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

dressed ss defendant letter. tram which the following
wslkss BousE SALT LAKE crrY, seps 9e 1872
my pEsa sias have been t4roash tho mine end am fr
& + 9E any y qnS to 60 TSssh geS, in eSngss
Aud this defendant AYERS that at te date Of said letter
pancy of said Emma Mine the period of nearly one
year that had realized ont OF the proceeds thereof
bends upon its capital And this defendant upon the
isg ob sad ARdersCns report 90 SAT- nine
and a." m sad agent did purchase and pay
Ior on account Of TINS defendant 200 shares OF tue
the value thereof And this defendant that
since the said plaintiff Company hath entered into pos
session of said mine and operated the same 10y its own
AGENTS and enlployes inc said plantin Company hath
monthly dividends upon IFS capital at the rate OF Is
per cent per annu, amounting I'm all 10 the sum " more
than 100000 n gold coin.
CHARGES or DECEIT REPLIED.
And this defendant that II is true stated
in said complaint, that the silver in said mine has
given out become exhausted; that although It is true
that the particular deposits heretofore worked have
diminished in richness and value that such diminution
Is common 10 ore deposits in al silver mues that In the
common and ordinary method Of working such mines,
explorations by OF shafts tunnels and other
vtons for the purpose OF tracing the direction of odes
VEINS and Of the ore, and OF laying open
and discovering and deposits, are usually
pracced and carried that in the management and
working OF said mine. the plaintiff company has been
inefficient and unslful during It's possession thereof;
that such auy proper exploration has been made
attempted 20 be made in said mine during the pos
session ~ the said plaintiffs that the mine is now aud
for past has been under the control and dree
ton Of officers who have failed 10 carry the explOra
tions aud examinations which miners OF ordinary
care and prudence are accustomed 70 carry
in the working Of mines and this defendant insists
that II snch proper explorations had been carried on in
said mine, in conformity with the custom OF prudent
miners in similar mines the product OF said mine would
probably he ~ great NJ quantity and men IN value as
has been and he AYERS that but small portion o.
sad ine IN wlath uepta' or Ieng' mas yet necn eX-
pored OF examined; but he denies tdat himself or his
associates have ever in any respect become guarntos
for the value of said mine have made state
ments or representations in respect TO the prospective
And defendant further that the parties prn
cipally concerned in said purchase on the part OF the
plaintiffs and all the principal shareholders IN the plain
til company at that Cine, were not only ut the time Of
said conveyance perfectly satisfied with al the conduct
of defendants in making said sale. but have
herewith, and have at any time claimed,
and do not claim, that the defendants or
suppression or artifce; hut he AYERS that after
the price Of said stock in the London market had
down to nominal sum, and than two years after
the said SALE much of thC purchased at such
low rates by various parties not concerned the sale for
osseSsd Icselves Of the control Of said comnonv and
have displaced the original officers thereof, and have
caused TINS suit 70 be commenced; whereas III truth
m the fraud cha rge i'm the m herein we're true the
parties controlling the pigutih company, and for
whose benefit tis suit IL brought, woud have sustained
no DAMAGE whatever thereron inasnuch as said mine
and property the worst condition thereof charged by
the nlantiGs wuud be worth than TIE price
paid by said parties for said stock, and more tnn the
entire stock Of the company would amount ~ ut
the price per share by them PAID: And
this defendant directly, positively and with
ont reservation, AYERS, that u"lther himself
nor any person by his authority permission, hath at
any time made 70 the plaintiff or 20 any person con
nected with the purchase Of said mine, any statement
assertion representation, remark, OF suggestion OF or
concerning said mine, relating thereto, which
in any respect different from the fact or dher
from what this defendant at tie tnG believed the
truth that the AGENTS and persons principally con-
cerncd behalf OF the paiatf in making such purchase
did not rely upon, were they influenced by, the
opinion OF this defendant OF his associates but they
acted upon their Judgment formed upon facts cir
cumstances, and information 10y thCm obtained IN thelf
own way. and in their timO, and many OF such per-
SONS were the time Of such sale, accurately ana
thoroughly informed in relation 10 tie product and con-
dition of said mine this defendant WAS or claimed 70
be- and this defendant declares and AYERS that al the
statements in said complaint 20 the contrary arc false
| unt0unded and untrue.
And this defendant denies specifically each and every
stat ment in said complaint which iuVutes TO THIS de-
fcndan either OF the defendants fraud decent
Wsreprcseu atiOn conspiracy, cOncealment artnce OF
wrong respect any OF TIE matters set fOIh ol mon
toned III said complaint; and he denies each aud every
fact stated aveTment and allegation Contained IN the
complaint which is not hereDOcnre sIecihcay Hd-
nrted. Wherefore the defendant Asks Judgment ul1t
said complaint be dismissed, with costs.
CRTTTTSDHN g. HUBBAPD,
Attorneys for Defendant TrenOr ". PARK.
City and County Ne5 York, Trenor W. PARK, one
of The defendants above named, being duly sworn, de-
and That he has read the foregoing answer
the contents thereof that the same ia true or
his own knowledge except those matters which are
therein stated Information and belief and as 10 those
! matters he believes il 10 be tTur. T.. ". PARK.
sworn TO before me, this 18TH day Of April, 1872
| JANE Il. TOWNSEND, r..
Notary Public, y. y. city aud County
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