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Message: <blockquote data-quote="Silver Moon" data-source="post: 1976373" data-attributes="member: 8530">Chapter 82, “The Fisk Mountain Mine,” January 10, 1882:Kate went up to her room and closed the door. She quickly got out of her riding clothes, pulled out a soft gray dress and laid it across her bed. The braid in her hair had kept it from getting tangled, but she still brushed it carefully before pinning it up. Tom had always called her his little dove when she wore the Grey. Strange how Mr. Gonzales also referred to her as a bird, although he did not refer exclusively to her that way. She buttoned the ruffled white blouse, pulled on the jacket and buttoned it snugly around her waist. She then reached back into the pocket of her riding jacket to pull out the slim metal rod. Katherine closed her eyes as she felt the smooth rod in her hand. It seemed so harmless. Just a piece of metal. Jake had warned her that she would need a way to stop trouble, and he was right. But it frightened her how easily she had used it. There had been no other option, but that didn't ease her mind. She walked over to Tom's picture and ran her finger along the frame. "What do you think of me now?" She sighed and went to Mr. Gonzales room. As she returned the rod she explained that she could not stay now, but would return after the court sessions to just talk, if he didn't mind. Then she went downstairs on her way to check on the Marshall.Kate arrives in the lobby of the El Parador and is surprised to see two familiar faces, namely Adam and Ben Cartwright. Ben Cartwright looks to be in excellent health and has a sparkle in his eye that wasn’t present before. They stand and approach her, Ben saying, "I wanted to say goodbye. We'll be heading out from the Lazy S Ranch later this morning. I wanted to personally thank you for your assistance and invite to you visit my Ponderosa if you’re ever in the area of Virginia City.”   Kate answers, "You're very kind, thank you. I'm not certain how much assisting I really did, but things came out well in the end. Keep your eyes open. We've seen the two that got away since, and they are holding grudges." Adam says to Katherine, “There’s still one more thing that the Apache would like from you. That Knowles guy told them that Curly Bill Brocius was wanted and that his body would be worth some money. They sent it back with us. We didn’t think riding into town with a body was a really good idea so we left it out with your dwarven friend. Here’s a list from the Apache of supplies they’d like you to buy for them with whatever you get for the body.” Adam hands over a list, which reads: “Salt; Steel sewing needles; Steel hunting knifes or knife blades; Metal nails; Copper tubing, Iron frying pans; Ammunition for Springfield Army rifles.”  She says, "This shouldn't be any trouble, although I don't know where we'd have to take the body to get the reward. Did they ask for anyone specific to bring these things out? I know they are very careful with who they allow on their land."He answers, “They said that your Indian friend, Nantucket I believe, would take care of that. Kate laughed softly. "Nanuet, yes. I'll take care of these things as soon as I can. There's no need to wait until we take the body in. I have some money, and if we get more than I expect I can make further purchases to match the difference later."  She offered her hand to Ben and then Adam. "Safe journey to you. It was a great pleasure to meet you; one I hope to have repeated." Kate exchanged a few more pleasantries with Ben and Adam Cartwright and saw them on their way before she hurried across the street to the Great Western Boarding House. She went inside and looked for the proprietors. Nanuet intercepts Kate and the Cartwrights after he is finished taking care of the horses. After the morning's ride he was very thorough with their care.  "Greetings again Cartwright men, and Ms. Kate." He holds up his right hand in a greeting. "What brings you back here to Promise City, and Miss Kate, where is everybody heading?" Ben Cartwright replies "We're on our way back to the Lazy S Ranch and then on to Nevada. We just came to say goodbye."  Adam adds, "The Apache have one more task for you to do. I've explained it to Mrs. Kale. It was nice meeting you Nanuet." Kate says, "They'd like us to use the reward money for Bill Brocius to get them some supplies." Kate handed Nanuet the list. "It shouldn't be any trouble. I'm going over to check on Marshall Earp just now. You're welcome to accompany me." Back at Lacey’s store Ruby asks, "So you never answered my question then, are you a judge or did they just name you after your grandfather?" He says, “My Grandfather was indeed a Judge. My father was impressed with the degree of respect people gave to him when they heard his name and decided to name me that. Personally I’m glad that he did since it has helped my career as a merchant. When they hear the name ‘Judge’ people automatically assume that I am an honest man and will give them a fair deal, which is true so I don’t mind them thinking that. So I named my son Judge for the same reason. He’s a really good boy, makes a father proud. A few years ago he settled down in a logging town up in northern California. Last year the town had grown so big enough that they decided to incorporate and needed a judge. The town elders approached my boy and offered him the job due to his prior experience. He explained that he had never been a judge before, it was only his name. They pointed out that he didn’t have to tell them that and his doing so was a testament to his honesty, so they gave him the job anyway.”  