The New York herald., 1877-03-01
EMMA MINE LITIGATION.

The suit OF the Emma Nine Silver :ning Company
resumed yesterday, before Judge walloce in the
United States Circuit Court equity branch. The usual
array of counsel present The defendant, Trenor
w. Park again called to the stand. but CON-
peed after brief examination, to retire. from Illness
Silas Williams was then called TO testify. He said he
had been superintendent Of the mine from August,
1871, to March, 1s73-up 10 the time Of the appoint
of tho second Board Of Directors he usually
ployed thirty i've at the mine. In reference TO
Professor Sillimans advent the scene, he said hc
made acquainted with the proposed visit OF the
Professor in the usual way, customary when
any stranger OF consequence visited the mine, that
everything about It might be put In the best
presontable order. Beyond that nothing was done
TO deceive the visitor in any way. When Professor
Silllman the mine witness supplied him with
pick and sack to contain his specimens, with paper
and pencil to take notes and torchbearcrs to furnish
the necessary light. and then escorted him through
the mlne The Professor prospected around and Sc
lectcd specimens tor himself IN various parts OF the
mne and these taken by him TO the assay Office
and assayed. No effort had been made hx things
up-al was done above board, and in that way sub
mitted to the inspection OF the expert With regard
TO Mr. Il. Bridges Williams examination OF the mino
witness testified that Mr.. Williams had expressed him
self entirely satisfied Of the value OF toe mine, and
said Mr.. Williams, ~ do not what nybody says
now; have and judged II for myself
Mr. Park returned into court and he again took tho
stand. His testimony was interesting relating par
ticuiarly 10 General Schepck's connection With the
mne He first produced receipts OF teamsters who
eral Schenck no related the terms Of bis contract
with General Schenck; the latter witness said APP
Piled to him for an allotment OF 900 shares, and wit
advanced him the money, taking the STOCK as SO.
curty; General Schenck subsequently sold twenty
five u lady in Paris, tho money tor WHICH he
turned over TO Mr. Park in payment OF his note for
the stock advanced, General schenck rotaning the
balance Of the stock, AIS shares; at tho
time this contract was made with Schenck
there was no thought of making Schenck
director OF the mine by any onc at that time 1t was
arranged that Baron Grant and Mr. P9leston were TO
IN ha rd. Att md baen n n
Senator stewart and witness were talking OF the d.
rectorshp, aud then Tor the FIRST time Schencks name
was suggested as DIRECTOR the fact OF Schenck's
holding a high official position at the time was CON-
melted on by Senator Stewart, who said he saw no
improprety in II; the subject was then broached to
General Schenck, who took the matter under consider
alton; the day following Schenck camo to US and
the Board, and he knew that they were men OF char
acer honor and integrity, he would consent 10 go on
the Board OF Directors, which he aftcrward did. The
case Will be resumed this morning
IMPORTANT BANKRUPTCY CASE.
In the matter Of the bankruptcy OF Gilbert Bam-
berger and Simon ~ Cans order was made on the
10th February referring the taking of testimony rela
ing the disposal condition Of the bankrupts' prop.
erty, The assignee claims that he found several
thousand dollars worth OF the bankrupts' goods IN the
store Of Edward Dreyfers, at Rondout N. Y. Drey-
fers claims that bought the goods Of the bankrupts
before their failure. He also claims that he found
twenty EIGHT OF goods belonging 10 the bank
rupts OF tho value OF about $20,000 In the store OF
John l. Bulzels L. Sons at Saugertes. party claims
those last mentioned goods are his or that he has
a claim upon them. On tho examination Of Lew. a
clerk OF Edward Dreyfers, counsel Tor the assignee
requested that Dreyers leave the room during Lewis
examination as witness, who thereupon Withdrew.
The question Is the assignee right excluding
this party IRON the room? Then the Register reports
that Joseph Smith. attorney Of the courts Of this
State, appeared counsel for the bankrupts Objec
tons thereto made on the ground that Smith
had been admitted to practice. The Register held
the objection good. Tho question was raised whether
this decision was right. smith was subsequently, per-
mited be present and take notes OF the evidence
other points being submitted Judge Blatchford ruled
with regard to Dreyiers leaving the room when re-
quested, "no point Is raised" With regard to Smith
he .'acQ uesced in the ruling of the Register" With
regard rights Of bankrupts TO have counsel
the examination oi witnesses other than themselves,
''it IL proper 10 say they have no such right. The
bankrupts have no right to cross-examinc the wit.
nesscs. -