New-York tribune., 1875-02-04

The plaintiff informed and believes that in pursu-
ance OF some Arrangement scheme and plan devised and
agreed before she formation OF the said Emma Sill
yer Mining Company OF New-York. the particulars
said Company caused be issued distributed
as follows, that is 10 say
To the said II. II. Baxter.........-l0,s75s shares.
To the said TrenOr W. Park. shares.
To the said William NJ. sIewart..... 5000 shares.
To the said Warren HusseY......... 6.439 shares.
To the said Robert Y. Chisholm. $40 shares.
To the said James Smith ........... 3,624 shares.
To the sah j. K Walker. 900 shares.
To the said Samuel g. Walker. 9O5 shares.
To the said ID. G. Walker. 9O5 shares.
10 the said NJ H. Walker :..-...--.. 9O5 shares.
To said Francis d. Cliff. ......... 9O5 shares.
To The said NJ. NJ Cunnington....... 226 shares.
From which distribution 1t appears that the defend
ants acquired majority OF the snares Of the capital
stock OF the said Company and by reason thereof
also acquired the right and power to control the affairs
OF the said Company and afterward, and before the
sale OF said mine, acquired fu power and authority 70
dispose Of the same in sneir discretion.
To the end OF carrying out the aforesaid raudu-
lent and unlawful wicked and deceltfu scheme for tho
sale OF the premises and the better to deceive In regard
The true and condition OF the said and
value thereof the defendants Immediately after obtain
ing in and control OF the SAID mine aOre
said ceased work aud continue the development
thereof the OF the business OF mining.
ami ceased explorations thereio in order
fact that the deposit Of silver ore therein had been ex-
The servants and agents who had Heretofore been
employ working OF the said mine positions
OF trist and responsibility dismissed ana dis
charged other Dersons were empl0yed in their place
the conceal and promote the fraudulent scheme
aforesaid Of the deendantS and among others certain
cOufedrraes OF the SAID defendant. Park in other and
previous speculative mining schemes and enterprises
~ whose discretion, silence, cooperation, ana hdelty
the defendants reposed confidence.
To the end aforesaid the defendants. well know
ing that the deposit OF silver in the said miue was
nearly exhausted and that out small amount OF silver
remained therein conducted operations at the
said niue to cause the same 10 present false and
deceptive appearance both IN respect 10 the amount
and quality Of ore contained therein and previously
tgacted tnerefrJm, and make the amount ana value
thereof 10 appear greater than the real amount
value thereof retaining hand the said mine
large amount Of valuable heretofore extracted the
better deceive persons might be employed to
u
thereof as To It's real value.
Ia further pursuance Of the aforesaid fraudulent
OF the defendants sell the said premises by
dse, fraudulent, ana deceitia cOnrivances, suppress
sion and misrepresentation OF facts, the Defendants
Park and Stewart, month of September 1s71 pro
c,eded from the cry OF New York London, England
Tor the purpose OF there eff ctDg sale OF the premises
IA the manner and Oy the devices aforesaid.
The said deendants having in due course arrived In
London, shortly thereafter entered into negotiations
with persons there, whose business ana ayoca
ton other things was % put on foot and bring
olu" speculative enterprises OF the nature and character
II defendants scheme, by various arts ana devices,
among others, by means OF the formation OF - COM
pauy" so called, or corpoTauoD' olgahTeu III iorH @
according the OF Great Britain aod Ireland ana
by various fraudulent ana deceitul devices ana cOnr-
worthless property some large price, and pay for the
with money obtained ~ the creation ISSUE ana
sale Of the capital stock Of sucn corporation.
