The Portland daily press., 1894-10-17
THE coLcHEs MINING co.
Its Affairs Came Up Inithe Supreme Court
Maine People Are Stockholders.

In the Supreme Court yesterday forenoon
there occurred preliminary skirinish in an
important suit which is of considerable in
terest to Maine people. The case is the
Colches Mining Co. VS.. Herbert Parsons,
New York city. This Colches Mining Co.
was organized to carry on mining opera
lions In New Mexico. Colonel Robert G.
lEgersol1 was president, and samoLg the
directors was the late Judge Nathan
Cleaves. of this State. Considerable of the
stock wasstaken by Maine parties. Herbert
Parsons, the defendant, was formerly treas
urer of the company, and the present suit
is to recover certain large sums. proceeds
of sales of stock. which the company claims
to be due from Mr.. Parsons.
Mr.. Parsons is member of the firm of
Smith & Parsons. He claims that his firm
merely acted as selling agents, and that
the company is in reality indebted to them
in the sum of $500. The managing director
of the company was DR.. G. d. Jenkins. who
is somewhat known in this city in connec-
ton with other. mining enterprises.
The skirmish yesterday was over the con-
tinuanoe of the case. Messrs. Symonds
Snow & Cook, appeared for the defendant,
and Augustus F.. Moulton, ESQ.,, for the
plaintiff. Mr.. Moulton asked for continue
ance of the case because DIR. Jenkins. who
is a material witness, was not present. Mr..
Cook objected to the continuance on the
ground that DIR. Jenkins.had been properly
notified, and that this was the second time
that the absence of DR.. jenkins had retard-
ed the case.
Mr.. Moulton oontended that DR.. Jen-
kins's absence was unavoidable, and pro-
duoed testimony to that effect.
Johnl f. Wood, treasurer OF the mining
com aany was called and said he had COM
municated with Mr.. jenkins. whom he saw
early Wednesday morning at his nome at
Boston. Jenkins then said that he was
ready to come as witness at any time.
On Friday / heard that the case was as
signed for Tuesday, and went at once to
see him. He declared that he would come
to Portland on that day. But on Saturday
he informed me by messenger that he
had received a telegram which made it i'm
perative for him to go to Nova Scotia. He
was ready, however to have ais deposition
taken in Nova Scotia at any time. Mr.
Wood then went to Mr.. Jenkins's house.
where he found the latter's wife in the
midst of packing up and much distressed.
She said her husband had reciyedaa te1e-
gram which made it imperative forh him to
go, but she did not know the nature of this
telegram, she was not acquainted with
his business. a sEFEN
Judge Symonds here interposed to the
effect that this was the oond sEtime that
this Mr.. jenkins had failed to appear, the
former time being when counsel had gone
from here to Boston to get his deposition.. 10
Mr.. Wood next made am afidas f. which
was presented BIZ Mr.. Moult6nS setting
forth what DR. jenkins would testify If he
were present The substance of this afi-
davit was to the effect that between June
rs and November, 1889, Jenkins had collect
ed and turned over to Parsons various sums
aggregating over six Thousand :dollars.
Judge Walton granted a continuance until
the January term, this continuance to be
final for plaintiff.
1t is understood that Col Robert G. In
gersoll may be present at that time.