The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-21
Concluded from First Pace. |

concluded from First Page.
promise, agreement, or understanding with
said Silliman that his compensation should
in any wise depend upon the nature of his
report, or be contingent on the sale Of said
mine in England, or the price received
therefor, as stated in said complaint. And
this deponent AYERS that the said Prof. Sill
liman afterward, and upon the application
of the defendant Baxter, and unaccom-
panied by any of the said owners, proceed
ed to Utah and made an examination of
said mine, and having completed said ex-
animation transmitted his report thereon
from Utah to said Coates & Hankey in Lon
don, and said report was received by Coates
Il Hankey, who notified this defendant
that the same was satisfactory, and that
they thereupon considered the purchase of
the mine and mining property completed,
all before this defendant had any knowledge
whatever of the contents of said report,
except as derived from said Coates Il Han
keys statement that the same was satisfac-
tory. And this defendant AYERS that the
said Siliman, in making such examination
and report, was, in fact and in law, the
agent of the said Coates & Hankey and
their associates, and not of either OF these
defendants, and that neither himself nor
said Baxter are in any wise bound by or
responsible for, in law or in equity, any of
the statements or facts contained in said
report. Nevertheless, this defendant, an
swering on his best knowledge and inform
alton, AYERS that the examination SO made
was as thorough end efficient as il was pos
sible to make the same at the time and
place where it was made and that every
fact and statement contained in said report
was believed by said Siliman to be true,
and was fully sustained by the condition of
the mine at the time of said examination
that such examination, and report was
made by said Silliman in good faith, and
with single purpose of informing the said
Coates Il Hankey of the then true and
real condition and appearance of the said
mine, and this defendant then believed the
said report to be in all respects true, in
general and in detail, and all the knowl-
edge and information which this defendant
then had in respect of said mine tended to
support and uphold all the conclusions of
said report and the facts therein stated.
BARON GRANTS PART IN THE MATTER.
That thereupon this defendant claimed
that said Coates d Hankey should carry
out the agreement for the purchase on their
part that they requested the defendant to
have an interview with Baron Albert Grant,
named in said complaint that this defend
ant held at that time no acquaintance with
said Grant, but was informed by said
Coates d Hankey that he was gentleman
of great financial influence and wide ac-
qunintance in England, who possessed the
confidence of mouied men. That this de-
PENDANT consented thereto, and was so in
trodlced to said Grant, who proposed to
this defendant to carry into effect the ar
rangement already made with Coates IL
HankpV with modification of thp
terms thereof that after negotiation, to
avoid any further delay on the part of said
Coates d Hankey, the said defendant, in
behalf of said owners, consented to such
modification, and said Grant proceeded to
organize the company and complete said
purchase. II was afterward agreed that
the number of directors of said proposed
company should be nine and said Grant
proposed that the vendors, who were to re-
tain one-half the capital stock, should be
represented in said board by this defendant
the said Baxter & Stewart md said
Grant and Coates e Hankey thereupon Sc
lected and named the following persons for
the remaining six members of the board, to
wit George Anderson, esq, E. Bird ges
Wiliyams, ESQ.,, Z. Leigh Pemberton, esq.
(al of the city of London, and all men,
bers of the parliament of Great Britain
and Ireland and Percy Doyle, ESQ.,, and
the Hon. John &. Stanley, two gentlemen
of high character and reputation, also of
the city of London and the Hon. Robert
G Schenck, United States minister in Lon
don and the plaintiff company was organ
izcG with said persons as directors thereof.
And this defendant AYERS that When the
said arrangement with said Grant was COM
pleted, he delivered to said Grant correct
statement of all the silver ores produced by
said mine from July, 1870, to the first day
of September, 1871 that from said state
ment it appeared as the fact was, that all
said ores after the first of October, 1870,
had been forwarded to said consignees and
sold in England, except about $50 tons
thereof which had been sold at Salt Lake
that the persons so named as directors of
the plaintiffs company (other than these
defendants and said Stewart, before issu-
ing any prospectus for said company, or
offering the stock thereof, insisted that the
account of such product and sale should be
examined and verified by accountants of
their own selection that this defendant as
sented thereto, and agreed with said direc-
tors that the books Of said consignees should
be examined by dlsnterested accountant,
the entries therein verified, and a statement
in detail prepared therefrom, showing all
the shipments of silver ore from said mine
to said consignees, the expenses attending
the shipment and sale. the sales of said ore,
and all other facts necessary to establish
the quantity and value of the product of
said mine, together with the quantity of
ore in transit from the mine to said con-
sgnees, of which they had already been
advised, to the end that the best and most
reliable evidence should be placed in the
hands of the purchasers of the value of
said mine, and of its past history and pro-
duct.
STATEMENT OF THE PROSPECTUS DEFENDED.
This defendant further says that the said
directors did before said prospectus was
Issued, have an examination made of the
books of the said consignees by competent
accountants, and statement made, in de-
tail, of the sales of ore from said mine, by
said consignees, and of the quantity and
value of the ore in transit, and of all other
facts shown by said books; from which
statement, among many other details,
showing the entire product of said mine
from about the LIST of October, 1870, to the
LIST Of September, 1871, it appeared that
there had been received by the said Lewis
& Son, and sold from said mine, between
the 9th of October, 1870, and the 30th of
May, 1871, silver ores of the value of f7S,-
SS4 sterling. and by Bath & Son, from goth
of October, 1870, to 10Th July, 1871, like
silver ores of the value of f84,770 sterling
equal to about the sum of 100000 in
United States gold coin; and that there had
been in like manner produced by said mine,
forwarded to and sold by said consignees,
between 25th April and LIST September,
1871, like silver ores of the value of about
S56S, 200, United States gold coin, not in
GLIDING the value of silver ore then raised
and sacked at said mine, or in transit to
said consignees, of the value of about S243,-
600 United States gold coin. That this
statement was prepared in detail, showing
each shipment, its rate and the expenses
thereof. That there was added to said
statement, upon other evidence, an item
for 359 tons of ore, which had been sold in
Utah, at profit of ten thousand and fifty
xaounds rCLat