She replies, “"That is an impressive story. You must be so proud to have such an honorable son." Ruby says, "$45 huh? Do you maybe have a nice hat to match the dress? Or maybe a black one will do. What do you think? Also, I'd like to get something nice for my friend, the one who left the money. Any ideas?"   He says, "Well, I usually suggest books but I'm not sure if he is a reader. I know, he's a gambler right? Just a minute." He picks up a large metal box that was hidden under the counter. He takes out a key ring and unlocks the box. He then opens the lid. Ruby can see that it is filled with jewelry of various kinds as well as other items made of silver and gold. He takes out a small metal silver case, five inches-by-three-and-a-half-inches-by-one inch. He opens the lid and she sees that the inside is lined with red velvet. "Made to hold a deck of cards" his is comment.  He then adds "Feel free to look though this box for anything that might look good on you. We'll spend that hundred in no time." Ruby doesn’t have to look long at the card case. “I’ll take this for sure,” she says rubbing her hand across it. Ruby does look through the box to see if there is anything she would like. She is used to men giving her meaningless jewelry and for once she would like to get something that was special. “Forget thinking like that,” she tells herself as she shakes her head. “No that’s all, Mr. Lacey. And I have to get going, as you can tell I have to get a bath before the trial.”  Lacey charges her an even $ 60 for the purchases, even though Ruby is sure that the silver case is probably worth more than $ 15. He hands her the change and says that he will see her at the courthouse. “Thanks, Mr. Lacey.” She picks up the packages and stops at the door. Looking over her shoulder she smiles at him, “And I can’t wait for lunch.” Next door at the lawyer’s office, Berg slides some papers over for Jake to read. Jake hands Berg the documents the two miners had signed giving him agent rights. He then concentrates on reading the document that Berg gave him to satisfy that his instructions were followed clearly. While reading he says to Fisk, "You are a fortunate man, Mr. Fisk. I had the opportunity to see the claim this morning. I believe you will be very pleased with it's output." Jake pauses to read some more. "Unfortunately, Marshal Morgan Earp was not as lucky this morning. But he is a strong man perhaps he'll survive his wounds." Again Jake pauses to read without comment. Then, "Heh, I'll bet Wyatt is hopping mad already. I feel sorry for whoever cause this mornings little problem." He continues to read while watching for any reaction from Fisk out of the corner of his eye.The door to Berg's Law Office suddenly bursts open and Zack Morand enters followed by Patrick Seawell. That Zack is angry is obvious based upon the look on his face although anyone who missed that would know from how hard he slams the door shut behind him. He marches over to Fisk and says in loud voice, “Fisk, you’re the only one other than the Marshall and those on the stagecoach who knew about the early morning run out the mine site. All of us were nearly killed and the damage to my company’s equipment will cost several hundred dollars in repairs.” Fisk begins to state that he has no idea what Morand is talking about.  Morand interrupts him and says, “I’m sure that a snake like you has already covered your tracks. I may not be able to prove that you were responsible but I know it in my gut. The Morand Cartage Company has no interest in working directly for you and I’ll make sure that no other cartage company in the county will either. We’re a pretty tight bunch.” He turns and starts to head towards the door, then stops and looks at Jake, Seawell and MacNaulty and says, “You guys on the other hand I’ll be more than happy to work for.”  