The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-12
Two New Suits Against Park
and His Partners.
HOW LITTLE EMMA WAS SOLD.
"Financiering" Extraordinary in
London and New York.
ONE MILLION DOLLARS INVOLVED.

passed of the boards of the law court to make room
for two others brought by his American partners and
quondam friends Tho 1rst OF these is brought BY
Warren Hussey, Of San Francisco, who came 10 Now
York the principal witness for Park in the English
suits. He imagined that Park was and bad been his
friond, but the developments Of the recent trial
opened his eyes and he that he had no been equi
tably dealt with. While Park was buying Emma III ne
stock from him for $780, currency, no WAS selling It in
London tor $l17 gold This and several other inter.
estng details forth In Mr.. Husseys complaint,
which has been served on Park and his partners, H.
H. Baxter ana William IL Stewart, by Messers Fuller
ton Knox and Crosby. The complaint scts forth that
prior 10 the month OF April in the year 1871 cor
poraon been Incorporated by and under the laws
OF the Territory OF Utah, under the corporate name
and title Of the Emma Silver Mining Company
OF Utah. That tho stock Of said company was owned
by the following named persons, to wit:-Thc defcn.
dants, Trcnor W. Park, H. Henry Baxter, Robert b.
Chisholm James Smith, James NJ. Day, Joseph r..
Walker, Samuel 8. Walker, David 4. Walker, Matthew
H. Walker, Francis ID. Gift, Minerva n. Cunnington,
and tho plaintiff, Warren Husscy That tho persons
last Aforesaid being tho owners of the entire stock OF
said company on or about the sth day OF April 1871,
made and entered into certain agreement writing.
TO which agreement tho plaintiff refers, as part Of
this his complaint That in pursuance OF said agree
mcnt the entire stock OF said Emma Silver Mining
Company OF Utah was transferred the books OF
tho company, as in SAID agreement authorized
CHANGE OF BAsE
That thereafter, and in pursuance OF tho agreement
aforesaid, and on the 2eth day OF April. in The year
1871, corporation known as the Emma Silver Min
Ing Company OF the State OF New York was duly in
corporated by and under laws of said State That
thereafter aud before month of September in said
year tho company last Aforesaid became the owners
OF certain silver mine, situated in Little Cottonwood
mining district Sal. Lake county, in the Territory Of
Utah, belonging to the United States and known
the Emma Mine. and of all the property incident and
belonging thereto That tho capital stock oil SAID CON-
500 per share
That the defendants. Trenor W. Park and II. Henry
Baxter were the owners OF and entitled to VI
the company before tho sale disposition
thereof hereinafter referred TO- ana that the plaintiff
entitled 10 and the owner ofone-eghth Of mo sad
stock before the sale thereof hereinafter referred to-
That the certificates shares Of tho said stock TO
which the several parties interested therein emil
sled were not In tact lssuei or delivered
That the rem Ainder oi said stock was owned by The
folio wing named persons, TO wt:-Robert b. Chisholm,
James smith, j. r. Walker. Samuel J. Walker, ID. T.
Walker, NJ II. Walker, Francis d. Clilt, Minerva NJ.
CunninRton and James N. Day, In proportion to the
interests which they respectively held and owned IN
the stock Of Emma Silver Mining Company Utah.
That thereafter. ana IN the month OF July in the
year 1871, the Emma Mining Company oil New York,
aforesaid. and the defendants, Park ana Baxter, and
w
snd in pursuance OF the authority conferred upon
them designated, authorized and empowered the do.
ieudant, Trenor W. Park as tho agent and trustee Of
said pany the parties interested the stock
thercoi, TO proceed to England for tho purpose OF
snecting. and with authority to effect and mako
SAID sale q aa sas ana ne
the mon Is Of august a isal wen; to Eng.
cry behalf vi the OF the stock OF the sand
company That on or about the 18th day OF August.
