The evening world., 1908-11-30
SUES SCHWAB
To RECOVER
$10,0OO,0O0
Steel Man Has No Title to San
Toy Mine, Witherbee
Brothers Say.
THEY CHARGE FRAUD.
Collision Made Acquisition of
Stock at Sale Void, 1t Is
Declared.
THEY CHARGE FRAUD.

Charles NJ. Schwab, former president
81 the United States Steel Company, and
present owner of the Bethlehem Stee'
Company, was to-day served with
summons and complaint at his com.
pany's New York Office. No. 100 Broad
way, in a sensational suit brought in the
New York Supreme Court TO recover
30, 900 100 Mexican mining property
known as the San Toy silver and lead
group.
The plaintiffs are two brothers. Alfred
s. and Sidney A. wtherbee. OF Mexico
City, and their attorney is Paul f. DE
Fere, of No, Nassau street, formerly
partner OF Paul D. Cravath anG
Charles Steele, but who more recently
has been known as one OF the principal
counsel to the banking house OF J. p.
Morgan & Co.
James L. Hutchinson, of Chicago, a
co-defendant with Mr.. Schwab. was
served on saturday at the New York
'!up. no. :" w est / oTtletn street. Joln
Sloan. Pittsburg promoter. was served
IN a room at the Waldorf-Astoria. while
Willard 4. Mitchell, MI. SChwab's law
yer, was served at his Office. No. III
Broadway.
The Sheriff OF New York County has
been given the job OF securing service
On the remaindeS OF the defendants,
Nho are: Morris carnegie. a nephew OF
Andrew Carnegie: Thomas II. Bowles.
Former general agent for Wisconsin OF
the Mutual Life Insurance Company;
Mathew r. D. Owings. former secre-
larry of the Milwaukee Harvester Com
hany; Waiter b. Wright. John c.
Wright, Frank ". Lewis, Artemus "
,Iadley and W. G. Paxton. all OF In
annapolis: Richard r. Brown and
James z. Brown. OF the New York
Stock Exchange house OF Morris. Brown
& Co.; Waldo x. Chase, OF Hartford
Conn; Lawrence Dilworth. William X
Rel!is. Donald b. Gillies and DR.. Mar
thall r. Ward, brother-in-law OF Mr.
Schwab.
That there was the slig htest cloud on
Mr.. Schwab's title to the San Toy mines
sornes as surprise. Since the former
steel magnate and his friends an
HVhHCuu tiitll OI the san 10y
group they have increased Its capital
stock from 100000 to 100000 and
unloaded huge blocks OF the new issue
sn the public.
Some Buyers Of Stock.
An Evening World reporter to-day
Informed by member OF one OF pc
most conservative New York Stock Ex-
change houses that among the large
purchasers of San Toy stock from the
Schwab crowd were: Richard RuShton
PRESIDENT of the Fourth National Bank,
Philadelphia; Col Robert VI. Thompson
The New York capitalist; Thomas King.
former president OF the Baltimore and
ohio Railroad: s. Ossood Pell and his
rp,her. stephen Pel. bankers and
rockers: L. Augustus Heinze. the UNI
.-owned copper king. and John Glass,
former director in the Mercantile
ltlonaI Bank.
Sidney \. Witherbee was located at
e Hotel Manhattan. His brother, AL
! ed. and he together make twelve feet
~ six inches of muscle and bone
That | ant my brother IRE the true
wners OF the San Toy mines and have
teen since the first Incorporation Of III
company in December. 1901. is a fact."
lie said TO an Evening World reporter;
but ] would prefer you to get parton.
ars frCS my lawyer
IT feel very sorry for MIR. schwab
when consider the position of those
who bought San Toy stock from him.
ehsy purchased a law suit All that
oare to say just now 10 that my
brother ana I have never mined the
public, but We have mined the mineD
In question, ana their title rests with
as"
The Witherbee complaint. which Is
how a document OF record In the Su-
creme Court. sets forth a remarkable
array OF incidents, II alleges first,
ths San Toy Mining Company was. as
Il now 10. foreign corporation. having
bean duly incorporated under the laws
10 the State OF Maine In December.
laa. with a total authorized capital OF
csntiuusd on Second Page)