New-York tribune., 1877-04-30
EMMA NINE CHARGES,
MORE LITIGATION FOR Mr.. PARK.

MORE LITIGATION FOR Mr.. PARK.
NJ. STEWART ARE ALLEGED TO HAVE DECEIVED
AND BETRAYED AMERICAN sToCKHoLpERs-NEw
SUITS BY MEssRs. CHISHOLM AND HUssRY-A
VERDICT FOR THE DEFENSE IN THE ACTION BY
THE ENGLISH COMPANY.
Robert b. Chisholm has brought a suit
against Trenor W. Park and H. H. Baxter for 1909 900,
and Warren Hussey suit against the defendants
and william NJ Stewart for $3.50 O0O the substance Of
both suits being damages for alleged fraud by which
Mr. Park obtained the plaintiffs shares in the Emma
Silver Mining Company of NewYork, the company from
which the Emma Silver Mining Company (I.imited) Of
London purchased the mine.
Ii is charged in complaint that a conspiracy
formed by Mr.. Park with H. H. Baxter, President Of the
New-iork company. go-between in the other COM
plant II Is charged that all three conspired together to
cheat tie other stockholders That in pursuance Of this
Mr.. Stewart though knowing that 100000 had been
paid in cash. and that the shares being eagerly
taken III London at and above par that the 10000
shares belonging to the stockholders Of the old company
would almost certainly bring in 95O00OO met the
hhclders and their representatives Dec but told
them none Of these facts except the agreement for
sails ia charged that Mr. Stewart told them that Mr.
Lyon, VINO was then In London making great deal
Of trouble and 1t necessary to buy him of that he
would take 1000 shares OF the company stock
but nothing less that he stewar and Mr. Park advised
n settlement Win Mr.. Lyon at that rate, ana Wis'eu
the shareholders to subscribe their pro rata This II Is
stated false Mr. Lyon having already agreed to sell
for 5000 900 Under this the stockholders, ex
cept perhaps Mr. Baxter subscribed their shares, Mr.
Chisholm giving up 77SA shares, leaving him 5,2l0
shares.
II Is alleged that Mr.. Stewart further represented that
a great many of the subscriptions England were hc-
tous. though large amount had been subscribed for
that of those not fictitious they could not tell how many
would really call for their stock that subscriptions
payable in instaments running some months
Grant to receive alOO OO0 that they had incurred
very heavy expenses, which would largely reduce re-
cCpts that they had to large interests in The stock
OF the new company TO secure the names OF nfnenta
close that the 900 shares of stock tied under
agreement with Grant for nine months, and could not
sso Se sS a or S'a % a uenany a WAS sVns n trouble and
the new English company was demanding bond III
unwilling 10 give unless largely paid and that in view
of all these facts impossible to say what II any
It is charged that Mr. Baxter had been kept fuy in
formed by by odo M + fa M as TO- o i6e % r hcea ana t m o
him. and that he knew Of the agreement with Mr. Lyon.
yet yet at s geg m o as TO T"e .ad oa aGSe' be o he
acquiesced i'll Mr. stewards suggestions and urged me
necessity Of giving Mr. Lyon 5000 shares OF stock nc
recommended the acceptance of an agreement which
Mr. stewart submitted, Offering %j0 share ior tie
izad to offer II is further charged that Mr. EaXter
stated ntr1tiul thai he was Willing to i H ms snaT,s m
over 10000 into the agreement and mat ne wahtSa O
close out his interest and AZ he sad' get ou' OF the
cursed thing" to-,
Representations OF Mr. stewart alleged suppressons
Of on the & OF ha M m ark S bad eS .
tied for small sum he claim OF the San FTi.,lsoO
abou: the time OF the acrermcnt that monthly diy
ded the rate of IL per cent bad been declared in No
stock of the company to s25 per share, the par
value henS a20 and that The stock belonging to thr 9a
company was sold at prices varying from go 10 f3o
Mr. Chisholm says he has received 500 200 and II the
agreement by which he sold his stock is void as Ge'n%
Dl,to Inv DSSiou %
MIR Park when acting as trustee ne claims ms snare -
%8oQGOV and asks he an ice wn o erSs es ro in more
5000 the defendants aud above the 800
share which they paid him under frc agreement Of De
ccIlber 1871 ana asks account -. Mr., HIsscy's
suit is IN the Superior Court Mr. Chslsis Is IN the gu
prcmc Court OF this state The sunnohs III "ch sat nGS
been served Scuddor & Carter alIear for the iunn,
Robert B Chisholm; Fullerton, Knox crosby t"r 'he
THE VERDICT IN THE LONG TRIAL
In the suit by tie English company, which was begun
last December the jurors who retired at o:3o h ID Oh
Friday reached agreement after nearly twenty hou'5
deibrration coming into court at l;lo O'CLOCK Oh na'i
dav afternoon verdict for the defendants: ON the
first ballot they stood seven for the Defendants 10 Tour
Tor the plaintiffs After soine discussion snotner paIO'
ts and the vote remained the same through thc nIght
and until the na agreement the following Afternoon
The night In Jury mUst tedious one, Cspe
cally Tor OF the jurors william H Ashs VINO mas
been suffering from 1imnS,"y H., n cn nnI igr
soon after entering the room During tue lnhg nRht ne
recued upon the table suffering intensely, taking no
part he but signyng his desire TO vote
I with the majority on each ballot.
About o'clock Saturday morning the jurors cent
TO Judge Wallace several documents, nd they were
Dermttcd into court Tor some general lnstrlc
lions They again retired with the Emma Mine pr0spcC
us with Parks the proof sheets, Pfo
siinans report, Pref Bakc's letter. ana other d0cu
MEETS about two hours they sent word that they
hnd agreed upOn verdict. In the courtroom there was
q small knot OF people awaiting the result number of
pers1ns had been in attendance AT the opening OF the
court but dsa greement had been generally anticipated
and most of them had gone away TrrnOr W Park paced
m and down the courtroom reslles5ly, sitting down
with bowed head at times and ncrvOllsly lumDing bis
watch chain IN a vain erdeavOr to keep still Gen.
baxter his codciendant cool ANA composed as ever
and the thought OF the five millions at stake, ana The
possibility that he might have 10 pay half oi IL, evidently
did not occur him. Prof Siudn, whose reputation
was TO certain extent involved in the suit, occupied
rear seat within the bar and looked anxious and care
worn. lawyers both sides accustomed to such
slsnese had difficulty III controlling t"elr nerves ana
M er cointcnances Considerable delay was occasoncd
on the return of the jury 10 the couri-r0om
NV the condition OF the rheumatic Juror "a
very corpucnt person, who had TO he carried down
stairs The roll OF tire Jurors was called ana Tie usual
nurstiuDs were put ana answered. "f0r the deitnd-
suis :" s,id the oItinan A mild burst OF applause came
from the friends OF the defendants, d wh0m Mr. Chlt-
tcnden waved his hands dcprecailngy. MI Park sat
inurJaty in front OF the Jury with is head resting on
hi. hands the tears rolling down his chccks-tho only
cmojon he had displayed since lie wcpt coponsy when
his cnnusel Mr. Beach called him great aud good aud
much abused man. words to that erect