was disgraceful.

An army of newspaper reporters, attended by a camera brigade, were on

the spot and snapshotted the prisoners as they entered the Black Maria.

With bells clanging and whips lashing, a start was made up Broad Street

to Wall. Then the vehicle turned up Broadway and ding-donged on to the

Federal building. There the men were arraigned. Bail aggregating

$55,000 was demanded. Later several of the men taken into custody in

this brutal manner were not even indicted.

Called upon to identify the prisoners, the Special Agent of the

Department of Justice was unable to point out any of them except Mr.

Scheftels. A stenographer in the employ of the corporation was forced

to single them out.

The warrant proved to have been sworn to by the Special Agent and had

been granted on his affidavit that the corporation had committed crimes

against some few of its customers. Two of them have already been

mentioned in this article as Slack and Szymanski, whose statements had

been furnished to the attorneys of the _Engineer & Mining Journal_.

From the Court House to the Tombs, the Scheftels desperadoes, in

shackles, were escorted up Broadway. Later in the day when bail was

ready and the prisoners were sent for, they were handcuffed again and

marched in parade up streets and down avenues of the densest section of

New York City.

I had worked all afternoon in the lawyers' offices with one object in

view, namely, the securing of bail for the imprisoned men. I succeeded.

I now got busy with my own bail, the court having fixed it in advance

at $15,000. In the morning I walked from my lawyers' offices to the

Post-Office Building and surrendered myself, being immediately released

on surety which was waiting in the office of the United States

Commissioner. As I left the building I recognized scores of Scheftels

customers. Several grasped my hand.

My indignation grew as the circumstances came up under review and I had

time to connect and collate the facts. Gradually the whole truth

revealed itself. I can relate only part of it. The full, detailed story

would extend itself into a volume, and the space here at my command is

limited. I learned that from the moment the Special Agent had been put

on the scent with permission to put us out of business he had never

slackened his effort to turn the trick.

His efforts attracted the attention of sundry newspaper editors with

Wall Street affiliations and also enemies generally who hastened to

coöperate with him. His office as a Special Agent of the Department of

Justice gave to his statements weight which would not have been given

to them had he as an individual sponsored the charges. His official

position imparted exaggerated importance to his statements in the eyes

of newspaper men, and, after the raid, to the public.

A person whom we shall characterize as the Tool now appears on the

scene with alleged information which he placed at the service of the

Special Agent to back him up before the Assistant United States

attorneys in New York with testimony since recanted over the signature

of the false witness.

In the preceding chapter I called attention to some of the atrociously

false statements that were published on the day following the raid. I

gave only an inkling. The newspapers declared that Ely Central had cost

the Scheftels company 5 cents per share, that the capital stock was

over-issued, and that the property was worthless. Jumbo Extension,

which has since distributed $95,000 in dividends to its stockholders,

has still a treasury reserve of $100,000 and is selling to-day in the

markets at a share valuation of about one-quarter of a million dollars

for the property, was also described as a "fake stock." Rawhide

Coalition, which has produced upward of $400,000 in bullion, and which

is to-day recognized as one of the substantial gold mines of the Far

West, was labeled plain junk. Bovard, which represented an investment

of nearly $100,000 for property account and mine development and which

had been promoted at 10 cents per share on representations that it was

a "prospect," was stated to be a raw steal.

The Scheftels corporation was said to have got away with millions of

dollars by selling "fake mining stocks." It was also stated that I had

profited to the extent of millions for my personal account. The

Scheftels mailing-list was described as a regulation "sucker list,"

notwithstanding the fact that the principal names that were on it were

stockholders in Guggenheim companies.

The ringleaders were pictured as myself--"a man with an awful

Past"--and the "notorious character," "Red Letter" Sullivan. Mr.

Sullivan was styled as the facile letter-writer who had addressed the

"suckers" and hypnotized them, principally widows and orphans, to

withdraw their money from the savings-banks and send it to the

Scheftels sharks. "Red Letter" Sullivan was also referred to as a man

with a "Past."

The true facts regarding Mr. Sullivan's connection with the Scheftels

company were these: A few months before, he had applied for a position.

He was then employed as manager of a Boston stock-brokerage office. He

was awarded the job of time-clerk in the stenographers' department.

