New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-12
THE EMMA MINE FRAUDS.
THE LEGAL CONFLICT BEGUN.

IRON THE REGULAR CORRESPONDENT THE TRIBUNE
LONDON, Jan. 29.-Wrts have been issued against
Mr. Schenck and Mr.. Park in action brought by
the Chairman of the Emma Mining Company in its
name and behalf. Others have been both issued and
served on his co-drectors, Messrs. Anderson,
Bridges Williams, Pemberton, and Stanley. Others
again Mr.. Albert Grant the promoter; Mr.. Pules-
ton who was trustee; Mr.. Coates the stock broker
who introduced the business to Grant, and Mr..
Lewis, the metal broker The announcement
Of the service of writ on Grant last
Friday was premature. None was served till to-day.
The wrts of three different sorts That against
Mr.. Schcnc is said to be for conspiracy to defraud
but all of Them as understand thus far in the
nature of civil! process.
Owing to some clerical delays, the wrts against
Mr. Schenck were not issued on Thursday They
bear date Friday, Jan. Is, and on file in the
Queens Bench There appears to be some difficulty
in serving them. Down to o'clock this afternoon
when the writ office closed. the officer whose bus-
ness il is to serve them had made no return have
heard il suggested that Mr. Schenck is keeping out
of the way till he gets instructions from Washing
ton. As he has known for days that
the writs would be out against him. there
has been time for considerable correspondence
by cable with his protecting authorities at home
II Is certainly the first time Secretary of State has
ever been called upon to instruct Foreign Minister
whether or not he should submit to the service OF
writ containing such allegations a. these. l sent
you by last post a copy of the writ against Irenof
w. Park One Of the writs against Schenck Is pre-
csey like that, but process of this kind Is such
novelty that il may be worth quoting here III iull
lls76-Iettcr l.. No 81
In the High Court of Justice queens Bench Division
Writ OF Summons. Between The Emma silver Minins
Company Qimtcd), piantlii, and Robert I. StheheA'
victoria by the grace Of Cod OF the United Kingdom
Of Great Britain aud Ireland queen, defender 81 w,
Faith. To Robert G. Schemes o - Great Cumberland
place. IN tie County OF Mild'cseN. gentleman; -,
We command You that within eight days after me
service OF this writ on Won. ncus'" ~ the Gay {" s'n
in t.t Queens Icucn Division Of our high couli oi
Justice u action al the SUIT OF the Emma sNcr MIL
And take notice. hat in default Of your doing the
rstid may p',crd yr,,n, ara 49, " ,S, o m5
Hugh MacCalmont. l!a.on Cairns, Lord liig ona",eot
81 Great Britain. Westminster the 2'th DAY oi Jahu
AIRY in tho year of our Iord 1876.
lie uLautil-, claim !, for damages FOR fraudulent
m-r, ir>cutat iou- and cOneoalm'nts ana con'r ht To
dcfiaud t' pauiih comrany ia Ie-l'cj %, are 81 J
IWhd sim; also, Co recover money dh'e ~ u" ne h'
and nr,i,,on moneys herrapon rus writ was Issued
H. f,,, a Ch.n,iu of No 10 Lincoln. un- Fields. o.
tie County OF MuldcscN, -ouci,ofs Tor he platinum
company. VII -c offices are at 80 Il Queen Nct"ii--''
IN the Cty fl London
y B.-riis writ TO be served within twelve cali niar
mo.., u IA ~" 4 t'' ~ ~, rp nr,iinr tar aay
a. ,g o,te and noi asrwar lr ricnd4 may appear
tHsr,o by entering APPEARANCE r'A't l'i''N"'S % u!
In the other writ against Schcnck Us also against
the other original directors the plaintiffs claim is
briefly ret out for breach Of trust and negligence
in the discharge Of his duties director. under
stand that the counsel retain in thee suits in be
half Of the Emma Company ale the Solicitor Cen
eral sir ilaIdingc Ginard z. G.; Sir Henry James,
Q. c.; Mr. Hawkins q. G.. and three others.
An interesting circular ou the pres"nt condition 81
the Emma affairs has been issued by the Chairman
of tie Company II j.. IN part, an answer 10 the ac-
L.. rI.f .ItstfF-
man,hip merely FOR The pIrp OF litigation. On
the contrary, he is for making another effort to find
silver in the mine Not that hc believes the stouc-
which Mr. Albert Grant has circuai d. and which
seem 10 have imposed on the ineEhausiIbr incrcdu-
Ify of Mr.. Schcnrk's organ. That the pocket
WAS exhausted, and the whole mine believed to
be exhausted when Park sold 1t, no
body doubts But Mr. MacDougall refuses to
admit THAT the vein beyond II nay not yet be- re-
covered Whether there be sach a VEN cannot be-
determined TIL the mine has been got out oi the
hands of tle United States Marshal VINO now holds
i under attachment for Parks Judgment. That
Judgment va, obtained h. default on a claim which
the present Chairman believes friutnlent. II" does
moi believe the American courts viii sustain indr
mcut SD obtained on % claim arising ont 90 an alleged
advance bv Park ~ money 10 pay fictitious dlNi-
icnI. m a company Of which he was a director
lie does not believe Park viii ycu1irc as he boasts
To put up the mine for sale III such cIcnihsihn'cs
II i, quite safe, thinks Mr.. MacDouga, IA the Mar
shars hands meantime the most pressing thing is
ia On on with the suits against Giant and hcorisiua
directors. The shareholders are reminded that they
borght something besides n mine. They bought
actual assets ia hand, according 10 tie prospectus
10 tIc amount Of more than 92,1O0OOu. The details
we're set forth IN the prospectus cash ia hand, ore
in transit, aad ore already developed. By
Chairman i'm his busincss-llkc way per
h1ps Mr. Albert Grant ani those concerned
win him in the connection of the Emma prospectus
will be good enough, upon the pressure 81 decision
If our courts To- make good the short delivery Of
those assets OF Gj3s, $50 which were to have been
delivered upon completion Of the purchase" When
tLey have got lhi the shareholders vii hc in po-
siion TO decide what they Will do about the mine
itself The wits referred 10 above are served III the
action brought for This purpose among others.
4 seeoud article on Mr. Schonck appeared recently
in The Tour dealing like the former, with the Ward
Machado business Mr.. schencks letter to Mr..
Johuso,, doc, not satisfy anybody except those who
would have been satisfied without any letter at all
The correspondence proves to The Ho"r that Mr.
echrnck il sadly wanting in diplomatic and moral
sousc "lt was manifest" adds that paper, That
Warl, services were entirely confined 10 the inilu-
encc lie conli exercise over tho Minister, inasmuch
a. lac appcars 10 have dose nothing whatever but
forward the papers and the contract was to ter
inmate unless the money had been obtained before
Cen Schea, retired from Office" Mr. Schenck must
have learned by this time that his protcstations
avail nothing with the hard English mind against
tbe written evidence. One two recent social Incl
dents will have taught him that.
Mr. Fish's Cuban Note has excited more interest