THE TRUE HISTORY OP THE EMMA MINE. BY S. T. PAFFARD MAGNA EST VERITAS ET [PRICE ONE SHILLING.] .,_ University of California Berkeley THE PETER AND ROSELL HARVEY MEMORIAL FUND THE TEUE HISTORY EMMA MINE. cst Veritas et Pmvalelit. LONDON: PRINTED BY W. H. AND L. COLLZNGRIDGE, 117 TO 120, ALDERSGATE STREET. TO THE SHAEEHOLDEES OF THE EMMA SILVER MINING COMPANY, (LIMITED,) AND TO THE SHAEEHOLDEES IN MINES OF A SIMILAE NATURE, IN UTAH AND NEVADA, & littlt TOotlt fa resp-ectfiillg INTRODUCTION. As, in the narrative I wish to place before my readers, I desire to be accurate in my facts, and perfectly candid and straight- forward in all my statements, J will premise by saying who I am, and why I have written this history. I am a man of but moderate means, am in the employ of a large public company, and I am certainly not a speculator in the ordinary sense of the term; for, until I made this "Emma" investment, I had never touched a share either in a mining or any other joint stock speculation. In November, 1871, I had a little money to spare; and seeing a notice of the Emma Company in the press, I obtained a Prospectus, and became strongly impressed with the statements in it, vouched for as they were by the names pf such men of high standing, and especially with that of General Schenck, the United States Minister. Being desirous of adding to my income in a legitimate way, I took such shares as were within my means, as a bond fide investor. I had implicit faith in the concern all along, and, against the advice of some of my friends, declined to sell out when I might have done so at a profit. "When the bubble burst, and I found that I, with others, (for I doubt not that my case is that of hundreds more) had been deceived, and so shamefully deceived, a strong feeling took possession of me to ascertain the truth of the matter, and how and by whom I had been so deceived ; and in the fol- lowing pages I propose to tell the result of my researches. B 2 4 INTRODUCTION. I may, just add, that as this work may be .read by many who are not " Emma " shareholders, I shall have of necessity to go over ground and narrate incidents which are familiar to those shareholders who have closely watched the affair through. At the same time, my experience teaches me that many shareholders were well content to pocket their monthly dividends, and not trouble their heads with the progress of the mine, or the various controversial points which were from time to time raised. To them much that I now shall say will be fresh, and I trust will prove interesting and instructive. In case it may be said that I have written this work for "Bearing" purposes, I have simply to observe that I com- menced writing it when Emma shares stood at about 3, which r in my opinion, is even now considerably more than they are intrinsically worth, as judged by the value of the mine for mining purposes. POSTCRIPT. Since this work was in type, I have received the Circular from the Company dated 12th inst., but I, for one, do not feel inclined to place any reliance on the statements in any cir- cular issued by a Board which contains amongst its members any Directors who were members of the original Board ; and the present Emma Board is so composed to the extent of four- fifths; because circular after circular issued by these same four Directors during last year, containing statements equally hopeful and promising, have turned out to be " a delusion,^ mockery, S. T. PAFFAED. Uth August, 1873. THE TRUE HISTORY OF THE EMMA MINE. CHAPTER I. DISCOVERY OF THE MINE AND ITS SUBSEQUENT WORKING. THE Emma Mine is situated in Little Cottonwood Canyon, territory of Utah, on the Wasatch range of mountains, and about 16 miles from the branch of the Union Pacific Eailroad, a station called Sandy being the nearest to the mine. Thence a very rough road leads up the canyon to a small town called Alta, near which the mine is situated, as well as the Flag- staff, and many other mines owned by American companies. The word canyon, or canon, is the old Spanish name for ravine or gully, which the Americans have adopted in that region. The mine was discovered in 1868 by two men named Woodman and Chisholm, and not in 1870 as erroneously stated in the Prospectus. The hill on. which these men found the silver vein or lode cropping out was then called the Monitor Lode; and these two men having established a location on the spot where they found the lode, christened it the " Emma" location, taking the name from that of a woman with whom one of them had been consorting in San Francisco, his paramour, in fact. The story of the name being derived from that of a little girl, who discovered the mine by picking up pieces of ore from the side of the hill, as typified on the Company's official seal, is therefore wholly apocryphal. These two men, Woodman and Chisholm, were rough pro- specting miners ; without any capital to go on working then- discovery ; and at this time there arrived in the locality a certain Mr. James E. Lyon, whose business was that of a mining 6 THE TRUE HISTORY OF speculator, at which he had been engaged for some few years in that and neighbouring territories. He agreed to join these two men to develope their claim; and for this purpose, in October, 1868, advanced them money to sink a shaft, the contract between them being that for such capital so advanced, he, Lyon, should become interested in the mine to the extent of one-third share. During the remainder of 1868, and in the course of 1869, the mine so opened out was partially worked, and silver ore was raised to the extent of about 100 tons. No great bulk of ore had however been struck, and Mr. Lyon having first satisfied himself that the vein, such as there had yet been discovered, was running in a north-westerly direction, left the locality and went back to New York on other business. This point, as to the direction in which the lode ran, I wish my readers to particularly bear in mind, as it has an important bearing on what follows. During the year 1870, the mine, however, began to open out in a manner previously unsuspected, and a large body of ore was struck. Thereupon Messrs. Woodman and Chisholm, taking in other partners to join them, attempted to oust Mr. Lyon from his share in the concern, alleging that the vein so opened out was running in a different direction to what it was when the original shaft was sunk, and that consequently Lyon's one- third claim did