To eud aforesaid, and in the first place the said de-
f.ndants PARK Stewart entered INTO certain necO
tatlOns with certain urn OF cOpafthershlp carrying
on the sOcaed business OF brokers ana financial agents
under the O Coates Hdnkey Tor lhe purpose OF
obtaining tnelr alu auu assistance III Ie sdo Vi tAe
premises such negotiations ana proceedings were hdd
that said Coates HdnKey undertook 10 invite SUD
scrpuons on the part OF the puDnc IOI Je "a
the premises and for tine sum OF 4lOOOO sterhng,
or about SjOOOCOO of the United states,
u the end Of organzlGG company eonsIstins ol o. to
suscri0ers Others in case subscrpons 10 the re-
0ured amount should be obtained aud OF conveying the
premises 10 suc1 company winch cohpanS' "nen 81
canz-d, 10 be made 10 issue TO t1e sld seVea $40
scrsers shares OF STOCK representing tAe amo-u' u
tAeir respective subscriptions ~
And then and there agreed that The said Coates
S1r - the amount Of about 100000 or S5O)OoO awul
money OF United States Tor services IN the premises,
ia case they should succeed IN checung sale OF Jhe
premises at price lictOry 10 the DEFENDANTS 10 wiz
Ut The price OF about S,OO0'CCO lawful money ot the
Tne SAID Coates Rankey failed to effect sale OF the
premises TnereupOn. and about tne sad month Of
duced the said defendants Park and Stewart TO one
Albert Grant OF London, as person OF great sk anu
panies 50 ca led, for conducting mining and various
other enterprises and person OF great pecnndry re-
sources aud possessing great skill and peculiar ihcll
tIes manipulating the STOCK OF such companies anu
inducing the public to invest dnoney therein anu wac
mad been many engaged III business Oh Ihe ha
turs and character Aforesaid - i,
ana stewart 10 said Grant and the NEGOTIATIONS De-
tween SAID defendants ana the salu Graht' hIin
after referred TO- and sometime IN tle month OF Juy
0r Aurst A D. 1871, the defendants had employed An
eminent in the sciences OF geology ana nera
oly examine the premises an1 report @ oneTt6n t ~
and amount Of ore therein. 49,. ., -.,
OF July or August in the last aforesaid mad com
nuuicatiOns n writing TO The said defendants baxter
I'D Park wherein and whereby he informed the SAID
defendants that the mass at the said inc mean
ng The depOsit OF silver ore therein, WOud soon DC
nH m INN DOWN u every direction length and
m iTs depth aud that its then rate OF extraction
the would soon be stripped ana Or Tue pIosen''
TS s4d Albert Grant and said Park behalf OF the
Defendants about said month OF SEPTEMBER or &c
t"ber a ID 1871 entered into an agreement wherein
and whereby said Grant undertook TO set on toOt ana
carry out would result IN the sae OIL he
sId mining property the sum OF 400OOOO sterng or
aDou lawful money Of the United states, as
CONDENSATION for which service on the part OF the su
Grant he the said Grant. 10 be paid ana TO receye
t,a m Of
money Of the United States; and by Subsequent
ent made with the defendants about the time Of the
lie of the said mine the said Grant to receive and
dd receive the further sum OF 4lOOO steringI dAn
Altogether the Of about $l0JOOO pald Oy tue de-
PENDANTS 10 tue said Grant for nls SERVICES IN tne prem
Ia pursuance OF the agreement and arranGement 40
IN de between said Park behalf OF himse the other
attendants aud the several partes interested IN san!
mining property, the said Grant ana the deIehulhts
ded 10 adopt and carry out the further measures
Hereinafter particularly described Tor he purpose
VI & an 1fenSants The better to effect the sale Of said
mine in Engand had heretofore and on or ABOUT tne
- day OF September A D. ls11 employed behJainIn J d u
suiman OF New-HAven, in the state OF Connecticut a
professor Of general and applied chemistry, o. t"nS
was then and there well known 10 tae delenuans' anu
had tberetofore been engaged in promoting DY MS re-
p0rts and otherwise various speculative lnIhhE oVel
nrlses OF similar characterD among othef thnRs 70
-oceed IN Itab examine and report 10 them or such
rson a. they direct, touching the state anu CON
dtiOp OF said mine and the amount and value o the
ore therein contained .At. =.
sociates, agreed 70 pay said sliman large sun o,
money TO wit about IS OOO the plaintiffs are informed
and beheve as a compensation for his services
- lbor in and about premises, and further large
80 ~ vii as the plaintiff Is informed and believes
about the sum OF $45OO0 contingenty' ptoVlueu nlS
rnor sbould be of character as 10 endDe tueHi
tb sand defendants. sell said mining properly Ia E
Land upou sucn terms to them, the sald delohdan's'
might be satisfactory. . .otd ciui,,s, di1
In pnrsuance OF this employment, SAID SiLmdh uid
nroceed 10 Utah did sad lnue ana OY the al
rccton OF the defendants did make "A c@eItI @ II iePo
fbereon nomiualY and in form 70 SAID Coates Hahey'
a COW whereof IS hereunto annexed, marked EAlIDIt
.. y and made part Of tins complaint, IN the same
manner as though the same were here seI OuI a'
length. ,- --, .u. a. i- s,td Sfl1irno n
- IN f,ct and Was well known and underNtOOd " the