The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-20
THE ENEMA MINE.
sworn Answer of II. Henry Baxter.

sworn Answer of II. Henry Baxter.
Supreme Court, CITY and County Of Ne,o
ork. The Emma Silver Mining Company
dimited) of London against 1renor w.
Park and II. Henry Baxter, implicated.
The answer OF II. Henry Baxter, one OF
the defendants, to the llnverified complaint
of the plaintiffs
II. Henry Baxter, one of the defend
ants above named, by Chittcnden & Hub.
bard, his attorneys, not waving the objec-
ton to the complaint herein, that said CON-
plant does not state facts sufficient to
constitute a cause of action, but expressly
reserving such objection, for answer to the
said complaint, saith
That he admits the corporation of the
plaintiffs, and the conveyance, on or about
the 18th day of February, 1871, by James
NJ. Day and others, to a corporation called
the Emma mining company of Utah, of
certain silver mine and other property, as
set forth in the said complaint at folios .
and 7, inclusive.
And this defendant, further answering
the said complaint, saith that during the
month of March, 1871, the Emma mine
property connected Herewith, as described
in said complaint, was offered for sale to
this defendant and the defendant Park
that this defendant had heretofore no ac-
quaintancc or connection with gold or sill
yer mines that before considering the
subject of the purchase of said mine, this
defendant required from the owners there
of, and the said owners furnished to him,
full account of the previous product and
profits of said mine that from said &C
count, it appeared that the first silver ore
was taken from said mine and sold in the
month of July, 1870 that small guam
tity of said ore had been sold at Salt Lake
or elsewhere in the vicinity, when the same
was first opened that all the remaining
silver ore, the product of such mine, had
been consigned to two firms of English
commission merchants for sale, and sold in
Liverpool, England that the names of
said commission merchants were Messrs.
Bath q Son of the city of London, and
Lewis & Son of the city of Liverpool
that the net profits arising from the pro-
duct of said mine between the sixth day of
July, 1870, and the fourth day of March,
1871, amounted to the sum OF nearly $780,
900 dollars, and the quantity of ore taken
from there and sold during the same time
exceeded six thousand tons that this de.
PENDANT proceeded to make an examination
and vcrifcation of said statement, and as
certaned the same to be true. and he AYERS
that the same was true that he in COM
papy with said Park went to the mine
about the first day Of April, 1871, and
made as full an examination thereof as
himself and said Park were able to make
without the assistance ofmining engineers;
that there was at that time being raised and
sent to market from said mine about one
hundred tons of ore per day, yielding a
profit of about eleven thousand dollars
that the reputation of said mine at that
time was very high and widely circulated
that this defendant used diligent efforts to
ascertain the value thereof, and learned
that the same was universally believed to
be one of the richest and most valuable
mines of silver ore heretofore discovered
that the same was then in possession of
certain persons claiming to have purchased
it from the discoveries thereof, but who
had no title thereto derived from the United
States, the original source of such title
that this defendant and said Park were in
formed by letters and otherwise, that there
were many claimants to the said mine
whose claims were not recognized by the
parties in possession thereof that several
suits at law were then pending in which
the title to said mine was directly involved;
that said mine could not be purchased with
any covenants of title, but must be pur-
chased, if at all, subject to such claims and
the suits aforesaid that this defendant and
said Park thereupon declined to purchase
the said mine or any part thereof. unless
the said parties so in possession should re-
tain portion of their interest until the IT,
tic to said mine was finally and judlcially
settled that this defendant and said Park
finally offered TO the parties so in pos
session to purchase an undivided one-half
interest in said mine, subject to the claims
and suits aforesaid involving the title
thereof, and upon condition that said own
ers would retain the other one-half interest
until the final settlement of such title, for
the sum of 1916, 900 that the proposition
of this defendant aud said Park was &C.
cepted by said owners and this defend
ant, and said Park shortly thereafter paid
to them for the interest so purchased the
said sum of $375,000 In money that at
that time the title to said mine was held by
private corporation known as the Emma
mining company of Utah that in view of
the unsettled condition of the laws in the
territory of Utah, and to insure the more