The New York herald., 1877-02-14

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citizens OF the site OF yermont-acquaintance and
friends of all the days Of my LIE. that was
reason he (counseD was here today to defend them
against the charge embodied in the complaint THIS
action would have had little show In Vermont. There
are upright tribunals and ures there and shere
defendants are known and have the reward oil long
lite OF absolute and unquestOnable integrity, and
there Mr. Park has passed the beet OF his days ana
known not merely AS . man who has started trou the
humbest beginnings, but who has achieved fortune
from his Efforts. The defence has been clamorng
Tor a trial. and II IS not their fault that II had not
been tried long Counsel then proceeded TO give u
general outline Of the history OF the Emma Nine
tran action from The STANDPOINT OF tho defence
In 1871 The nine was OF The ost celebrated Tor
he period oil its duration the of the carth IL
had very widespread reputation, AN extent OF pro-
duction that had never been reached. That was the
Emma Mine US II was supposed 10 be when the pro-
prielors OF m-men among the most respectable citl
zens OF Salt Lake City, all OF them honest Gentiles-
brought II to Parks notice Park and pur-
chased the nine, at an enormously high price con-
siderng the risk be the ,ltie The enterprise
went on under his management making an unparalleled
profit; then taken TO England, the great mining
mart of the world. aud sold upon what representa-
tons TOOL don't need To be told that you could not
so into such a market and sell property upon your
representations II was sold upon grounds which
necessarily covered the value OF the mines careful
and complete verhcaton OF all the profits OF the nine
from June, 1870, down to the time II was sold, so that
the purchasers knew 10 iarthng from examinations
they made the exact product OF the mine. II was sold
upon elaborate examination by the most expert
enccd mining expert IN America, acting Tor the pur-
chasers and pad by the venoersProiessor Silliman.
The title submitted TO William ~ Evarts and passed
by him. 1t goes along for few months, pay ing dvl
dends nj the ratio OF hal per cent mouth;
but presently from some reports charges,
crcuiarsthis vague stun we have had so much othat
the Emma Nine was a humbug Park would not sell
share OF stock while these reports in circula
tion and he told the directors they had better tina out
before they went any further and see # lney were
cheated II they not tired OF their bargain then
he would talk about selling them of the Ameri
reserved stock. Al Parks expense they sent
over the principal OF Cornish hrm, who took
him Law ence, the novelist; reinforced himself
here with Sllliman, went 10 the mine and made an
examination, returned 10 England, and there macc
representation OF the NINE gong beyond the utmost
that had ever been said OF II before Park shortly
after that back to America Soon there occurred
unfortunate in the mine and an outbreak with
the Illinois Tunnel Company and the stock fell sud
denly going down Els, The par value being E20 and
even Parks agent got scared and sold part OF me
stock, Park aftorward buying II back. Stanley then
went to the NINE, and not IN friendly spirit but he
compelled admit that ho formed very iavor-
able opinion OF IT, This about year from tho
time oil the sale; the dividends being paid right along
Finally, Mr. Anderson, member OF Parliament for the
city OF glasgow, came over and the He.
too went back and gave his opinion OF the mnc that
went beyond even tho Cornish miners report The
stock again at premium. Alter the company
had the mine IN their hands year, ana had male
100000 out Of It, Park offered to buy It back for
S. 000, 900. The company did not care TO accept the
offer, and as the NINE stood then iney would have
been foolish to have done So Not long aIterward the
mine taken entirely away from the American
management the profits keeping up, and Atwood took
charge OF the NINE In short time II was exhausted
and had to be abandoned Alter It got INTO that pre-
dcamcnt large sum of money. over ST. QUO, 900, was
out, and II not known who got certainly II
the stockholders No reports were made, ana
no attempts to get information ever succeeded. Alter
q while the source OF revenue stopped and tho nine
became really exhausted-stopped. played out, done,
hole In the ground; but they had got $4,000, 600 out
Of II. On the painest showing, because tho work
not prosecuted in the proper way, it stopped.