His job, while employed with the Scheftels company, was to see that the

stenographers reported on time, did their work properly and were not

paid for any services they did not render. He had little or nothing

whatever to do with the correspondence department. He never dictated

any answers to letters received by the Scheftels company. Never was he

employed in an executive capacity by the Scheftels company. We knew

little or nothing of the "Red Letter" title with which he had been

decorated. The first we learned of it was in the newspapers after the

raid. Investigation revealed that ten years before, while a broker in

Chicago, he had issued a weekly market letter which was printed on red

paper.

I have thus far not given space to one of the greatest wrongs connected

with this disgraceful proceeding--the wrong and damage inflicted upon a

multitude of helpless stockholders. While the Special Agent of the

Department of Justice and his armed followers were wrecking the

Scheftels offices and terrorizing the place, the Scheftels group of

mining stocks was being savagely raided on the Curb and enormous losses

were inflicted on the public. Thousands of margin accounts were wiped

out in less time than it takes to tell of the massacre. Declines in Ely

Central, Jumbo Extension, Rawhide Coalition and Bovard Consolidated

exceeded $2,000,000. This loss was distributed among approximately

fourteen thousand shareholders of record and as many more not of

record.

This large army of innocent shareholders was helpless. From such

species of confiscation the law affords no relief or recourse, except

actual acquittal of the arrested persons, in whom lies the confiding

investor's only chance for the market rehabilitation of his securities.

A TOOL'S CONFESSION

The signed confession of the Tool of the Special Agent, who appeared

before Assistant Attorneys Dorr and Smith at the United States

Attorney's office in New York, which says he gave false testimony, and

the voluntary statement of John J. Roach, a stock broker who was

employed by the now defunct firm of Frederick Simmonds, regarding the

relations between the Special Agent and that firm, while Special Agent

of the Government, reveal the weak foundations of the Government's

charges.

The Tool, prior to the raid, had been in the Scheftels employ. For a

few months he had been a traveling business-getter for the firm. Then

he was discharged. He associated himself with Frederick Simmonds, a

member of the Consolidated Stock Exchange. Mr. Simmonds was badly in

debt. The Tool had no money. The Agent, when he was trying to get the

United States Attorney's office in New York to agree that the

information collected was sufficient to warrant a raid, prevailed upon

the Tool to appear before the assistant attorneys and give testimony.

In this story the chief value of the Tool himself is that he has no

value. He made his statements against us to Mr. Dorr, assistant U.S.

district attorney. Then he gave me a statement, signed in the presence

of witnesses, recanting the statements made to Mr. Dorr. To this he

later added a written postscript enforcing his recantation. Then he

re-recanted and said that a large part of his first recantation, signed

by him and initialed by him on each page with his initials was false.

The reader is left to judge just which one of the Tool's three

positions is the one in which he tells the truth. It is obvious that he

must be lying in the two others, and it is not impossible that he may

be lying in all three--except that some of the stuff in his first

recantation, which he later denies in his second, has been verified

from other sources.

Here is the main point to bear in mind concerning the Tool,--the

sovereign power of seizure, search and confiscation brought into play

by our great Government without due process of law, was based in part

on the flimsy testimony of such a person. Thousands of investors

suffered from the blow, as well as myself and associates.

It would appear from the Roach statement that he was largely

instrumental in bringing about the crisis that resulted in the

suspension of the Simmonds firm and in the disclosures of the Special

Agent's relations therewith. These facts have become, in most

instances, matters of public record. They came out during the hearings

before the receiver for the bankrupt concern. It was found that the

liabilities of the "busted" firm were $85,000 and the assets 100 shares

of cheap mining stock and between $1,500 and $2,000 in cash. It was at

this conjunction that the Special Agent was allowed to resign from the

Department of Justice. The Tool he had foolishly used had proved to be

a two-edged one. The Agent had been "hoist by his own petard."

THE GUGGENHEIMS

Probably the most surprised branch of the Government at the time of the

Scheftels raid was the Post-Office Department. The crime charged was

misuse of the mails. Why, if the Scheftels aggregation were guilty,

didn't the Post-Office Department do the raiding? Why didn't it issue a

fraud order? The Scheftels company has since been declared solvent by

the courts and the temporary receiver discharged. To this day no fraud

order has been issued. Only a short period before the raid, a

presentation on the part of the Post-Office Department of all of the

evidence in the case had been met with a decision that there was no

ground for action.

