The New York herald., 1876-12-22
Taking the Measure Of Forth
coming Forgery Suit.
SCIENCE IN THE MILK CAN.

The suit OF tho Emma Silver Mining Company
against 7renor W. Park and others was resumed yes
tcrday the United States Circuit Court before Judge
Wallace. The reading OF the examination OF Mr..
George Anderson, the first chairman OF the company,
was continued BY Mr. Fou!kcs Witness testified that
there was no evidence that the ore mentioned In tho
account OF sales had been taken the mine,
but he knew o: evidence against II. The directors
introduced the names of the American Minister,
and Jay Cooke McCuloch 4 Co. order
make tho public believe they dealing with
respectable men. Witness knew nothing Of any
relations between General Schenck and Jay Cooke
McCulloch and Park; they had no eTdcncc that the
mine had ever been worked before; the estimates in
the prospectus based principally upon Professor
Siman's report Park often spoke OF SIilmans high
character the evidence that there large quantity
hand also based upon Siiliman's report;
Park guaranteed he would make good any deficiency
This respect; Park Stewart said they had .con-
sented TO become directors order to give tho benc
III OF their experience TO the company, but they never
said they had been asked to become directors Witness
thought that .sagrec would havo been better word
General Schcnck, account OF tho unexceptional
character of the enterprise had consented become
director.
Mr. Boach-Thoso questions as to the prospectus are
all to be considered under our objection.
Witness continuing. said that he did not know that
Kemp. Ford Co. DO paid anything except for
their work on auditins they were paid, and fright
ful charge they made; the directors refused to pay
them for long time. Witness did not know they
were 81 0cO in FREQ shares; they charged
ESQ for auditing the books but It was compromised
aterward; Park told US that Stewart ono OF the
parties TO the compromise by which the company got
The nine neither Stewart nor Park ever said that
worked out minc, nor that the Emma mine party Of
New YORK had inen working to keep up Is reputa-
m n m
lrea; confluence whenever he addressed them;
beueved hlm he admitted that he was Jointly inter
rstcd speculation with Mr.. Park; he Knew nothing
about MINING personally SO far as he n,cricred with
IN America il was only AS It concerned managing the
mcrcantie affairs OF The company; he did more than
III however; he went through the mine; he thought
he understood what he saw, but he was very much
mistaken.
Cross examned-Hc never asked Park IL there
than Professor silliman; Park sad hc
had HIM; witness do not know that Sill
mans iaher had been dead more than twenty years;
witness had only a. general idea OF the name from
reading Suimdn's Ndga,tne; hc did not know which
of the two silmans had the highest reputation; he
bad not heard shortly alter the organization OF The
mnc that Jay Cooke, McCulloch Co. claimed f25 900
commission; he had heard OF some claim OF
El0 0Oo but did not know what IL for; he dld
lnow that Park refused TO pay them and that Grant
Id pay them he thought that the corrections in the
srat Of the original prospectus were IN Parks hand
writing; as TO the quantity OF ore on hand Park did
lot profess have any knowledge except IRON sin.
mans report; Gid not remember that Park was sur
priscd at the statement that there was more
hand than lie thought; trustees were appointed
lake care thai no money was 10 be paid until the tto
10 the mine was examntu; the purchase money was
retained until 1t was certain from Mr. Evarts cxami-
nation that tho title was good
The Court did not Know that the titlo in
question.
Mr. Stoughton-rhe Illinois Company contested L.,
and Mr Anderson was sent out 10 about IT, the
matter was compromised by paying the Illinois Com
pany sl0O COO and this done by Park and Stewart.
