The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-21
100000 SUIT OF
GUGGENHEIM STARTS
Five Brothers Try Vainly to
Postpone Trial Of Will
Jams Action.
ASKS SHARE OF BIG NINE

MiNEoLA. l.. T.. juno .o.-In spite of
q postponement the $4,000. 0O0 suit Of
william Guggenheim against his Ave
brothers went 10 trial here this morn.
ing before. supreme Court Justice cal
lashan and a jury.
The defendants are Isaac. Daniel. Nor
ris. Solomon and Simon Guggcnhcim and
the suit Ia based on allegations that the
Ave brothers induced William 10 sign
over to them his rights IN the Chu-
quickamana Prospect. q copper mine In
Chile. which later proved to be i'm.
mensely valuable. william alleges that
the five knew the value OF the mine. hut
that IL was represented to min thai the
mine was of far less value.
William r. guthrie u samuel TN
termyer OF counsel for the defendants
urged on the court hat two OF their inn
portant witnesses are in South America
n canno, reach here before the end
OF the month. Their defence would be
materially weakened BY the absence Of
these witnesses, they said. Justice cal
lsghan refused to postpone the case and
the jury VAS quickly selected.
The defence's othc- lawyers are Dis
trict Attorney Lewis !. Smith. Charles
y. Wysong. former District A;torney.
and George Morton Levy. Smith and
Levy were opposing counsel IN the case
Of Mrs. Florence Catmtn william Gue-
kenheim is represented D., stephen G..
Baldwin. Henry Utcrhart and J"nn l..
Graham. ltswas = o'clock when an ad-
journment was taken and counsel for
the defendants had not then concluded
his opening address.
stephen &. Baldwin. in opening. said
that the five brothers had virtually
"chlorOformed" William when they made
deals relating to the properties OF the
G~uggenheim firm. He told how the
family. at first manufacturers OF EN-
oroideries. finally got into the smelling
business. William studied mineralogy
at the University Of Pennsylvania. he
said. and became an expert The other
6rothers were fnanciers. William was
sent into Mexico. where he made the
Guggenheim interests pay.
After nine years OF this service Will
lam returned to New York. said Mr.
Baldwin. There was no place for him
WI Ni' IA III lAll lil1'Ns - Nv Nv u
the stock market. He paid little a,ten-
ton TO the firms business, did ne, par
ttcipatc In all the enterprises OF his
brothers. but at the same time ~ a mem
Der of the firm he was responsible for a
share OF the losses. Whenever the
hrothers would want "A waiver. said Mr..
Baldwin. William would sign il. Once
when William objected and said il was
an outrage one Of the brothers said
That's all right. If you do anything
we'll make you 50 poor that no man in
the Street will notice YOU"
Mr.. Baldwin said he will ais, prove
ness matters and that the brothers took
advantage of that fact.
Mr., BALDWIN repeated the allegation IN
the complaint that on January I. 1912.
William at the solicitation of his brothers
executed an agreement by which he
waived pa rticipation in profits that might
accrue from ventures and operation "t
certain mining properties t'cN had
agreed to acquire. These properties, he
now alleges, are worth 10000. 0oo ~
the time the agreement was executed
william. according to his LAWYER, was
without knowledge that tho Ave brothers
had mad extensive surveys and cNplorn-
tons of these mines and that they
fraudulently and wrungfully concealed
the great worth of the mines from him.
Counsel for tho defendants said that
William had been taken in on soveral
deals BY his brothers. When the nrr,
lost William was not asked TO pay Nr'
share OF the losses. said Ne. attorney,
hut when the firm won rc shared the
winnings. On one occasion william
share was t6.ooo. 600,
The case will! continue tomorrow.