New-York tribune., 1875-02-04

general effect, utterly false fraudulent,
as hereinafter more particularly set forth
BY means OF the said false fraudulent and deceitful
prospectus So In fact composed and published by the
defendants the plaintiff was induced 10 invite subscrp
ons TO Its capital stock for the purpose OF purchasing
SHARES OF W .aa au M hs pa1 ssas asreo
thas to athe rate Of $40 sterling share or about
Nnon SUBSCRIPTIONS amouneu IN tne aggreRitS 20 tne
sum OF $500 sterling or about lawful money
Of the United States all OF which were duly PAID 10 the
plaintiff and by the plaintiff paid the said de-
PENDANTS in part payment for the premises
The remaining shares OF stock, 70 wit, 250oo shares
issued 10 for the benefit OF the defendants and
their associates in further part payment for the sd
II was cOntrved by the said defendants that part
payment for the premises should be made IN the capt
might the more readily be induced 10 buy the premises
~ the price aforesaid. by the seeming confidence OF
the defendants in the value OF the premises So mani
l Tested. but which seeming confidence was falsely
assumed as part OF, OF the h % iba
defendants expecting and intending by false and fraud
uent representation ana device 10 make % hhrSet LOT
greater than the value thereof and then TO sell The
ants afterward cOntTived 10 become members VI The
Board Of Directors OF the plaintiffs company.
aforesaid for subscriptions stock, well as the said
shares Of stock last aforesaid In pursuance OF the sad
fraudulent. d,ceitfuI aud Unlawful scheme and agree
ment, to be paid and delivered over a.oresad 10
them for their and benefit and the use and benefit
OF such persons were associated IN title ana interest
| with the said Park in the premises.
The defendants then and there, in and bT the said
prospectus and otherwise, and IN order 10 indLce me
plaintiff TO purchase the premises among Other thngS
falsely and rauduiently represented TO the plaDuh
that there had been extracted IRON me 500 nne' am
then and there hand at the sad mine $3.50 tons
rstclass OF the value OF 10000 sterling or S3j
900, lawfu money or the United otates' whereas III
truth ana in fact the amount thereof so extracted and
on hand was much less III amount and value.
And also that other aud sOcae1 second cllsa ore, %
large amount and Of great value 70 VIII OF the amount
OF the United States had also been extracted,
and then and there on hand at the said
and value of the second class was much less il
amount ana value than the amount ana value Aforesaid
all OF winch was we'll known to tue defendints
Farther promote the sale u the said premises In tho
and by the devices Aforesaid ana as further
and their associates then and there contributed
large or money, 90 wit, about 463OJ sterlnS or
about S225J0, Lawful money OF tbe United states ana
falsely pretended 10 tue planud That sald sum was
part OF the proceeds OF ore OF the said mines taere
tOfore sold such, Included the sum aOre'1d IN
int"t and nnrnose of the defendants being thereby
10 advance and promote their said frauiueEi schcmes
and devices in the premises by induclnghe palnJM 10
believe in the false and fraudulent representations Of
the Defendants touching the value and producvenes5
the said mine ana by the false anu frdudden repre-
and device aforesaid TO induce the plaintiff
believe the said premises % he Of sucn yaue ana pro
ductiveness that the painiln could and should IN tie
due and good fith, earn, declare ana
pay large dividends 10 its stOckhOlders eAcA ana every
month.
The defendants then and there, IN and by the said
prospectus and otherwise, also falsely frduduently
and deceifuly represented that the exact location OF
tne said mine, namely, The said EDma Nine sO-clied,
was about miles from the branch OF the Pdcho KAN
road, well knowing tnat tine location OF the sill mne
greater ~ distance from the sald Dfdhch rh-
road, w.t. 25 miles and that there was no otHcr ra-
The defendants then and thero also falsely tradu-
Ieuy deceifuy represented In and by tue d pros
pectu5 and otherwise tnat the SAID mine Was 2AO o
or nearly half mile III length, whereas the DEFENDANTS
well the SAID mine dad not exceed 100 feet III
length.
