The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1874-03-10

many material particulars is within my
personal knowledge.
In the summer of 1871, accompanied
you to Utah, to assist as counsel in trying
the case pending in the United States
court there. involving the title to the
to the mine. remained at Salt Lake
City about a fortnight, and during that
time visited the mine and made the ac-
quaintance Of many other visitors, both
scientific and practical, interested in min.
ing. who had been drawn there by its
celebrity know nothing about mines,
and can only state what | saw and heard.
The Emma was at that time being
worked by numerous force, day and
night, in relays. The material excava.
ted, and the quantity was very great,was
conveyed by wagon to Salt Lake City.
thence by railroad to New York, and by
steamer to Liverpool, where it was sold
to the smelters by commission merchants.
The operations of the mine, which were
very extensive, we're open to the public
and were seen by hundreds Of people.
The inhabitants of that section of the
country are largely engaged in mining.
There was therefore no chance whatever
for either misrepresentation or conceal.
ment, as to the character, quality, or ex.
tent of the work at the Emma.
heard but one opinion expressed
among all those conversant with mining I;
and that was, that the yield of the niue
was almost without parallel, and that ev.
cry indication Of permanent vein exist.
ed, that science or practical experience
had yet discovered.
With the subsequent negotiations for
the sale of the mine 1 had nothing to do.
except in making assurance to the pur.
chasers of the validity of the title, and
the conveyauccs. But happening to be
in London, in May,aiter the sale. l knew
from the parties there. as we'll as from
yourself and your associates, that it was
made, not upon presentations, but up IN
full and exact evidence of the quantity
and value of the actual product of the
mine from the time it was opened to the
time Of the sale. The books Of the com.
mission merchants in England who had
sold the ore showed precisely its amount,
its value and its profit. And this show.
ing was the basis Of the purchase. In
addition to this, three separate examina.
tions Of the mine were made by the Eng.
lish purchasers themselves. The first in
October, 1871, by Prof. Slliman, en-
ployed by them for that purpose tho
next in February, lS72,by Mr.. Willyams,
one of the English directors, aided by
experts selected by himself, and the third
in July, 1872, by Mr.. Stanley, another
English director. The reports from all
these examinations went considerably be-.
yond the representations of the sellers
10 October, 1872, was again in Lon.
don. Some twelve months had then
elapsed since the sale of the mine. The
stock had, believe, remained during that
time at considerable premium Except
during temporary depression caused Dy
the inroad Of the Illinois tunnel company.
mentioned in your letter,) and had paid
monthly dividends of one and half per
cent. then learned from Mr.. eager,
your agent that your interest in the
stock had been closed out in June previ.
Gus. But that on both your subsequent
visits to Utah, in July and in October,
you bad written him expressing greater
confidence than ever in the permanepco
of the mine, and directing large purchas.
es Of the stock for your account, which
he had accordingly made at considerable
premium. do not believe, and should
be much surprised to learn, that any re.
spectacle person 10 London who was con.
cerned in the purchase, has ever attribu.
ted o'you or your associates any but the
most honorable and straightforward con.
duct in all parts Of that transaction. AS
late as October, 1872, when left Lon
don, their expressions toward you were
very cordial and flattering.
They had in the purchase complete
assurance on every point except the dura.
tiou Of the deposit. As to that they had
all the evidence that could possibly be
afforded. They well knew that certaint,
on that point was not within the range Of
human foresight, and made the purchase
subject to the risk that attends all mining
speculatious. ;
Very truly yours,
Il. }. PHELPS.