The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-11
LITTLE EMMA AGAIN.
General Schenck Describes His Flirta-
ton in London.
A SING G A M E
Mr.. Stoughton's Untmey Jest-A Tilt
with Mr. Beach.

Trenor W. Park and IL. H. Baxter was resumed yes
terday the nited States Circuit Court before Judge
Wallace ard jury. On the opening OF the pro-
ceedings General Schenck called 10 the stand Tor
crosse xam nation by Mr. StoughIon. Taking up the
question OF tho validity OF the title OF Park and the
other operators in to sell the same IN Eng
land witness. in reply to questions on that point,
said
GENERAL scHRNcK's EVIDENCE.
The question of valld ofthe title in the United
States courts subject oil anxiety to the company
with reference TO the that 500 tons OF ore
the date OF the prosIssias en- route 10 England
account Of the company, amounting in value to
E7S 0OU, and the confidence OF the company in the
truth Of such statement, witness had recollection
Lhat he recolected that there was such statement
substantially made but he did not remember tho fact
OF the company expressing confidence In The state
nent that that amount OF route to England
from tho mine he remembered the OF the discrep
ancy between 500 tons oil stated in Silliman's
report, ana other report making it only l.Soo
tons; there considerable doubt upon this point,
and while IL hoped 1t would turn out to be
2 500 tons, the great object OF inquiry was,
there should be a discrepancy in the
amount OF would that discrepancy DO made
good TO the company recoec.ed that Park
made statutory declaration required by tho laws
Of England as a guarantee the company; never
never attended any Of the meetings aerward for the
purpose OF business, his great to be sat
ls1ed that the prospectus at least substantially
eorrect he had distinct recollection Of any discrep-
Rncy between the prospectus except with regard to
this 600 of which was agreed Park should
make up didn't recollcct the discrepancyif such
should turn out to be the case-was 10 be made in
cash. but It was generally understood that Park would
shape way make IT up remembered receiving
teegraphic report, after which no made up his mind
to 60 into tho company
DIVIDEND QUESTION
Q. Do you remember Mr. Park saying that non
payment OF the dividends would fatal TO ensure
its payment he would become responsible Tor the
amount OF dvidepdsY A. Didn't recollect hearing
that Mr. Park TO mako himself responsible TO that
extent; knew very well that there was an assurance
given in way that there would be DIVIDENDS on
The stock; the first dividend paid on the LIST OF
December, 1871; dividends were paid for thirteen
months beginning tho LIST December, 1871, and end
ing LIST December 1872, at the OF and half
per cent per month; tho dividends were paid every
MONTH he supposed out OF the moneys IA the hands
OF the company, from sales that were made IN New
York and other moneys applicable Tor that purpose.
q. Have you the original papers executed by GU on
the Isl OF Decembery A. Yes-my arrangement with
PARK The paper referred executed ana sealed
the LIST OF December, and referred to the exchange OF
the guarantee; the Endorsements the notes, accord
Ing 10 his recollection in the handwriting OF Park,
AND part In witness handwriting, the first $500 he
received from Bates he paid to Park as his first
payment the shares received by witness from Park.
BUYING A .'BULLED" MARKET
@ You had purchased a quantity OF stock lndepcnd-
OF these first shares received by you IRON Park
A. had 800 shares allotted TO me- but having time
TO attend TO II myself allowed another party. Mr..
Fisher to take charge OF III part was sold at advance
tor joint benenht; stimulated by that Fisher pro-
posed to go into the purchase OF 500 shares; he
(winess reluctantly consented and, unfortunately,
Fisher bought wnen the market was at It's highest;
that was IN May 1872; he PAID E31 share, ana il was
sold very great ioss witness said he
had shares now excepting the 475 shares, BIS orig
inal subscription.
O. Looking al the paper OF October II. 1872, there
Is Endorsement there for 81, S9+ Is 3D.. do you
fecocct what transaction that arose irony a. That
accounting by Park TO me part Of profits on
stock transaction he made on our JOINT account
aud which he gave the benefit OF on the final set
Element Of balance, May, 1874 was IN New York on
leave OF absence to attend TO some personal affairs,
this among the rest; anxious get a final set
Element with Park borrowed some money IN addl-
tion 10 the mortgage my house ana lot III Washing
ton paid part OF the mort all PARK still
holds :oatcrals nunuer OF certificates OF stock
which he hoped 10 be able TO redeem the first knowl
edge had OF Fisher in 1862 10 whom was then
introduced IN London; Fisner was Vermonter resid-
ing In London and practising law there subsequently
became well acquainted with Flsner travelled through
portion OF England IN company with him; we were
oxford and Stratiord. Avon together, aud Fisher,
when witness came to England as United States Minis
ter, met him on his landing at Liverpool; had no
transactions with Fisher ID connection with the Emma
Nine beyond the selling OF tho shares. but was con-
necled with him In operating 10 Coorado--the Col
orado Land Improvement Company; that was be-
tween 1859 and 1871; witness would explain the whole
OF thai matter IL necessary 10 this
Counse-lt is not necessary.
Witness (con,inung)-I had more confidence in
Fisher alter their nrst acquaintance than afterwards;
believed he had become somewhat dissipated before
the close Of his life
TILT BETWEEN couXsEI.
Mr.. Stoughton-lt must have been surprise TO him
10 be drowned IN water after that.
Mr.. Chittcnden-That rs "A very improper remark.
Mr.. Stoughtop-No more improper than the oiher-
that he had become disspated before the close oil his
Lie.
Mr.. Beach, dom. see any reason why we defend
ants counse should take any exception TO the abuse
or improper remarks Of counsel Tor the planiil. We
have been treated 10 good deal OF II from the
mencement of the trial. The remark IN this instance
is an imputation uncallcd for a IT is unknd
Mr.. Stoughton--l throw myself on the Court and
jury was really anxious 10 earn the extent of Mr.
Schencks confidence IN Mr. Fisher and the of
withdrawal, and my remark was not dictated by
Kindness
Mr.. Beach--Your remark was scurrIlous jest
against a dead, drowned man that Is just what 1
Of 1t, and what mean.
Mr.. Stoughton-l am sorry you should make such
an observation.
Mr.. Beach--You should be sorry that you deserved
It, Your remark was not called forth from nything
In the evidence before the Couat.
Mr. Stoughton--It called forth on the general
remark OF witness that Fisher had become pated
dence IN the IN the earlier than IN latter part
OF his lie IL was this that caused mo make tho
remark did, with no unkIndness Whatever IN It.
The examination was then resumed.
U. You had not lattery the confidence in him you
generous, kindnearted man, with great many good
points about MIN; had no interest IN the mine but
those 475 shares, when understood would be ex-
tinguished by the sale OF the property
u DID you understand them 10 De cxtDguishcd2
OBJECTED to)
The Court-Tns line Of examination has been con-
tnued far enough. The answer responsive TO
the question l Will exclude further inquiry this
subject
BY Mr.. Chittendcn-Did you know Fishers wifcS
A. | did.
q. rhcy were both lost the steamship AtanticS
A. Yes.
q Was their position In London respectable? A. 1t
q Mrs Fisher the daughter OF General RpIcyf
A. Understood SO In reference TO the sale of some OF
Emma stock me, Mr.. Park was in considerable trou.
bio Tor
INTO THE CONCERN,
but which he had hoped would have been TO my nd.
vantage and he anxious 10 get me out oil the trou
bic well he could; Parks agent told me Mr. Park
Intended TO do what he could 10 give me the benefit of
his buying and selling the shares and IN his own per-