New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-08-06
CANADIAN MINES AGAIN
COMPLAINT Revealed in Plea by
One of the Defendants.
TERMS OF ALLEGED DEAL
Brokers, Seeking to Examine
Witness Before Trial, Make
Charge of Conspiracy.

Another phase of the suit brought by
Bforen G. Co, brokers. of this city and
Philadelphia, against the Canadian Mines
Company. William B. Raymond, its presi-
dent, and several other persons associated
with the company. on the allegation Oh
conspiracy to defraud, was heard by justice
Bischoff yesterday.
James j. Campbell. one OF the defend
ants. who is employed by Mack Brothers,
brokers' at No. 10 Wall street. also de-
PENDANTS asked the court TO vacate an
order for his examination before trial. The
plaintiffs obtained the order to get intor-
nation to substantiate their charge of con-
spiracy, saying that they believed Camp
bell could furnish the desired information
which had to do with the alleged wash
sales" of stock of the Canadian Mines
Company.
The plaintiffs had previously examined
Henry S. Hildreth. defendant, on a court
order, and the information obtained from
him was on file yesterday. Testffylng
about a period in December, 1909. which
was the time Of the transaction with
Bioren & Co.. Hildreth said that he knew
there had been some wash sales He
knew of the manipulation Of the stock,
but did not know the reason for It, He
said that. although the price Of the shares
of the Canadian Mines stock f1uctuated
there were no actual transfers Of the stock.
He explained that the property owned by
the Canadian Mines Company was an
abandoned claim in Nova Scotia when it
was bought by Mack. Hildreth also had
knowledge Of some pretended sales in April,
he testified.
The complaint Of the plaintiffs alleges
that there was an agreement by the de-
PENDANTS that there should be delivery
of certain certificates Of stock Of the Can
adam Mines Company standing in Ray
mond's name by him and Mack Brothers,
brokers, to one Frank L. Tapscott, and a
re-delivery Of the stock to Arthur A.
Dunphy- The transfer of the certificates
tefore they were delivered to Tapseott or
Dunphy was to be stopped. and there was
to be pretended buying and selling OF
large quantities Of the stock on the New
York curb. The prices of the shares were
TO be quoted In the quotation lists and
newspapers. Dunphy was then to take the
certificates and deliver them as collateral
for loans to Bioren & Co., and was then
to fail to repay the loans.
Thereupon, when the plaintiffs, under the
alleged agreement, we've W tiS W SSii ''A~
certificates on the curb, the purchaser, the
defendant Campbell and the defendants
Hildreth and John W. Carnrick, were to
demand that the certificates be transferred
On the books Of the Canadian Mines Com
pany before payment be made to the sellers
of the stock. Raymond was then to refuse
TO transfer the certificates in question on the
ground that they had been stolen from
the Macks and himself, and Campbell was
TO step in and make pretended purchase
of other certificates Of stock of the Can
adam Mines Company at higher price
and inform the former seller of the certlr-
icates in behalf of Bioren & Co. that ne
or Hildreth and Carnrick, as the case
might be, would hold them responsible lof
the difference in the price, which had peen
raised through the pretended sales OF the
e+ocx on the curb. according to the COM
plant
Decision was reserved.