Telegram-herald., 1888-06-25


NV Yoak. June A-Gsn- Clinton b.
Fax. the high priesE and Presidential somi-
nee Of ina Pr0hibiEionistz. founder Of Flax
UniYeFsify and . shining light Ia Asth0-
diam. Il under bail 70 the amount Of $4,000
IN al action brought by . veil knosn Wall
81. man. Francis A. Fesg 70 recover monsy
Of ~hick hs elaims 70 have been dsfrsndsd
by the General.
General Fisk vas arrested en April II,
Iss2. on an orisr Of Arrsst granted By Judge
Donohss and dated April 10. Bail wss
hxsd o. the Judge ~ $4,000. John 3.
Cornell and Joseph ;. Stout. then President
OF the shoe & Leather Bank. but since de-
ceased, became tisks eOndsmsn. The bail
bond Il sill Ia force.
The order OF arrest was granted on affl-
dsyits Submitted oy Eogg. IA which he
alleged various frauds aud deceits on the
part OF the General, whereby he had lost
safas sggregstins. with principal and In
teresG, SIS. 1880.
Ia his aftidAyit FoEg states that he first
met Gensrsi Fisk in 1853, and that the ac-
quaintsnes then formed Eipened into q
very Gloss and friendly intimacy. Both
had Tor . long time eft1ces IN the Drsxel
building. where they were constantly
| thrown together. In 1879 General Fisk
proposed 70 him that be should invest In
| certain mining enterprises in which Fisk
/ uss interested. representing them in such q
| hight that ne fully believed they were de-
| s4rabls properties Having faith IN Gen
i eral Fisk representations he bought loo
| shares Ol the AcAOrris Mining Company.
| Of Arizona. Of which Fisk was president.
| Later. on Fisk's advice. he put SIS 900
| into the Golden Eagle Mining Company. OF
which Fisk was treasurer. and in tae same
| way subsequently, bought $500 shares ia
| the silver Era Mining Company, the super
| intendent OF which was Charles Fisk. a
son OF the Genera.
| Ar. koggs affidavit specifically charges
fraud and Intentional misrepresentation.
/ and adduces many circumstances TO sub
stantiate the charge. The history of the
case In the courts Is as follows: On June II,
lss2. Judge Barrett issued an order for the
examination Of Fisk, preliminary to the
trial. The examination was repeatedly
| adjourned. and finally il was claimed that
Judge Barrett had no authority 70 order 1t.
This question was taken To the General
Term Of the supreme Court, where the
| Judges order was affirmed, and than TO the
, SourS of Appeals, where a similar afiirma-
ton Was Slade October ~, 1883.
On April Is Judge Wallace declared Fisk
in contempt OF court for his refusal 10
answer, tined him $500 and ordered that he
be kept In custody until the fine was paid
| and ne was ready TO submit TO the exsmi-
nation. By stipulation the General was
not locked up and the question was taken
70 the United States Supreme Court, which
on March 2. 1855. granted a writ OF habsas
| corpus. taking Fisk from the nominal GUS
tody ol the Circuit Court and reversed the
| order OF Judge Wallace ia the matter oil
the examination.
Since that time the case has been several
times on the calender OF the Circuit Court,
but has each time gone over. il is said, be-
cause Of the obstacles interposed by General
Fisk.
Any one In search of several thousand
shares Of absolutely worthless mining
stock can probably make favorable terms
with Dos Passos Brothers, Mr.. ,Fogg'.
lawyers, with whom he has deposited the
mining insecurities which be acquired, a.
be alleges. through the representations o
General Fisk. They may also see there Z
letter written by the General from the
West TO Mr.. Fogg. in which. speaking oil
one Of the mines. be says enough noney
may De made there to build another uni
versity.
When reporter called on Wheeler II
Peckham. counsel for General Fisk, at hi,
office. and asked him what there was o.
this suit OF Fogg against Fisk. be promptly
said:
What suit against Fiskg'
When the reporter lad somewhat smpli
dsd hts question, Mr.. Peckham replied:
''Oh, YES. II was so long ago | had abou
forgotten Il. Fogg did sue Fisk and mad.
some slanderous charges, but the case neve
come 20 trial. II q man has a good case b,
usually presses Il, doesn't he2''
Has this delay been caused by Genera
| Fisx}'
Not in any sense