New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-14
THE COURTS.
EMMA NINE SUIT.

| OPENING OF y. j. PHELPS FOR The Dyyvvsv
CLAIMS THAT THE MINE IS NOT WORKED orr,
Judge Wallace, at the opening of the FINN.
Mine case yesterday morning, denied tho defena..
motion to dismiss proceedings or direct verdict "a,
| defcndants, and f. J. Phelps began his open,nv 80.
for the defense After commenting the na,nrp - -
proceedings, and pronouncing the Defendants ma, .
the highest character euOgfzing Trenor w. Park n
tcular, a "who, from the time be started 49,,
bsrefootcd boy in Vermont, had not only carved o.
fortune by his ability, pluck and industry but had
a reputation among those who knew him for un,,.h,
IN every dealing Of e, Mr. Phelps proceeded q o,,..
the for the defense.
He said that at the time when Park came IN r,.,
Of the mine IT was one Of the eelebrated IN ID,
world and that under him and It's associates s uro
ton unparalleled. The owners went IN pn.,.-s
the great mining market OF the world WHERE Tho -
ness OF the mining capitalist In making nvs.,.....
leaves the proycrbal Yankee far In tho shade
sold, not representations-'a fool does NJ. '
~ be told that"-but on u careful accurate and -.
hensiye verifcatoB Of the proof Of every porn6 =, ~
taken out OF the mine from 1870, when IL began q, %
down TO the dag when It was offered for sale IN
purchasers knew to the utterncst arthing the o,o,
ton Of that mine, not from what had been told them has
from practical observation, the elaborate re,, q, ,s
greatest mining expert in Amerca and those OF tbs
agents sent out by them After the sale Of tho -,
lhaf "a
comparatively worthless, and Mr. Park. who l..l1
OF the stock, notice shareholder. t,o.
would not consent to the further sale OF sock p,,n.
committee appointed by the Board Of Drector. AZ,
proceed to Utah and examine the mino 10 ssesrtsn ~
truth fslsity Of these reports. T. Bridge. wJv.,
experienced smelter OF ores 10 Utah fonr
the mine had been sold, his report wa, thu, ~
mine was OF greater value than had ever been r,pr,
sented After Wilyamss return aud report. SIR Park A.
a public meeting of the Emma Mine shareholders osers
to buy at par the stock OF any person who vls,ed n,
tire from the company. In June, 1872, the mine "a,
visited by Mr.. Stanley, another director who made M.
favorable report and in August by Mr. Anderson chair.
OF the Board OF Directors who wrote TO Mr. Pr,
after two months observation OF the working q, ,ha
mine, expressing the opinion that the pronertv
was OF immense value. Up TO this time H.
the cavipg in Of the tunnel occurred tss
rluors that the mine was worked were siarsd
il down TO -. Instead ~ prosecuting the wo.k-a.tn
plaintiffs witness, Atwood, tho superintendent OF tbr
mine. compelled 10 admit under eross-exsmInsti,
he had urged them tO dO-they went to PARK and ala
A" Here Is the hole surrounded by limestone uek I'm,
which you got five millions from US" Tley refu,.d
everybody admission to ire mine, refused Parks Offer 10
Dd the Vein at his own expense, and wOud let no ooe
except Atwood and Prof. Blake examine the tunseI
They had not even supported AtwOOds assertion thai
the mine worked out by the testimony here Of re
experts whom they nad sent out to examine IL woaG
be shown said Mr. Phelps, by demonstration as plain AZ
science and practical experience ean NbIy demon
trate that that Of SILVER is still thcrr thst Il,
value Is as great in IT'S palmlest dzva
and that all that Is needed is intelligent labor IN 81
right direction produce the former yield one quarter
Of the money spent In this litigation woud have ronened
the mine ii would also proved that under Al soods
superinteudcEce, Notwithstanding tne charge that tie
VEN was exhausted n OOOOOO Worth Of orr had hem
taken from the No report mas been made on
that ore, the shareholders realized from t but
somebody got IT, The real party TO this suit the
Emma Mine Company but McDOugal and hs associates
who IL would BE- shown bad agreed tO indemnify this cor
pOratOB AKA INST any expense in "A suit for damages and
purely speculation.
Mr. Phelps viii continue his address to-day.