He stops and ponders for a minute. Instead of leaving he then walks back to the table and takes a seat, commenting "Maybe I'll stick around a bit longer if you don't mind Mr. Cook."Jake says, "Mr. Fisk, Mr. Berg, if you will excuse us for a moment I would like to talk to Misters McNaulty, Seawell and Morand outside. We seem to be at an impasse of sorts. I'd like to see if there is still any possibility of an agreement of the parties today." Jake pushes his chair back and leads them outside, being careful to close the door behind him. As the group leaves the office, they see Chester standing at attention like a sentry. Gamely, since he's trying to handle the rifle and the shotgun. "Meeting over yet?" He calls out cheerfully.Jake asks Morand for a quote to move the ore working for someone other than Fisk, and to include enough extra for security. Morand says that they normally charge $ 4 per 100 pounds for every 50 miles traveled. Based on that and estimating one ton per wagonload of ore, that would be $ 16 per ten-mile round trip, but adds that this particular road is rougher which would be harder on the equipment and with the need for added security you'd almost have to double that estimate. Next he asks Seawell and McNaulty to estimate what percentage of costs the transportation would be relative to what is left after processing. Jake explains in other words, what percentage ownership of the mine is break even of the costs.  MacNaulty does some quick math. Figuring a very conservative one-percent yield to the ore, that would mean twenty pounds of silver per load, which at SilverBell's pricing would still be around $ 800 per load after processing and assaying costs. Each of the four miners would therefore get $ 80 per load and Fisk would get $ 480. Transportation and security costs would therefore amount to around 4% of the total. Seawell says that he estimates the percentage yield to be much higher so that transportation cost percentage being a fixed cost per load would be much lower. Jake asks if they would they be interested in proposing transferring additional share of Fisk's ownership to the four of them, any one of them or a new partner?” They like the idea. Morand says that as tempting as becoming a mine owner is he meant what he said about not partnering with Fisk so he'll pass on being a part owner. But he does like the idea of steady work for his business. MacNaulty says he would not be opposed to Jake becoming a partner but he'd have to give some serious thought to anybody else. Seawell indicates that he'd actually rather have somebody new than increase his own share if that meant he didn't have to personally worry about the headache of security, as the paranoia of the last three days is something he'd rather not have to deal with on a day-to-day basis.  Meanwhile, Chester just stands there on guard taking all of this information in.Jake leads Misters McNaulty, Seawell and Morand back into the office. "As things stand there is no deal. I am sorely disappointed. No one appears willing to take on the risks of transportation." Jake shifts in his chair and looks at Fisk. "I have a proposal Mr. Fisk to start the silver ore flowing. You sell me a nine- percent share of the mining rights for a dollar and the contract stipulates I am responsible for transportation. You retain majority ownership at fifty-one percent and are free from the headaches of operation. That starts the ore moving today, everyone goes to work immediately, and gets you a step closer to your larger aspirations." Jake pauses for dramatic effect. "Unless you think it is wiser to hold on these negotiations and we can all help Marshall Wyatt Earp with the investigation."Fisk says, "Nine percent appears to be rather steep just for transporting the ore." Morand speaks up next and says, "Not really, we were just discussing this outside." He then repeats what he and MacNaulty had discussed almost verbatim, except that he halves the yield to one-half of one percent, which then has the effect of reducing the dollar estimates by half and raising the transportation and security estimates to 8%. He says "So what Mr. Cook is essentially suggesting is that he retain only 1% for himself as a management fee. He might not even get that if today's trip is any estimate of the security problems we might encounter."  Fisk remains silent."Mr. Fisk," Jake looks him eye to eye. "I am making an offer to relieve you of a significant risk. Of course at a cost. I believe it is a minimum cost given the risks involved. And of course all of you would have another person who would be interested and active in keeping the ore flowing. I think all of you wish to see the ore flowing, and good working relationship among the partners. I know you are all troubled by today’s events, but I think getting an agreement signed will be a good distraction and will take steps to build a fine working relationship. Do we have an agreement Mr. Fisk?"Fisk still hesitates and says "Nine percent still seems steep to me. Maybe I should get my own geologist to estimate these ore yields." Seawell then speaks up "Mr. Fisk. Let me refresh your memory. I am Patrick Seawell and my father is Colonel Charles Seawell. That name may mean nothing to you, but ask Elton Hubbard about him, he is well known in the mining industry. My father served with the United States Army Corps of Engineers for over thirty years, retiring a few years back with the title of Chief Geologist of the United States. Mr. Fisk, I was born on an Army base in California shortly after the California Gold Rush. My father's job was to assess and estimate