aaid prospectus, and otherwise. alo falsely and riunu
ienly represented TO the plaintih mat ire -ad iIhe
was discovered in the year A. ID. 1870 whereas IN
truth and ID fact the defendants vel Snew th1 sara
mine was discovered In the year A d. 1865 ana Haa
been worked from the year last aforesaid until |oiK
therein, for The purpose OF developing the sad mlne
that hereinbefore set FORTH the defendants might
prepare the said mine so that tae - ne t mint
aucr In rec pect value thereof as Woud better
enable Them the SAID defendant4 to make by means OF
the false ana deceitful representation Acfe-
s.ld sale thereof to the painuK
fully and frauduenty represented tnat the esumlted
net OF said mne from the l'J dAV OF Nav 1871,
TO the LIT day OF september. 157 A3jj9 stcrl1g,
or about llg5 $50 ibe lawful money OF the UIted
states whereas IN truth and IN lac the net }led was
much less. 10 wit, -- less than tue sum last dfore
Inc defendants then and there in and by the said
pros Dectus and also falsely traulueuiy and
deceituly Represented 70 the panth tnat tnere We're
and there 1920 tun already developed IN various
narts the mine OF the esftmated net value or
s55O75O about s17oS,75O in the lawful money Of the
United states, and tnat 300 tons, part thereof might
lie expeced t. arrive London, England, duGuZ the
months OF January and February, A d. ls2; %hrrra'.
ore had not developed IN the said niue and Ihe
said 800 tons part thereof did not arrive nor was he
same OF any part thereof expected 10 arrive ia LONDON
aforesaid during the SAID mouths OF January anu req
ruary, A. ID. 1872 80
frauduentlv represented the plaintiff IN order 10 In
duce plaintiff 10 buy the premises AFORESAID IA man
er aforesaid and induce the palutn 10 believe thdt
the price demanded for The premises nv the defend
ants and paid by the piant, was less than the true
value thereof that the sale OF some Oh le interests IN
the said premises was necessary ana must De uiie h
"rdeT to enabe the defendants settle certain claims.
and TO procure patent from the United states Tor the
said mine; whereas. IN truth anu IN TACT tAo Htihu
ants nor any either OF tnem were under any o6gA-
tOns To spI the said mnc and the SAID pr"enSe was
trick and device put forward as Aforesaid " induce the
/ plaintiff 10 purchase the same.
The defendants in aud by said false, fraudulent,
and decetfu report OF the SAID Benjamin Sluman Oh
tanned and for the purpose Aforesaid ana
otherwise. also frauduently and deceltiuuY, To the
same end OF inducing the paintn 10 purchase tAe SAID
premises at the price Aforesaid cIu'eu IL 10
sented falsely and deceItfuy TO the pantn that the
said mine was composed ana consisted VI yon o Sl,, III
yer and that such vein had IN fact oeeA ascerau Dy
| the said Sman TO extend for about one-haf mile IN
length; whereas in truth and IN fact no such vein OF
SILVER had been discovered Dy the salu ol ~, anu
no such or any vein Of shVer ore IN TACT tAce e
sted all which then ana Jlere known % tHe ue-
The defendants also IN and by sadreport and other
wise falsely frau1uleuty and deceituy represented 20
the pantf for the purpose aforesaid that tne e1pora
tiOns at the mine, then recently made ad demon
strated and shown extension OF the sad pretended
vein TO the northwest than 100 feet beyond ls
former known limits and that the SAID pretended vein
nrefrnded vein was true mineral vein OF great power
and as sucn belonged the category Of ana equaIed ID
called the great Of the world all and singular OF
which said representations last above SET Iortn were
kuown by the be untrue, and we're so, as
aforesaid falsely, frauduleny and deceifuy made 10
the plaintiff induce the plaintiff 70 purchase the sad
! premises and pay therefor tue price aforesaid.
The defends and the said report, and other
WISE also then aud falsely, fraudulenty ana de-
ceitfuy the purpose aforesaid represented $40 the
! nIaiptji that by tie purchase OF the sad niue ana
prstses and on the completion Of the said purchase
and az part and parcel or the premises purchased the
painti would acquire title 20 and become possessed OI
ppf only tbe inc Aforesaid aforesaid with
All its appurtenances and tho sald S4o'JOO steILhg
nrocees OF ore heretofore sold and then on hanu Du
so and as well silver ore of all classes 10 the amount
of "a 51 tons and there extracted ana on manu- au
IN sgnt IN said mine ready for EXTRACTION ana tha
The aid Of great valne, 70 W.T. OF the Vaue OF
more than gOJOOOO lawful money OF the Cllted otaes