New-York tribune., 1876-02-05
PARKS LIBEL SUIT.
THE lRIBUNE,S ANSWER.

TuRoUGHoUT-THE STORY OF THE EMMA MINE
PARK AND sCHENCK-PARK PAYING FALSE DIvf-
DENDs AND CHEATING AND DEFRAUDrNG TIE
BRITISH PUBIC-THE story OF TTIR MhRIPOsA
swNDLE-PAkK AND FREMoNT-PARK KNEW
THE DEFECT IN THE TITLE-TnE NEw-YoRK,
BOSTON, AND MONTREAL HUMBCG-pARK's con-
NECIIoN WITH THAr-ABoUT As BAD CHARAC-
TER AS EVER MAN SUED FoR-How MUCH
WILL A JURY SAY II is WORTH
In the Circuit Court of the United States for the
Second Circuit and Southern District of New-York.
Trenor w. Park, plaintiff agt. The Tribune AssOci-
ation defendant. Plea.-And the said The Tribune
Association the defendant in this suit by Cornelius
A. Runke, its attorney, comes and defends tho
wrong and injury when &c, and admits that said de-
fendant is q corporation organized and existing nn-
der and by virtue of the laws of the State OF New
York, in the said declaration is alleged having its
principal place of business in the City and southern
DISTRICT of New-York
THE EMMA NINE.
And this defendant further admits that in the year
1872 or thereabouts, a certain silver mine known
the Emma Mine, situate in the Territory of Utah, in
the United States, had been sold to corporation
organized in the City of London under the laws Of
Great Britain, for the purpose OF purchasing said
mine, at and for the sum Of money AS alleged Ia said
auu III tnat the piainuh
was then and there and up to and before the time Of
said sale interested in said mine, and was then and
there very active in negotiating such sale.
And the defendant admits that one Robert G.
Schenck, who was then and there Minister Pleni-
potentiary from the Government of the United
States to the Government of Great Britain, had then
and there, by the request of the plaintiff. subscribed
for certain shares in the stock Of the sad Emma
Silver Mining Company limted) of London, and had
become one of the directors of said Company, aud
had become publicly known az connected with the
said Company and had been assisted by the plaintiff
in paving for the stock subscribed for him.
And the defendant further admits that it published
OIL the 3Oth day of November, 1875 the words set
forth in the said declaration
The defendant denies each and every fact and alle-
cation and nnuendo set forth in the sand declaration
not herein specifically admitted.
The defendant denies that the plaintiff has suffered
damages in any sum of money whatever.
Second: The defendant, for further plea, says
that the alleged belous matters in the said declara-
ton contained only extracts portions of long
article printed and published IN the said DAILY
TRIBUNE on the 30th day of November, 1879, re-
latlng to the said Emma Mine, aud the connection
of the said Robert c. Schenck and the plaintiff there
WITH and that the following is copy of the whole
of said article:
THRIFT AND DIPIoMA'1
In the reports OF the turbulent meeting OF the
NINA Mine shareholders I'm London, the London papers
state the assertion II the directors that Cen
chenck, the American Embassad0r had Dten loaIeo
slO 900 ny Mr. Pirk 10 enable him TO purchase shares
and that he secured wr ten guarantee from MI Park
colleagues, created con ilerabe amount of Indignation
We have already published MI se9tneks dr,ct test b
sui OF the Emma silver lining Com any of
London OimitodD against Trenor W. PARK and
others, and our readers know what morIfyins
exhibition our representative at thc Csnt % st 1anf5
IN made Of himself The cross was SUI
more uupea, ant. IL appeared that PARK was totai
stranger to Gen schenck until he went to London TO se
tie mine and few days after they were Introduces
each other the proposal was made mat Gen scencx
Park should furnish the money And when counsel
asked Gen schenck what object he supposed stranger
pose he seemed inclined attribute Mr.. Parks be:
havior to mixture of patriotism and oeneyolenge y
think it is prohab g" said he, PARK knew that my
circumstances not such as to IN me above tne neef
of adng 10 my income II could. He was an Amer,can %
desired that the American Minister should Do
connected With the Emma Mine; ne, into aia not 80
Gen scheuck was not allowed to escape, however win
guileless answer and after some pressure he ao-
| knowl dyed that he well aware Park wanted tho
weight OF his name accordingly feh DAY after
Hnn@nced @ that MjorCen schenck has on account d
exceptional character OF the undertaking. consented
To act 3 Of the directors"
Written agreements were made between sehench ana
.ss@nng to irk AS OF the 800 shares security for
his note OF 10000, and engaging likewise 70 execute
mortgage upon his house in Wasbingtonn II would DO
rruuired m the course OF the yea additional security,
and Park guaranteeing dividends on the shares AZ ps
mont afterwards reduced by consent TO ~. II
there should be any default in the DIVIDENDS Para was
cake back the shares at par and by tenaeilhg hes
par value he could at any tune discharge hhsel iion
the gu rantee. III, ,,.A
In a tins noticeable point is the ease with which
Geu schenck formed tlmaie Dusinss relations VIII a
sdyenturer already OF i'll repute Mr PARK was lheuun
with and understood to be one OF inc I
the Mariposa Mining Compa y, "a swihde @hlcn new
York capitalists have not YET forg9en ne wa was @ con
railroad through line On paper whose pretend.d nrss
mortgage bonds palnod OF upon the foreign mar.
inpW
suits were already pending against him on account OF
tia npyutI tOn He besides tangled up III various
extraordinary transactions III the street ad In sehea,
was the sort of person whon reps s vis
would let severely alone, and whom the AMERICAN hns
ter should not have consented even 10 meet W iess !"
have business transactions with. ,,..
II VIII bc observed that while 500 shares were allotted
to GEN schenck the assignment covers only 4'o Inc
others Gen schenck took Tor len ). - 10 70
be presumed tnct par value OF 5000 Which le seems
kept giving Park MS note iof the luli pnIease
money Acrwarl, ne states III his examination.
he purchased 300 additional shares, carried thtil wns
He received dividends at rate OF IL per cent per an
mum for l3 months 475 shares, ana lor some une-ls
il not explained how lUugOn 800. These were bs guns
How nuc he lost upon another speculation IN the saIes
made III partnership with riend ami what he pah IN
examination throws light Bat indie a. thes' matters
are not proper subjects Ot puplc inquiry Inc 1nouhs
OF the los, n which he may have become invovedby
tho sale of ahecC the gross mpropney
o his urst Instance at Will not lessen the
desire public That he should resign post "heh 10
can no longer ill with credit TO his country.
That the foregoing article printed and pub
lshed by the defendant in the belief that tue facts
therein stated were true and that the comments
upon such facts were just and proper. That the
same were printed and published matters of pub
lie news and of interest TO the public and to the
readers aud patrons of The TRIBUNE. That the
same were printed and published In good falth
without malice, and in compliance with pubho
duty on the part of the defendants as faithful jour
nasts and purveyors of news to give to the public