Instead prosecuting the work they began lay the
foundation Tor lawsuit by going 10 Park Il riiling-
hams; he had sold them an empty hole surrounded
by limestone They refused TO allow Park or his ex-
perts examine the mine or work II at his
pensc, he had pronered to do Counsel In his line
of argument asserted that he would demonstrate as
nlV iCul
onsrate that the vein Is still there that It's value
just great that all that needed intelligent e
tort, that quarter OF the money expended this
litigation would have rcope the wealth Of the mine.
But Mr. Park attached the mino because the company
It under the attachment 1t was his (counses 81 tuut'
that Park held the mine he told Mr.. Park 10 sell It
and work Il, and SO demonstrate anew ts value Tho
opening OF counsel occupied tho whole OF the session.
and Will be resumed this morning
STREET CLEANING ASSOCIATION.
The suit OF Robert L. Fowler vs. Solomon Mehrback
and others, which is an interesting OF
its connection with the schemes OF the old Ring"
brought Tor trial yesterday, before Judge Van
vorst holding Supreme Court. Special Term Its pur-
pose is to have a judicial determination made
the ownership OF the real estate which belonged to the
"street Cleaning Association joint stock company
the membership Of which composed OF william NJ.
Tweed James NJ. Sweeny. Shepherd +. Knapp, John
L. Brown, William NJ. Tweed, Jr., and Others whose
names are familiar to the New York public. The
Street Cleaning Association was formed in the year
1862 and succeeded 10 the business OF John L. Brown,
who at that time held contracts Tor cleaning tho
streets OF the city. Brown was well known
and at time very rich city contractor.
Ho was the protector and President Of the
Street Sweeping Association and appears to have
been fully empowered by his associates to manage
the business and attend the purchase aud sale Of
thout tnn
with them. One OF the schemes undertaken by tho
company was the purchase Of sunken lots tho upper
part OF the city, the side, which lots were
TO be filled IN with the refuse gathered from the
Streets and thus raised to the grade OF the adjacent
avenues and streets, and when thus brought up to
grade expected the lots would be sold graotly
enhanced prices. The lots also afforded convenient
dumping ground Tor the association. 10 carry out
this plan Brown, on behalf OF tho Street Cleaning AS
sociaton, made large purchases OF sunken lots, and
1872 held Tor that company several large blocks Of
ground extending from Ninety-ffth street on the
south TO l0lst street on the NORTH and IRON Second
avenue 10 tho East River. From this is TO be
cepted one-half block on Ninety and Ninety sixth
Streets which belonged to Jonn L. Brown, Jr., but
which was aferward conveyed by him Tor the benefit
OF the Street Cleaning Association Early In the
Of 1872 tho Street Cleaning Association terminated
its career, and all the wagons, tools and
personal property belonging to It we're transferred 10
the Police Board OF the city, winch from that time
dertook the duty oi cleaning the streets. The real
estate OF the company, however. amounting to about
$500 900 in value renamed for disposal. The company
had never taken title 10 the land, put II remained
der the control Of the elder Brown. He sought to
make dspos'n OF 1t TO various parties Tor the benefit
OF the company, and IN or about september, 1873, be
entered into contracts with the defendant, Solomon
Mehrback, for the sale OF all the land and conveyed It
all to Mehrback for large consideration. The half
block owned by John l.. Brown. Jr., was included in
this conveyance, and as the purchase price OF that
halt block Brown Jr, was given promissory notes Of
the street Cleaning Association for s295l2 2s and
mort gage for 500, 900 upon all the lands conveyed
Mehrback. This mortgage was subsequently limited
SO as to cover only the two blocks OF ground
affected by the present SUIT. In the deed TO
MehrDsck certain rights and profits on sales
OF lots reserved to Mr.. Brown, Sr., as
President strcst Cleaning Association. 1t does
hot appear that Mehrback sold any considerable num-
bcr OF lots but he did make advances OF moneys tor
lakes ana assessments, ana he paid to Brown Sr.,
part OF the purchase money OF The lots BY the
rangemcnt with Brown Mchrbach became owner
OF sixty.one hundredth parts OF the property,
and IL agreed that order 10 realize the whole
number of lots they should be sold at public
ed the agreement; and facilitate