THIS slOoo 600 only 10 bc months dividend, but
unfortunately dviccnds were never paid. TO this ex
tent the title important fact
Mr.. Pheps-There IS IN this complaint no suggestion
OF any failure in the ti,lc OF prciencc that
defect the title: but
thought wise buy the tunnel OF the Illinois Com
pany, although that company defeated. pcrpct-
ual lnlunc,ion and S5 COO damages being obtained
against them. Park concurrcd IN tie wisdom OF this
II thought best to buy IN all outside claims 10 pre-
vent continual Gackmalipg suits
Mr.. Stoushton-lt was q compromise and that CON-
promise cou,d not settle others
The dcpositions of Mr. Brydscs Willyams then +
read Witness testified that he was partner in The
hIm Of Syms, wlyams Il Co. ON cross-examnation 4
he said he had practical knowledge OF mining or /
OF smelling: he sent out In January, 1872, to in
qulre the affairs OF the company IN Utah; tho
Board offered hm 81, ,0uo but he required 5000 Tor
lis services, Park paid him the latter and also
gave him call 1000 shares nj Ell per share. wit
ness TO have Whatever the shares made above that
sum- he subsequently made a favorable report OF the
mine ma toegraphed To Park TO take some OF the
shares he had knowledge OF the various payments
made 10 all the parties who mad their names 10 appear
In the prospectus.
read. He testified that Park made the stautory dccia-
ration before HIM December J. 1871 The testimony
OF James Coates was next read. Witness testified +
that he was broker OF The nfm OF Goats e. Hankcy;
hc acquainted with Fisher who was osicnslby :
counsel tor the Americrn Minister'S he had heard OF
Inc Emma by report; III conversation with Mr.
Park, The latter explained what the Emma mine was
read Of tho reports witness said that they
could 90 nothing on thcse, but they must have some
independent reports OF the mine witncss asked who
was The Murchscn OF America, and Fisher replied.
lob, Professor Siliiman; II was thought that they
could get him give up ut his class at college;
Fisher said he would telegraph to General Baxter
and what they could 10; Park SAID he wanted
81. 100000 sterling for the minc, but he would sell
only one halt; nothing would induce him 10 sell the
rcsi excepting ior 500 payments. To he in pad up
stock; he would give fl0o, 600 TO any who would
run the risk of placing one-ha OF ~ Fisher said ne
wanted a large sum money rom the witness lor the
introduct of the mine; il was finally brought
10 per cent. AT this stage the Court adjourned
till this morning
AFFIDAylTS AND COMPLAINTS.
Iu suit brought by John Titon ard others against
the United States Life Insurance Company and Others
mn important decision has been rendered by Judge
Van Brunt, OF the Court of Common Pleas. The
Judge holds that the examination OF parties who are
made defendants in expectation or hope that upon
their examination some cause OF action may thereby
be discovered against them against any CO.
defendant, will not be allowed where no
OF action shown ny a1idavits TO
exist at all, afdavts on mere Information and bccf
being wholly insufficient TOR such purpose. The
came before Judge Van Brunt Oh motion to vacaic
an order requiring the DEFENDANTS, James Buell.
Charles T. Fraicigb and Jonn h. DE Witt. TO be exam
ncd the part OF the Plaintiffs, for the purpose OF
enabling the piaintns 10 mako ana serve their COM
plant IN this action the defendants basng their mo-
ton upon tho ground thar the atldayls OF the plain
trs upon wnci, the oruer Tor cxsmDatiou rs founded
contains evidence oi tile existence of any cause OF
action them III favor oi the plaintiffs, and that
they have been made parties oy IN the cNnccation or
hope that tnc examination some cause of action
may be dIscoycrcd against their co-deeEdant, tue
United states Life Insurance Company. The following
Is the substance oi Judge Van Bruns opinio showing
the relation between aihtayits and u compiaint;-
Ihe allegation OF a fact upon Information and belief
In n complaint without stating any OF the evidence
upon which that belief Is founded, Is perfectly good
bccause IL the duty OF the pcadcr 10 state
the upon which he believes bs cause o: acton is
founded and any part oi The evidence tending To
establish those Iacts The Office OF affidavit
uicrcnL An affidavit must not only state iscis but
also tue evidence tending 10 establish those facts II
Is the OF tho evidence disclosed IN an affidavit
that gives II its influence. Tho Court nust be sas
ned evidence which the affidavit contains that
the facts emitting the party TO The remedy sought
4. Ilnra lulln inxk iitAnE