At 9am on Saturday, October 28, 1961, the extraction operation at Victorio Peak was in full swing under the direction of Shinkle and under Leland Howard’s sanction and directive. On that day, Shinkle’s Operatives were caught red handed. Otero County Magistrate and Municipal Judge Robert H Bradley, RB Gray, noted Levelland, Texas County Judge Hulon L Moreland, and Ray D Bradley witnessed the criminal activity up close.
In signed, notarized affidavits of November 6, 1961 each man swore that he had seen White Sands military personnel and at least one civilian in the process of accessing the Noss Treasure.
Judge Robert H Bradley:
I proceeded to the old Noss mineral claim, past the improvements, and saw a military Jeep number 0987057. On proceeding further, I saw another military vehicle, which is commonly called a weapons carrier. There I saw two additional men, one dressed in a Levi Jacket and a red sweatshirt, the other dressed in Army Fatigues. I could still hear the motor running and saw shoring timber and line poles, which were all cut to 4 and a half to five foot lengths. All this material and activity was located in the area of the old Noss mining claim. I also saw two light plants (generators), one of which was running and had wires running from the machine, the other machine was not running. The military Jeep numbered above was a military police vehicle with a red light on the hood. It had a two way radio set in it.
-------------JUDGE ROBERT BRADLEY
R.B.Gray:
One of the men was a Captain in the military. This captain told me to leave before the colonel arrived and asked us what we were doing there. I saw several 5 gallon GI gas cans, walkie talkies, mining wedges, and timber. I also saw light plant cables running into a cave. The Captain said the area was classified and that he should have taken them in. That there were four Air Force Personnel and four Army Personnel at the mining site, and that any responsibility for working the mining claim would have to go to his superiors, a major and a colonel.
---------------R.B.GRAY
Judge Hulon L Moreland:
That Saturday, October 28, 1961, at approximately 9am, I, together with three other men, was at the rim of the Hembrillo Basin and saw two men on top of Victoria Peak. I heard a motor running that sounded like a Caterpillar motor. I proceeded past the old Noss Claim, past the improvements, and saw Jeep number 0987057. I saw another military vehicle ………. A weapons carrier. I saw shoring timbers and telephone poles cut in short lengths.
--------------------- JUDGE HULON L MORELAND
Ray D Bradley:
There appeared to be a space which had been cleared off, which was about four feet by six feet and eighteen inches deep. The Captain and one other man I took to be a civilian, were working in the hole with shovels.
Captain Swanner said that any responsibility for working the mining claim would have to go to his superiors, a Major Kelly and Colonel Gorman. I was there at the time they were there. I talked with the captain, he may have said that the responsibility for working the project, rather than working the claim. The Captain said that he was under orders for the work.
-----------------------RAY D BRADLEY