New-York tribune., 1875-02-04
THE COMPLAINT.

The COMPLAINT.
rrPRgMg CoUET-City and County o. Ne'-- OrF.-
g5e Emma silver MIAng Company sLinitefl, o. Lon
don. sgt TrenOr W. PARK, Henry H. Baker ana William
The pi i.ntG Company. by shipman, Barlow. Laroeque
4 MacFAand complains OF tue defendants ana aHe-'
Thai the plaintiff Is corPorato1 heretoI're, 10 W. W.
ou or about tpe Stn day OF November, A d. 1871 duy
created aad ORGANIZED and now existing under ana oy
" the laws o the United hlugdom oI Great bE
ain and Ireland .,
That heretofore to w.t. on or about the 18th day OF
February, Is7l. certain persons named James M DS5
Jrsse smith, Warren Hu'sey Francis D. Clfi Joseph X
u ,iesr Ronrrt b. CHISHOLM Minerva NJ CunningtOn
snd John Cuuuugton claimed 70 be lawfully seized and
possessed o. certain mine OF slyer ore situate IN tne
&srttory OF Utah, United States of America with
sDe appurtcuauccs thereof, anl certain personal prop
asrcd 10 he destrbed as follows. that is to Al
1hat certain mining ground or quartz lode situate lying
and beng in Little Cottonwood Mining DlstIlc't
Sn Little Cottonwood Canon. sat Lake County.
Gian Territory, known as the Lmula Lole, con con
Epx 10 all 5000 feet the same Is recorded IN
Feeords OF ssId mining also, all the tim
r. rights buildings, improvements, machinery,
stores and supplies OF every description whatsoever to-
Herther with the otner OF the Emma Nine, ana
sppertlnng and belonging thereto, exclusive however
of shipped or IN uansltu IrOl ,ne i" DIe 10 ~
Fnarket; tOg Jher with al the DIPS angles spurs am
variations OF the sad mining groun' anu qIa, 10
nld all and singular the hered4taiH1uIS @nu ~FP4A
sces thereuntO belonging ,-e.o.,. .,.. 80, d,
,neveral persons aforesaid did by Instrument 10
rting under their hands and seals sell aud convey TO
n certain corporation, then and there claiming 10 oe
hawfn corporation duly organized under the laws OF the
said Territory Utah, under the name OF the EmIna
TGat on or about date last aforesaid the defend
sd Who had heretofore been largely engaged lh
aiming enterprises OF speculative character ana IN
70 mining companies, aud IN the issue
and ale of capital therein entered into negoti
tne s,-d several Dersons CrantOrs said
Smma Mining Company OF Cta0, or with me SAID Com
sany, the purpose OF acquiring an interest," ~ the
eld niue ana Rrsb7gs b ot hem ,TT
T5st i'm pursuance Of sucn negotiations the said PARK,
ttaer before or shortly the conveyance Of the
HlunC Company OF Utah, did in fact acquire an undl-
Slded one-nsf interest IN the said premises But tne
Eiant is not informed TO whether such interest was
ecqured through negotiations Win Tue salu VeuoTs a-
terror to formation OF said COMPANY or al'erwru'
or as to che form III winch such Ute ana IN
Eerest was conveyed 10 the SAID Para. 49,. -, s..s
Tine D4luLd informed ana believes that me de1end-
apts Baxter Stewart were JOlnIy interested WIN
the defendant Park IN such negQtlaons ana
e title, but a. 20 he iact WhttheT lne sAa on %
5saxter ana Stewart osteBsbly ana aVowedy par
Ses 20 such negouaonS anI tps1 s1 th t6e said
whether they were secretly nleIesou "I'n iS ~
Slrk or a. extent and proportion ia Wnlch they
&ere respectively Interested the PAi"'H mas 10 III
Ts ntF is informed and believes that whatever
yt interest was so acquired by said Park and
g. associates respect 10 when tne piahLH mas no
1Bf5rinAOu he nominal price agreed ~ 20 pau oS Iue
"a P.rk for such unalvlded one-hat interest was
bjOOOJ wnca nominal price was deeeIuS ana M d
stated and fixed At the sum Aforesaid 10 the ehu
oi uInern& ana d de7epdants ParK Baxter and
Etewari hereinafter set forth; whereas IN lacI, tne
seal consideration paid or agreed 10 DC pad tnereIor
e-s much e s; 20 W.T. S59OOJ; out tne @ 70 oe
Informed as 20 the amount pad OF agteeu W DC
p1S resad mining property known the Emma
Ellver Nine" was discovered some time In the year
ID lsC3 between such date aud the date OF an acqul-
non ~ -e.t ihercin by the SAID Park aud his said
sssocaf4s Baxter and stewart large amount OF silver
Or mad bee taken Of the said mne and sold IN the
narket uoih No me Uuted states aud IN Eng and, The
eTact amount whereof 70 the plaintiff unknown.
SAID PARK ana Ms -slu dssOcdteS 50 as
aforesaid acquired interest IN the saa Dne' IL nau
becoue apparent TO tie owners thereOi ron %nOn
ouch interest acquired auu asO ~ @ Cie o 80
8Aat the greater part oi the ore "H.Cn u 'ne sou ~
Contained mad already been extracted Iherelioin ~ ~
no des,Snsted among minero a. pocket and was not
N vein OF ore all ~ winch was wen Known unUeIs'o
a nd believed by defendants as aforesaid az lhe seE
Sral times herelnbefore and hereinafter mentioned
u1ere was. never heless al the ude Iast aooC Lun
EuIne which. together with the amount afeaoy e1 9
kracted and tnen on hand ana embraced III tne p
num- but the exact amount ana value "Aereoi 10 " ~
PT 20 the acd 1ison By tho defendants OF an inter
est 10 the mining property the sad nine, undnr
"a name OF the Emma Silver Mine, had acquired some
Sotorefy both In the United States and IN Europe, IA
onseG the large amount Of ore thereOiOte
racted the said mine, and the quality thereof AZ
re same time, state, condition, ana value OF
SAID mine, the time Of the purchase ot an interest
knerein by tine defendants, was known OHy 70 tne u
ndaus the former pJssessOrs and prOpr1eOrs thereof
the persons then snd heretofore engaged ia WoFK
ts tue OF the purchase Of interest in the said
SnIne by the defendants Tue pTineps part anu nS'
n called whereof the said mine consisted hau IN Iac'
.v,as snS experience In the business Of mining
khat comparatively small aInouns ol s'e , I'm. o "
EuaiDed the SAID pOch6tB HOe
kbs olsintf is Informed, the Of s2SOOO or there
hDOute and that n the business OF Ito oss
Ens in the usua course OF mining should DC continued
He ore in the SAID would be sPeedly e1naus'eu
nl OF which was then and theFe Auo"A " '~' W
The defendants, well knowing the premises ana wei d
HnOwng the nOtOreIy and reputation "noh tn1 1ht
sUne had 40 AS aforesaid acquired, then ana there
Formed the unlawful fraudulent and oecelIui Purpose
pf acquiring interest Aforesaid ia the saIu =
Ehe manner aforesaid the end OF obtaining power anu
Authority to sell the said premises the sa1
nrty with intent sell the same Dy irauouiehb an
eitful practices and for sum Known Dy tue ueiehu
anti be grossly largely and many times Ia excess "
ths true and lust value thereof 10 Wh0msOeVer 20
Induced In Ignorance the truth OF Ihe pfeinses 70
urchase the same 70 the great Denent advantage auu
profit 0f the defendants ..-. A..
40 the end aforesaid the defendants afterwards. 70