New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-16

acting FOX his firm and their associates and this dsfepd
ant. Of the following tenor: That this defendant would
sell said irm Of Coates Hankey Onshalf Of said EmIaa
Mine and property fcr the sum Of 100000 sterling
and n the purchaser so desired this defendant would
unite with them In the formation Of temporary eou,
pany 10 which tho entire mine and property should bs
conveyed, upon condition that the entro expense Of
a Hankey, aud their associates and principals and
that this defendant and his associates should receive
oneba the stock Of such conn any IN for te
remaining half Of said mine ana mining property And
IL was further agreed tnat Onc more min.
Ing epsnfG a5oy Should forthwith fh'G examine S sd
mine and report the results OF such examination them
and suca sale was made subject TO such examination and
report thereon that said Coates Il Hankey scIected
for these purposes Prof BENJAMIN slman Of Yale Of.
Ip9e NewlIaven Conn that this defendant bal move,
seen said sIlman did not suggest his name 10 said
Coates & Hankey, and neither himself nor any one in
in behalf Of any other person connected with
said Emma Nine had ever had any communication with
ssiJ 9oafcs Ills defendant communicated with The a.
PENDANT Baxter informed him OF the selection OF the said
said slnn OF his nomination aud request him 70 mako
an examination Of said mine and report the results Of said
examination 10 said Coates q hankcy'
TIE REPORT or PROF.. srLLIMAN.
That IL WAS special condition Of said agreement tina,
the report OF said Prof siman should be made 20 IN,
said Coates Hankey and not TO this defendant hs
associates. This defendant upon information and be.
lief AYERS that the defendant Baxter, pursuance OF
this defendants said request, did agree with said Prot
suliman to make such examination aud report That thu
Silliman was that he should proceed 10 Utah, maks
n professional examination OF said mine, and relof,
thereon to The said Coates H0nkey, for which service
this defendant and his ass0cates would pay him proper
and equitable compensation. That neither this defend
ant, said Baxter nor any person IN tltlr Dea
agreed 10 Day said hllmn any thing whatever cOntn-
gently as stated in fOos 81 and 50 Of said complaint;
Dor WAS ever at any time any promise agreement
understanding with SAID sillnall tla MS e0mpcusb
ton should III any wise depend upon the nature 81 bis 70
port contingent on tne sale OF SAID niue Ia England
or tho price received therefor as stated IN said COM
And ave hat sttd Phi
Slman afterward, and upon the Application oi the do
icndlt baxter, and uDaccOmpaled Dy any 81 the sad
owners urmeerd To Utah and made examination Of
said iuc, and having completed SAID examination tran
nntted his report thereon rom oIm 70 $40 oates
by Coates ~ Iiahkoy, who notified tins De
they tnereupon considered tue purchase Of and
mining properly completed all before thls defendant
hui any knowedpe whatever OF the contents Oi said m
port xcapt as derived from said Coajes & Hankey's
statement that the Same was satisfactory Ana this 90
PENDANT AYERS that the SAID ollnan III making such ex
and report was in fact and In law the agent
of said Coates d Halkey ana ther Asso
cates, aud not OF either OF tat S defendants
in anywise bound by or responsible for,
IN lay or in equity any OF Sne fb dS o. ss o
swerng on best knowledge and Information,
mat e examination 50 mAuo was as tJOrUugh and ei.
Gent it possible to make the same at the time and
place it made and that every fact aud sia.s
man 70 bs true and was fully sustained by
the condition Of the mine at tne tim.
of said examination; that e snch examt
faith with single purpose OF informing the said
Coates IIankey Of the then true ana Tel eondo.
believed said report To be IN all respects true IN zen
cral ana IN 1Glail ann gu Inc ma i rs mr., ~ sg
mine tended to support and uphold all the CONCLUSIONS d
saId report and the facts therein stated.
BARON GRANTS PART IN THE MATTER.
That thereupOn this defendant claimed that said Coates
& Hankey should carry the agreement for the puF
chase Oh their part that they requested this defendant
to have an interview with Baron Albert Grant named
said complaint; that this defendant had at that time 10
acquaintance with said Grant, but was Informed by sad
Coates q Haukey that he gentleman Of great nao
cia influence and wide acquaintance in England, wis
possessed the confidence OF moneyed men. That
ths defendant consented thereto, and wa
so introduced to said Grant, who proposed
this defendant 10 carry into effect the arlTnscmen
already made with Coates Hankey, with some mOdf
avoid any further delay on the part OF said Coates
Hankey, tie said defendant, In behalfOf said 0wnes
consented such modification, and said Grant PROCEEDED
" tro,rG aread that tbe nmbeT 81 direcors Of
sad proposed company should be nine; and said Grant
proposed that the vendors. who weF3 to retain 0ne-I
the capital stock should be- represented In said Board
tn4 defendant the said Baxter Il stewart and SAID
Grant and Coates Hankey theFeupOn seiees
relna Mn six members Of said Boarn, 70 wiz;
forge Anderson, esq, ~ B thG MN anna
and all OF the Parliament OF Great Britain and
lrelandG aud Percy Doyle, esq, and the Hon john g
ton, also OF the City OF London and the Hon. Robert
schcncK, United States Minister IN Londyn and the
plaintiff company was organized with said persons a.
directors thereof
And this defendant AYERS that when the said arrange
ment with said Grant was completed he delivered to said
statement OF all the silver produces
by said mine from fully 1870 to the first day OF eoptcn
ber 1871 that from said statement IL appeared a.
fact was that all said after the first Of October 1870
had been forwarded to said cOnsignees and sod IN En-
gland except about $50 tons thereof which had been sold
at salt Lake that the persons so named AS directors
the plaintiffs Ompany Other than these defendants AID
said before or oeTE s t S asreo
insisted that the account OF such product and
sale should be examined and verified by account
ants of their own selection that this defendant
assented thereto and agreed with said directors that hs
books or said cOnsignees by dsnter
accountant the entries therein verified and astae
ment in detail prepared therefrom showing all the ship
expenses attending the shipment and SALE the sales OF said
and all other facts necessary TO establish the quae
the quantity OF in transit from the mine 10 said con
snees, of which they had already been advised, TO the
end that the best and most reliable evidence should be
placed I'D tho hands OF the purchasers value Of said
mine, and Of its past history and product.
STATEMENTS OF TIE PROSPECTUS DEFENDED.
This defendant further says that the said directors I'D
before said prospectus issued. have All examination
made OF the books Of the said consgnees b. cOmpcteu
accountants aud statement made, in detail, OF the sales
OF from said mine, by said consignees
and Of the quantity and value Of the ore
transit and Of all other facts shown by said books from
which statement among many other details. shoWlns
the entire product of said mine from about the -
poared that there mad received by the said levs
eo " 1916 o4 and f rRe 5t i5 i S1 be- yen Er 6Tss
the value Of e7S sS4 sterling, and by Bath SON. nos
2yth October 1870, 10 l5D July. ISL, like silver orc
of the value OF &8i70 sterling, equal 10 about tue sun
OF 100000 in United States gold COIN and that tlen
had beon in like manner produced by said mino' h
Warded and sold by said consignees. between 20
Atril and LIST sPLem6er ISL IKE silver ores ety. moi
including the Value OF silver ore then raised sn
sacked at said mine, III transit 10 sald cos
signees OF the value Of about $2i3.O00 United etaS
gold coin. That this statement prepared IN Ie. AZ
Showing each shipment, It's rate, and the expensc
thereof That tiere added 10 said statement w,
OtAer evidence, item for 800 tons Of ole, w1len ~
been sold in Utah, at profit OF ten thousand ana nv
nils