The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-12

carrying out Of the sale above referred to would make
Il necessary that the Park should remain in Lon
don long time TO the neglect OF his business N tne
United Statca That he did not wish to remain there
and he insisted TO the said Stewart that some person or
persons among the owners OF the stock OF TIE Emma
silver Mining Company OF New York should 20 20
England and take his place carrying out the sale,
unless the plaintiff and the other owners OF said stock
were willing 10 sell their shares at some price 70 DO
agreed upon.
That in view OF the foregoing facts I, was impossi.
bic to tell what, II any considerable sum- couio DO
eventually realized from the sale OF tho property aiore
said
That thereupon the defendant Baxter who then owned
onequarter OF the stock OF the said company, IN pur
suancc OF said wrongful and unlawful conspiracy, and
for the purpose Of misleading The plaintn ana other
owners OF tho said stock, raudulently pretended 10
acquesce In the statement and suggestions of tho said
Stewart. knowing the same be false with reference
said company to said Lyon, and urged the necessity
therefor and expressed willingness on his pnrt TO
contribute his proportion OF stock for that purpose,
and that no could not possibly go TO Lon
don and take tho place OF Park, and did not
think that any oil the other parties inter-
csted were competent 10 30 there, as PARK had al
ready begun the negotiations, and he expressed hts
readiness dispose OF his stock on tho basis proposed
In draft agree mcn which the said Stewart thereupon
submitted. In submitting tho said draft agreement
the Stewart stated and represented that the ex-
IRENE price which he authorized TO offer for tho
stock was $50 per snare payable IN United States
rency, according TO tho provisions Of The DRAFT agree
ment submitted.
tho said Stewart and Of the said Baxter and supposng
them and each of them to be acting IN entire good
share OF the stock Of the said Emma Silver
Mining Company OF New York, his pro rdta
s ,1r Inc ssnns Do nssa settling the
claims OF the said James T. Lyon, and tue other
owners Of tho said sock consented thereto ana therc
upon the said stewart, who then claimed 10 be acting
solely behalf OF the SAID LYON, and for tho purpose
OF misleading the plaintiff and others and in iurher.
ance said conspiracy slated and represented tnat
inasmuch he had been Ia London on tho spot ana
know all about tho sale TO the English company, ne
was very willing to sign tho contract proposed on
behalf OF Lyon Tor the 1000 shares OF stock There
upon the plaintiff and the others interested IN
said stock entered into contract The said
agreement, although nominaly In the name
ana behalf OF tho said Park, Was really made IN the
interest and for the benefit OF all tho defendants who
jointly interested therein, and with their knowi-
edge and assent and II was made and executed IN the
OF the said Park IN pursuance OF the said fraud
ulcnt and unlawful agreement Aforesaid and Tor the
purpose OF misleading ueiraudng the plaintiff and
other OWNERS Of the stock oil the said Emma Silver
Mining Company OF New York
The statements and representations made by tho
said Stewart Aforesaid IN reference 10 tho claim OF
the said Jamos 4. Lyon, and his unwilIlnsncss 70
settle for any other or less sum or rate than
5000 shares Of The stock OIL the said Emma Silver MIN.
ing Company Of New York, were untrue, as the sald
defendants and OF them well knew at the timc the
said statements and representations were SO made as
aforesaid.
the 23d day OF November, 1871 the said Stewart and
the said Park acting for themselves and the SAID Bax
ter, had procured from the said Lyon conditional
assignment OF the contract, by which Lyon had
bound himself within twenty days thereafter, 10
accept tho sum of $200000, Of which the sum OF
ne the transfer OF all his interest In tho contract
last aforesaid and in the Emma Silver Mine. And II
was untrue represented by the said Stewart that
the said lyon was Wiling take anything less than
5000 Of the stock OF said company IN settlement
Of his claim and contract and the signature OF tho sad
Stewart the contract aforesaid Tor 5000 shares OF
stock not known to SAID Lyon nor was II author
tied by him, but II was made in pursuance OF the
fraudulent conspiracy Aforesaid
IL was untrue, AS Stewart and the othcr de-
PENDANTS well knew, that large or any con.
siderable portion OF the subscriptions to the stock OF
lhe m Company
tinous
well knew that 20 make u sale Of the property II had
been necessary In addition TO the payment 10 Albert
Grant, 10 pay out large sums OF money and to give
very largo interests the stock TO secure the names
aud cooperation OF persons whose influence II was
necessary they should have
II not true, as represented by Stewart, that tho
share price oil said sae-to w.t. $500 0oO stering-was
by tho terms OF the agreement OF sale, tied up.
