New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-28
THE COURTS.
END OF THE EMMA NINE TRIAL.


THE JURY TO BRING IN A SEALED VERDICT THIS
MORNING.
The long trial of the suit of the Emma SD
YER Mining Company mitedl Of London against Irenor
W. Park and II. ii. Baxter concluded yesterday III
the United States Circuit Court before Judge wallace
The ease opened Dec H. 1875 and has occupied the
time the court four and half months although only
20 days were actually required In which TO take the ey
dence and hear arguments Of counsel Long "a this
time seems is estimated the fact that the greater
part OF the testimony previously taken by the Con
gressional Investigating Committee and by deposition
made the trial one-haf shorter than otherwise woud
have been. Judge Wallace however, admitted mnch
collateral evidence and permitted the trial To take wldc
scope order that all Of the acs about the mine might
be laid before the jury. In opening the case Tor tue
plaintiff at the beginning OF the trial. Mr. Stoughton said
that the position taken in bringing the suit was
that the defendants. who were directors In the London
company by false and fraudulent representation OF tho
value of mine, had negotiated its sale in the London
market for 100000 pounds sterling, or S50OOOOo He
proposed to show that the mine worked out; That
it vein of but merely pocket, and that
Mr. Park and his associates mad discovered this fact be-
fore they sold IT, To establish this view Of the case "a
large number OF witnesses called, among others
James l.. Lyon OF the early OWNERS OF the nine anu
Prof Blake, mining expert. The defendants, on the
other hand asserted that the mine sold not on Mr.
Parks representations, but the belief in Prof Sill
mans report that the mine OF great value They
ursher claimed that the Emma still rich mine and
would give profitable return II properly worked.
The concluding arguments OF the counsel on either side
directed 10 convincing the jury OF the truth OF their
respective theorics-Mr Chtenden and Mr. Beach, for
the defendants occupying three days Of the court and
Mr.. Stoughon, for the plaintiff speaking three days on
his side concluding at yesterday In closing the
case Mr.. Stougntou said Gentlemen, am through !
have tried to perform my duty in tins have tried
10 expose by the testimony we nave been aDe 10 get
mainly by testimony derived from the other
side - the most extraordinary haud WITH its
attendant circumst which the annals 0t
society I'm this generation have recorded. IL
Is fraud which concerns our own people IL u
where hundreds upon hundreds we're robbed aud plum
dced ana yielded their property under the slnct0n
! sorry to say of name which they lai flgnt 10
rely upon the repository OF the honor and good name
under the influence OF conirlyames difficult 20 see
through Now gentlemen, the last act OF this business
DC performed nv you, and are 20 learn whehera
transaction Ike thscXpOscd rs IL has been lcic-B 10
have sanction, whether you VIII administer the
Justice wnIcn IL expected OF you by all men"
Judge Wallace began his charge To the jury imnc-
datey after recess and occupied nearly four hours IN
its delivery. He reviewed the enire from the be
brought the o. the trial. aud calle! their
10 the points AL dispute He particularly eau
toned yainst Stunning fraudulent intent and said
that tiey find Tor the plaintiff only Oh the concu-
fraudulent representations. The jury retired at half
past O'Clock last evening" with Instructions 10 bring IN
q seal ID verdict 10 o'clock ths morning. The case
WIS submitted To III jurors the twelfth man having
withdrawn account of sickness cary IN the proceed
Tho conclusion of the trai excited much interest
among the spectators present. and there was consider
able speculation to the result, general opinion leaning
strongly the belief that the jury would disagree.