Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-04-11
THE EMMA MINE IN
VESTIGATION.
TESTIMONY OF EX-JUDGE
MCKEAN.
LYONS WORD BELOW PAR.

Washington, April 10. In the Emma mine in
vestigation, ex,judge Mexican testified:
That shortly after his arrival in Utah in 1870,
suit was brought in his court by Jos. +. Lyon,
who applied for an injunction to restrain the En-
ma Company from selling the mine.
Mr.. Chttenden read Lyons statemt mt that he
endeavored to get Mexican removed because the
latter tried suit in which he interested per-
sonally.
Judge Mexican pronounced this statement ut
terly false; he had never done anything of the
kind He recalled one case where he discover
that two hundred feet of certain lode had been
located in his name without his knowledge, and
he thereUpon Immediately transferred the case to
another judge for trial. He had never had any
interest," directly or indirectly, in the Emma mine,
in any other, except to the extent above indca-
ted, which amounted to nothing, and none Of his
associates on the bench had any interest so far as
he knew. When he refused the injunction asked
by Lyon, Park was not interested with the mine.
and after Park bought in he (A1ckean) granted
the order in favor of Lyon and against Park. He
had never given any decision favoring Park.
Q-Was any attempt made to influence
your decision in the Emma mine injunction case
A.-Judge Mexican stated that Mr.. Holster,
then and now revenue collector in Utah, informed
him that Lyon had intimated that there was an
interest of LIZ valued at 100000, which would
be at the disposal of the Judge if he would grant
the injunction. Both himself and Holster re-
garded this with great Indignation, but paid no
other attention to it.
Q.-Whatis Lyons reputation In Utah for
truth and veracity.
Alt is very bad.
Q-Would you believe him under oath
Al think if Mr. Lyon believed the truth
would promote his own interests, he would swear
to it. If he believed lie would promote his own
interests be would to that. | would not
believe him under oath unless myself knew what
he said was true unless | knew there was other
evidence to compel me to believe.
In response to questions Judge Mexican said
he had no knowledge of any attempts being made
by Park Stewart any of the judiciary, and
he had never heard anybody in Utah say these
parties had attempted any impropriety in regard
to this mine Or other interests in Utah.
Witness testified that he resides in Salt Lake
City, and is able to state that the opinion of prac-
tica miners and scientific experts in Utah is that
the Emma mine is still very valuable, and that
its apparent failure is due to incompetent or dis
honest management, or both.
Witness could not now recall the name of sim
gle expert who said the mine was not good one.
His opinion was partly based on letter from Dr.
| e. F. Winsow, scientific gentleman of Utah, to
Prof. Siliman, in which the latter's report was
pronounced perfectly warranted by the condition
of the mine, and by the statement of John Fall,
mining expert of Cal.
On the conclusion of Judge Mexican examna-
ton, Mr.. Swan said that all Judge McKean's tes-
timony concerning the character Of Lyon would
be stricken from the special records, the CON-
mittce had decided last Friday, on the motion Of
Gen. Banks, that questions affecting the credible
ty of witness should not be brought into this in
vestigation
Gen. Schenck remarked that he had not been
informed of the committee having come to any
such determination until Judge Mckean's exami-
nation had begun. He desired to say that the tes-
timony Of Lyon, and the testimony OF johnson
also, were made up of loose statements, which,
unfortunately, placed him in q disgraceful posi-
ton. He therefore thought it his duty not only
to disprove their statements step by step, but fur
thermore to show their general bad character.
After some remarks by Mr.. Faulkner, insisting
that the determination of the committee was
proper and needful, and by General Schencks
counsel in opposition to this view, it was agreed
by the minority of the committee still present in
the committee room, that the subject be held open
for further consideration by the full board of the
committee.
Warren Hussey, banker of Salt Lake City,
testified:
That he purchased fourth interest in the EN-
ma mine for $4,000, IN the year 1870. In the
spring of 1871 he and the firm of Walker Bros
sold one-haf interest in the mine to Park for
S325,0O0. They would not have sold the whole
mine at that rate; their object was to get some
one interested who could place it on the market.
Prof. Sillmans report was entirely true, and stat
ed no more than wlteess expected he would. NO
attempt was made to influence Prof Silliman IN
its preparation, nor was any attempt made to in
| huence Bridges Williams in the report he had
made subsequently. lie was not prepared for
! his inspection.
Witness stated that at the time Stanley and
Anderson made their examination at a still later
! day, he (witness) purchased stock in London at
rate greater than three millions for the mine. AT
the time the mine was sold in England there was
not the least indication of the mine giving out !;
on the contrary the prospects were of the very
| best.
At this time witness was in Utah, and did not
consider five millions high price.
Witness had known Lyon number of years in
| Colorado and Utah. His character for veracity
was bad. Witness would not not believe him
under oath.