Baxter did not. as he claimed and pretended con- on
tribute his proportion OF stock 10 mako up the 5000
shares stock which It WAS represented was neccs-
sary to be used In settling with the said Lyon HIS
prctcnce OF contribution Tor that purpose sham,
and was made with the fraudulent intent and design
TO misead the plaintiff and others and 70 induce him
to enter into the agreement herein above sot
forth
baxter did not in good faith subscribe his and
his stock 10 tho agreemenL
II not true that the said Emma Silver Mining
Company Of San Francisco, through William NJ.
Len. or wore : sypS ,. rapS ap 70 ssc
safe Of the Emma Silver Mine On the contrary, Park
and Stewart had, at tho time the several representa-
nincant consideration settlement Of all claims by and
on behalf OF the Emma Silver Mining Company OF San
Francisco TO the property OF tho Emma silver Mining
Company of New York, and the Defendants and each
oil them, well knew that there was no foundation In
fact such claim.
II was no. true that the said Park and The said Bax-
ter or either OF them, had been compelled TO give
bond Of indemnity the sum Of e. 900 900 serng or
any other sum, guaranteeing the tito OF the Eiuma
Silver Mining Company Limited TO the mining prop.
crty heretofore conveyed to them On the contrary,
what done in that behalf by Park and Baxter, or
iii her q
In making the statements aforesaid the defendants
suppressed and withheld from the plaintiff the real
OF tho facts 10 their possession with reference TO
the sale and the terms anu conditions thereof which
had been effected by and through tho defendants Park
and Stewart, In England.
TRUE IxwARDSEss OF TEX sALx LITTLE EMMA.
The plaintiff alleges that he has but just ascertained
the truth ald the facts In relation 10 tho sale oil tho
property aforesaid TO be as follows
That Immediately after the execution of the agrce-
mcnt subscription books were opened IN England for
the shares OF the capital stock Of tho said Emma
Silver Mining Company OF London limited which by
the terms Of said agreement were to be offered 70 tho
public.
That said company was organized and prospectus
thereof issued.
That each OF the defendants were on the board OF
directors OF said last named company.
For the purpose OF enabling such parties rs desired
to make application for the shares Of said company the
said company adopted form OF application, and caused
tho same 10 DO printed Tor use IN making application
Tor said shares-
said wiz the 21st day of November, there had been
than sufficient shares OF the stock Of the COM
pany subscribed tor. Tho defendants, Park and Stew
art present ut and participated in tho allotment
OF said stock, as directors OF said company. SO
many shares OF the stock o: the Emma Silver MIN
ing Company, limited, had been applied and SUBJ
scribed for before said allotment by bona de appli-
cans subscribers that the said company were not
able TO furnish the shares applied all the appl-
cants therefor, and alter the aotments said company
did return largo amount OF money TO persons who
had applied Tor such STOCK, and had paid the install
mcnts required to be paid by the terms of the pros
pectus
That and in pursuance Of the agreement before
referred to there was paid and delivered 10, and re-
by tho defendant Park, on or before the Attn day
OF December. 1871, Tor aud ON behalf OF himself, the
plaintiff other Of the stock OF tho Emma Sill
Mining Company OF New York, the sum OF f40O 900
sterling, at the city OF London OF tho fact OF such
payment the defendants, Stewart and Baxter, were,
az about the time thereof, iully informed, and
Immediately thereupon, and on or about the 7th day
December tbero paid to Baxter fl00 900 OF said
money.
on the 23d day OF November. In said year. the Board
Of Directors OF the Emma Silver Mining Company
limited, at a meeting held on mat day, at which the
defendant Stewart present, declared the FIRST in
nj lnaK