New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-13
THE COURTS.
THE EMMA MINE SUIT.


WHAT THE PLAINTIFF HAS AIMED TO PRoVe-cLoSh
or THE EVIDENCE AGAINST THE DEFENDANTS
A MOTION To:DIsMIss TUE COMPLAINT.
The protracted suit Of the Emma Silver
Mining Company QLimited) Of London against Trenor
W. Park and Others, which begun In the Uhited
States Circuit Court before Judge Wallace 90 days ago.
was halfnshed yesterday by the closing OF evidence
for the plaintiff The trial began Dec 49, 1875 ana WIN
brief intervals has been in progress ever since that e
At the opening tho case excited considerable pubic In
terest from magnitude Of the sum involved oooo
OOO, the prominence OF tho lgans, and the publicity
that had been given to the affairs Of the Emma Nine
Gen schenck Trenor W. Park, II. H. Baxter ana other
well known persons promptly In attendance wneh
the case was called. and the appearance or William
Beach, +. W. stoughon, r. J. Phelps OF vermont MT
Foulkes, the English barrister, aud Chittenden ana
Hubbard as counsel gave promise OF dlsp'ay
of legal ability and eloquence which hed ,ne
court room with interested hearers The interest III the
case was kept up until after the two days opening
speech Mr. St0ugbtOn but when 1t was Intimate" "'
the conclusion OF this that the reading OF dispositions
would occupy three weeks the attendance was re
duced TO such persons compelled to be present
The fact substance OF nearly all of the evidence
had been published before added TO the mOno;onous
drawl OF the readers OF the depostonr ana the oah
acoustic properties Of the court ROOM which made u I'M
possible the distance of ten feet reduced the
listeners the court the lawyers the jury and Trenor
W.
and the court rOon seldom mt rest for more tDa
five minutes at time. always attracts the Observers AZ
cntion Even Mr.. Park apparently tired az TIE dulincaS
tho proceedings Gf late and was absent from seVeidl
sessions OF the court -, a.,
After tine reading OF about dozen depositions mostly
those of English sOckIodors and bankers. tie fr't oral
witness James T. Lyon, called. His examination
extended over several days. and the results proved to be
in substance tho ame his testimony before the Con
grCssonal Committee Further dcpost0ns followed
and Prof. william 4. Blake the 7cOlnGiS OF NcWlIa'en
then occpied the stand for several days lie
was succeeded by George Atwood suptntcndcn OF tne
Emma Nine, with whose testimony Inc case IOr inc
plaintiff closed. MIR. StOughGon stated tn his opening
that the plaintiff proposed tO establish the ilct at THO
hal combined together 10 drfaud tc buyers
ny false approximations ana That the mine was
"A uOckct which had been worked out, and not "a VEN
OF silver ore In proof OF the falls representations nc
offered tho statements o; Albert Grant and several
Others copies OF the prospectus OF the mlne prepared by
and u prOOi-sLcet Of prospectus Win coffee-
tions in Mr. Parks handwriting. Prof. Blake testified
concerning the character OF tie HiI, nd shaved tle
geologic fU nations To the Iiy by ToV,rn model Mr.
Atwood testified TO the shipments OF ores ana .he
WORKING ii the nine. -
At the close of the plaintiffs ey4enco yesterday ME-
Phelps counsel FOR the defendants moved 10 dismss
the Ia direct verdict for The dccnuapts,
On The ground that evidence had been offered which
tended tn snow that the false representations alleged III
tie complaint had been made by tho defendants Ia the
English Stockholders: that the representations made BY
MI Park true. and that no evidence had been gwen
which tended To inpcach the integrity and fairness OF
PENDANTS Iieirrrcd that the should oYeule the
motion Park In order tnat the might go on
and give him opportunity 10 disprove tle ch4Nses
that had been made AGAINST HIM. As 10 the otLer dc
icHdats he Thought they should have dismissal Of
proceedings. Judge Wallace reserved his decision.