1871. agreement was entered into by and between
she said Emma Silver Mining Company OF New York,
through H. Henry Baxter who then President OF the
SAID company and tho defendant William H. Stewart,
BY which the latter to receive per all
pacs made. On all sales OF stock that would realize
she entire stock 000 000 addition 10 such
excess beyond the sale that would realize
The $3,0O0,O00 for the entire stock. On
Al salss that ao o would realize ior the entire
and such four per cent before mentioned the further
sum OF live per cent on the excess beyond the rate
That would realize tho s. 000 900 Tor the entire stock
That the the said Stewart made the agreement
he attorney Tor one James T. Lyon, who had there
Ioore claimed TO have tite to one undivided third
oil the silver referred to and acting Tor and
pn behalf Of said Lyon, and his counsel he had en-
Iered agreement with the said silver mining CON-
pany. known the Emma Silver Mining Company
limited with a capital stock OF fl 0o0 900 sterling.
ALLEGED CONSPIRACY TO DKFRAUD.
For the purpose oil cheating aud deirauding inc
plaintiff and other stockholders OF the Emma silver
Mining Company Of New York out Of their stock, by
inducing him and them to dispose OF The same at much
less than then real aud market value. the defend
ants after the execution OF agreement wrongfuiiy
unlawfuly conspred together to secure, by means
oil iaisc and fraudulent representations and conceal.
mcnts IN relation the sale anu disposition which had
been made Of the property and interests aforesaid,
them BY tho plaintiff and other owners thereof
and Of their respective interests therein ana fur
therance Of their said scheme and conspiracy
!. was arranged BY the DESCENDANTS that
Eugland, should return to New York before
she plaintiff and the other stockholders aforesaid
could learn oil the actual condition OF affairs, and,
nc COniunctiOu with the defendant. Baxter
should contract for the sale OF stock oil the
plaintiff and others 70 the defendants
Accordingly Stewart returned TO New FORK leaving
PARK in England and, in conjunction with Baxter. on
or about the 7th day OF December, 1871, met IN inc
Sodsrs Of the Emma Silver Mniss Company Of New
York. their representatives. and thcrcupon stewart
falsely and raudueny stated and represented to tho
plsnt and the other persons aforesaid among other
things, as ioliows:-That the said James 4. Lyon,
who was then IN London, Enrland Was making
sSsm,S S theme ne .or,s ~ con.umms,e 'he
sale OF the company's property. That in order 10
stop the trouble which the said Lyon was making u
settle with him for 5000 shares Of the stock OF the
Emma silver ming Company oil New YORK. as he had
sgreed TO take that sum- but that he would no, 'ake
tStewar and the said Park advised settlement with
said Lyon At that rate and that they desired the plain
iii and other shareholders to contribute their pro rata
for the purpose making the B. 0U0 shares
oil stock 70 be used IN settling with Lyon.
That they (mcaning the SAID Stewart and the SAID
Park had made agreement 10 sell the properly OF
the Emma Silver Mining Company Of New York 20 Al.
bert Grant, OF London, Eugaud Tor 81 900 ster.
ling OF which $500 900 be IN tho paid shares OF
English mining company and tne remaining $780, 900
In cash. That SUBSTITUTION books for the stock oil such
English company had been opened, and That a large
amount oil stock had been subscribed ior but that
great many OF tho SUBSCRIPTIONS were hctitous That
oil the subscriptions which we're not nctous they
could not tell how many persons would really call Tor
their stock That tho subscriptions we're payable
instruments, running over periods oil some mont his,
that the books closed they would proUa
bly, have TO take enough subscriptions through hcti
sious names TO mako the full amour. $500, 900 10 be
for That OF tho cash which would be paid
IN Tor subscriptions Albert Grant was 70 receive
flOO 900. That they had also incurred very heavy
rxpen scs which would very largely and materially cut
down tho cash receipta That in order 10 make
sale oil tho property IL had been necessary to pay
put 10 addition 10 tho payments 10 Albert
Grant very large sums OF money, ana 10
rive very large interests tho stock Of the new
in order 10 secure and cooperation OF
pcrsons whose influence II was very important that
nov should have. That they were not At liberty 10
iiscIose either the Of the persons 10 whom, or
ho amount OF the money and stocks paid and given or
be given 70 she persons referred TO- but that the
'l.iutiT and other Stockholders OF tho Emma silver
MAG WI nat m nj aka