That the Guggenheim interests did not fail to take advantage of the

plight of the House of Scheftels immediately after the raid finds

conclusive proof in the transpirations in the Ely mining camp. Soon

after the Special Agent descended on the Scheftels offices, an

application in Ely was made for a receiver to take charge of the assets

of the Ely Central Copper Company. The attorneys making the application

were Chandler & Quale, attorneys for the Nevada Consolidated Copper

Company, a Guggenheim enterprise. When the court appointed a receiver

he named this firm as attorneys for the receiver. Attorney J. M.

Lockhart for the Ely Central made a protest that these lawyers, because

of their connection with the Nevada Consolidated were not the proper

persons to protect the interests of the now defenseless Ely Central

stockholders. Then the court appointed another attorney, named Boreman.

Shortly after the receiver was appointed, he applied to the courts for

permission to sell to the Nevada Consolidated for $30,000, which

represented the entire cash indebtedness so far as the receiver knew,

the surface rights to a large acreage of Ely Central and the rights

through Juniper Canyon. This, if accomplished, would have given to the

Nevada Consolidated a railroad right of way that would have solved the

problem confronting it of the transportation of the ores from the lower

levels of the steam-shovel pit. Without such an outlet these ores could

not have been handled without great expense and much difficulty. The

benefits that would have accrued to Nevada Consolidated were almost

incalculable. At the same time, such action would effectually cut the

Ely Central property into two parts. According to the petition it was

stipulated that in selling the surface rights the Ely Central should

cede to the Nevada Consolidated practical ownership, because it was

specified that Ely Central could not interfere in its mining operations

with any rights granted. Attorney Lockhart of Ely Central fought the

receiver and his attorneys and won a victory. The Ely Central property

was saved intact for the stock-holders.

Later, an application was made to the court to sell the entire property

of the Ely Central for $150,000. This was believed to be in the

interests of the Nevada Consolidated. In answer, a petition was filed

to discharge the receiver on the ground that the court originally

appointing him had no jurisdiction. The court finally decided that it

was without jurisdiction, because neither fraud nor incompetency had

been proved, and the property had not been abandoned. The receiver was

discharged.

What has been the attitude of the Department of Justice since the raid

was made? Since the raid the Government has spent several hundred

thousand dollars to disclose sufficient evidence from the books to make

a case of any kind. One stand after another has been taken only to be

abandoned after exhaustive research for evidence to sustain the

original excessive pretenses. Grand Jury after Grand Jury has thrashed

over masses of evidence presented them. Armies of accountants have

worked day and night for weeks and months in an effort to substantiate

the action of the authorities who were led into the commission of a

grave wrong.

The charge that the Scheftels corporation sold fake mining stocks has

fallen to the ground. Government examinations of the properties have

revealed them to be all that they were cracked up to be. Careful and

industrious reading of the mass of market literature sent through the

mails by the Scheftels corporation has failed to disclose deliberate

misrepresentation regarding the potentialities of any of the mining

properties.

The Scheftels corporation transacted considerable margin business with

its customers in the stocks which it sponsored--Ely Central, Jumbo

Extension, Rawhide Coalition and Bovard Consolidated. If the Scheftels

corporation was run by rascals wouldn't they have been tempted

frequently to throw their weight on top of the market and endeavor to

break the price of stocks to wipe out the margin traders? Did the

Government find any evidence of this in the books? No. It found

evidence--overwhelming and cumulative--that on nearly all occasions the

Scheftels corporation actually exhausted its every resource to support

the market in its stocks and hold up the price in the interests of

stockholders. Evidence was also found in quantity that the Scheftels

company discouraged the practice of margin-trading.

The superseding indictment handed down by the Grand Jury late in

August, 1911, eleven months after the raid, eliminated the charge of

mine misrepresentation regarding the Scheftels promotions and reduced

it practically to one of charging commissions and interest without

earning them.

Not less than 85 per cent. of the total brokerage transactions of the

Scheftels corporation were in their own stocks, and at nearly all times

in the Scheftels history it had on hand, put up on loans or in banks

under option, anywhere from three million to seven million shares of

these securities. It actually bought, sold and _delivered_ in this

period over fifteen million shares of stock!

As already stated, the Scheftels corporation made it a practice to sell

stocks on the general list as an insurance against declines in the

market which might carry down the price of its own securities, and

this, in the finality, was what the Government, after the expense of

hundreds of thousands of dollars and the employment of the wisest of

counsel, was compelled to tie to in order to justify in the eyes of the

great American public the use of the rare power of seizure, search and

arrest and of its denial of a prayer for a hearing to the victims which

was made before the arbitrary power was used.

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