the potential of finding precious metals on U.S. Government Land in order to determine a fair price. He was very good at what he did and taught me everything he knew. I lived for two decades in California learning everything there was to know about finding gold followed by another decade in Nevada helping my father to find silver. I was the one who chose Fisk Mountain as the best site in this area for silver and I have now been proven right. In fact, I was the one last Friday who discovered this vein, otherwise we would not be sitting here. The reason that I tell you all this is that I've heard that you are a gambling man, and I'd like you to now prove it." "I don't know what you're getting at," Fisk Comments. Seawell states "Well, about two months back, when we still hadn't found anything on your mountain I began spending all my free time investigating other potential sites in the Dos Cabezas and Chiricahua Mountains. It took a while but I found this." He reaches into his pocket and removes a piece of granite, tossing it across the table then says "Mr. Fisk, those sparkles you see aren't silver, they're gold, a more valuable commodity than silver." He then takes a canvas bag out and passes it over as well. "Inside that bag are processed gold nuggets from that site certified by the County Assay Officer Joe Reiser. They are valued at $ 50. You may keep those Mr. Fisk, they belong to you. When I checked the County Claims Office I discovered that the place where I found them was another plot of land that is owned by you." Fisk just examines the slip and says "So what. I bought the land that I thought would valuable to me. You just proved me right." Seawell states, "Yes, and according to the claims office you've bought up over a hundred plots of land totaling close to a thousand acres. I can assure you that without my help it will probably take most of your life and a considerable investment for you to ever find the gold. What I am proposing is this. I am so confident of this new claim that I'm willing to sign over my entire claim in the Fisk Mountain mine to Mr. Cook here for his transportation and security services, provided that you are willing to sign over half of your interest in Fisk Mountain to my other three partners. That would still leave you with a 30% share of the profit . That would be $ 120 in your pocket for every wagonload of ore processed from that mine with an investment of time from you of absolutely nothing. You and I will then go fifty-fifty on the new claim that I found. Sure, you can try to find it yourself, but I'm offering you 50% of something rather than your 100% of nothing. So I'll repeat Mr. Cook's question, do we have an agreement Mr. Fisk?""Well that is an unexpected opportunity." Jake says to no one in particular. "I am still willing to take on the transportation responsibility with those terms. I doubt that Mr. Seawell is going to offer those same terms again. Time for a bold move. Cut the cards Mr. Fisk."Fisk looks at Seawell and says "How do I know this isn't just a trick to cheat me out of half my share? You could be planning to get a kickback from your friends." Seawell replies, "Have Mr. Berg draw up papers stating that neither me or my heirs will ever collect one cent from the Fisk Mountain mine. I'll be happy to sign it." Fisk then says "And how would the costs related to the new mine be divided?" Seawell replies "Same as the other, except we should probably reverse which one is responsible for extraction and which is responsible for transportation, since the cartage people won't work with you. The stamping and assaying costs would be evenly split based upon our percentage." Fisk thinks for a minute and says "I don't agree to fifty-percent each. You miners were willing to take forty. I'll agree to that for the new mine." Seawell says "I suppose I should try to compromise at forty-five percent for myself, but I'm not an overly greedy person, so I'll take the forty." Seawell then turns to Berg and says "Draw up all the papers based upon that effect." Berg says "How do I draw up papers for the new mine without knowing the location." Seawell says "Draw up tentative papers just specifying it as a Fisk-owned property. I'll reveal the actual location only after Fisk signs the tentative agreement in Judge Isby's presence. " Berg says "It looks like I have a lot of paperwork to draw up. Plan on all everyone meeting back here today at the close of business, say 4:30 PM, for the signing. I'll arrange for Judge Isby to be present as well as the Deputy Sheriff as a witness." Seawell adds "Oh, and while we're specific clauses about people and their heirs not inheriting anything, please make sure that the new mine agreement explicitly states that Mr. Fisk and his heirs will never be permitted to own any of my forty-percent share."  With that everyone gets up and leaves. Jake looks at the clock on Berg's wall and sees that it is 9:35 AM, still leaving him ample time to get to Condon's Bank.</blockquote>

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