New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-30

INTERVIEWS STATEMENT.
',.o Yesterday afternoon the papers in an Inn
nortant suit brought in the United States Circuit
Court were released for publication by Commits
soner Shields The suit has been begun against
the Harvey Peak Tin Mining Milling and Manu-
featuring Company. The Farmers Loan ana trust
Compopy and Lewis May. James Flanagan. VIII
fan NJ Deen. William Remsen, George Ehret'
Charles H. Dcshlcr Herman Kimbel. Louis d.
Weber W. l.. Flanagan the estate OF Frederick W.
Foo;e the estate OF Henry Clausen. r.. and the
estate OF Daniel s Appleton. with Samuel Inter
myer as trustee.
Albert r. Ladouv has beer appointed temporary
receiver by Judge Lacombe. with an order requr-
,nc the defendants in the sui; 70 show cause on
wednesday. July II. why the temporary receiver
shin should not be made permanent.
The complaint alleges that the defendants have
received unlawful gains, end asks that the present
trustees of the Harvey Peak Company be removed.
Tho Harvey Peak Tin Mining Milng and Manu-
featuring Company was incorporated under the laws
Of the State Of New York on April 16. 1884, TO do
business in Dakota, In the Black HIS district
where extensive mines said to have been dis
covered stephen w. T. Fullerton was the counsel
for the company at It's organization in 1854 and an
issue OF $4,000 stock of The company was made
70 him as trustee for the purchase Of properties
The plaintiffs affidavit says that the property to
be purchased only worth $1,000 at ;he time
Another issue Of 100000 was made in January
)SN. to OIVcr l.. Berry as trustee, anu OH august
lG. 1883, 100000 more was issued to Henry C'ansen
IT, trustee. George Ehret went into the company
in 1891 Samuel Untermyer has been president OF
the company since 1883.
The compainants all English stockholders
They allege that the three issues of bonds were
made merely to cover up certain transactions, so
that Illegal gains might be derived. on Septem-
Der To- 1893. Samuel Tntermyer. representing
the Harvey Peak syndicate. made an agreement
with Edward Sabine Barring Gould. Lord furlow
l,N-x 10
payment Of Sl.5S50OO. they were TO receive 10000
shares Of the company's stock. with a par value
OF 500 q share. TWO other agreements were MADE
The Enslishmen were 10 issue 100000 In Donds
Of an English company. and give them to the
American syndicate security for the money
which was SIN due on the stock mentioned They
failed do So however and the American com
pany had mortgage of 100000 put on the Black
Hills property. and issued TO the English company
nearly all the money for which was held as Sc
curttv for the instruments due on the stock. The
Englishmen placed another 100000 mortgage on
the property. and turned II over TO the AihelcaS'
The mines in question only partially de-
yeloped. The American company had purchaseu
about 400 mining claims, but only worked ABOUT
twenty Subsequently all work was stopped
The Engllshmen became suspicious. and after
sending a representative over here 10 investigate
matters decided 10 commence suit. l., o-a 80
Samuel Cntermyer said yesterday III Ieea!u :"
the statements made in the bill or Complaint III
Il knew nothing concerning me s isri Ssd been
,nct1ased 70 SIS 600 At that time Henry Causen
tr George Ehret, William Rensen, Lewis May
sn,d Dan7el S Appleton asked me to represent
their interests in the company. The English people
led by Lord ThurlOw, were then arranging 10 dI-
vance money toward the development or me prop
erty under contracts After the report OF oIen
ouS1 exnerts they made contracts 70 advance money
toward the development of the mines. Lney W %
advance part Of the money anu ,he 'ofe"iA N'"''
and ask FOR new contract -. ~, ,.,,
THE main trouble with the property ana T hsd
the whole enterprise has arisen from the pau
fauh Of the English people. When they Went'tn.o
this enterprise with'us they were 10 o.
ing that they sent to this country ana p3ugnI
a rival English company. which they iorceo Us "
buy out on the threat of destroying our company
The head and front of the whole attack is Eo-
ward s. Barring Gould, of London. who Is a. large
,,ockholder In the company. The stockholders VINO
are suing represent only a few hundred shares;
The large English stockholders have not uar Sd
10 sue Tor IL Is they who have deceived US ana
broken every contract they ever made with us
This side and the unmerited generosity when they
have shown TO the English SPECTATORS ougnfI.h 70
stamn this case as II deserves, ana as IT, "lIfDe
semonstrated when the hearing is had.