not avail to the new ore. However, Lyon vigorously disputed this, and in the summer of 1870 commenced a suit in the District Court of Utah against the Emma Silver Mine of Utah, into which these two men and their associates had now organised themselves. Lyon's suit against this company came on for trial and lasted three days, no less than seventeen lawyers being engaged on both sides. The Hon. W. M. Stewart, Senator for Nevada, and who afterwards figures as an Emma Director, acted as Lyon's principal attorney on the occasion. Eventually Lyon carried his point, which was for an inspection of the mine, and he was allowed to inspect it together with certain mining experts and lawyers ; and the truth of his contention was- fully borne out. that the course of the lode was in a north-westerly direction. His suit was thereupon compromised by its being THE EMMA MINE. 7 arranged that, as the mine was going to be sold to a London Company, he should receive one-eighth of what the mine sold for, less 1,500,000 dollars, which it was alleged had been ex- pended by Messrs. Park and Baxter in respect of the mine. As the redoubtable Mr. Trenor Wm. Park now appears on the scene, it may not be amiss if I here say something of the antecedents of this gentleman. Mr. Park was originally a country lawyer in Vermont He then went to practise in San Francisco, and got mixed up with mining suits, and obtained a knowledge of mining law. He then got appointed receiver-general to the celebrated Mariposa Estate or Mines in California ; and it was said he performed his duties as receiver of the funds only too well at all events, he got the nickname of the " Great Ex- hausting Receiver." About March, 1871, Mr. Park and General Baxter went to Utah and inspected very carefully the mine, and finding it was then producing large quantities of ore, purchased one half- share in it, and then, with other associates, formed and organised a company, which they called the "Emma Silver Mining Company of New York " the former members of the Utah Company being also members of the fresh company. About the autumn of 1871, it was decided that an attempt should be made to sell the mine in London, upon the strength of its past and present reputation. Accordingly, whilst during the month of August some 100 men was employed in working the mine, in the month of September the number of men was reduced to about a dozen ; a new superintendent (Silas Williams) was appointed, who, Mr. Park admitted, was about the best man he knew of to prepare a mine for examination by engineers. No one was allowed to go into the mine without a written order, and the entrances to the mine were held by armed men. My previous information on this head is corroborated by a British miner named W. Eddy, Jun., now living at Pendeen, Corn- wall, who worked in the Emma at this very time, and can speak as to the way Silas Williams prepared the mine for examination, this preparing being only another name for deceiving ; for W. Eddy, in a letter he sent to the Mining World a few weeks ago, says he saw silver ore plastered or engrafted on to the side 8 THE TRUE HISTORY OF of the limestone rock, so that whoever came to examine the mine might suppose the whole mass was ore. The object of all this is patent : had the force of men gone on working at the same rate that they had for some months been doing, the whole of the ore would , have been cleaned out long before Professor Silliman came to make his celebrated examination ; and if many people had been allowed to go into the mine, the fact that it was then nearly worked out would have become known, and the plot would not have succeeded. At this time Mr. Park admitted that there was only 1 ,500 tons ore raised and on hand, and that he did not think the mine was really worth more than 250,000 dollars. However, as I said before, it was determined to sell the mine in London on the strength of its reputation ; and having first entered into a contract with Lyon, dated 18th August, 1871, by which the New York Emma Company, through Greneral Baxter, their President, agreed to pay him one-eighth of whatever the mine fetched, less 300,000, in consideration of his holding over his claim till the 15th November following, whilst a United States Patent was being got, the New York Corporation despatched Mr. Park to England as their agent to effect the sale. THE EMMA MINE. CPIAPTER II. FORMATION OF THE PRESENT EMMA COMPANY. WHEN Mr. Park and Senator Stewart, who accompanied him, arrived in England they set to work to float their scheme, but for some time without success, the price they wanted being naturally considered too high. At last a brilliant stroke of genius came across Mr. Park, Why not go in boldly and get General Schenck, the United States Minister, to lend his name and influence to the affair ? True, it would be an unprecedented thing in diplomatic usage ; but the ways of Americans are not as ordinary people, and Mr. Park was essentially a " smart " man, and alive to new notions. The report of Professor B. Silliman had been previously obtained, he being selected by General Baxter, of New York Company, to examine the mine and make a report. Now, as to Professor B. Silliman, of whom we were vauntingly told by Mr. Park and others, that he was "the greatest geologist in America," the " Sir Eoderick Murchison," in fact, the man of " European reputation," &c.; it now turns out that these flattering encomiums apply to the father of the one who examined the " Emma," who happens to have died before these high-sounding names were uttered. Professor B. Silliman is Professor of Chemistry at Yale College ; he may know some- thing of geology, it is true, but he has made some remarkable mistakes before, and on this occasion either he was deceived by the skilful way Silas Williams had prepared the mine for his inspection, or he allowed himself to be easily deceived. In this connection I may mention that I am told the terms of Professor Silliman's remuneration was 5,000 dollars for simply making the report, and 45,000 dollars if the sale to the English com- pany went through, as stated by Mr. Josyln, counsel for the 10 THE TRUE HISTORY OF defendants in the Illinois Tunnel suit in August following, in the presence of Messrs. Park and Stewart, and not denied by them. The name and influence of General Schenck being secured, the next step was to get the active assistance of some great financial man or firm, to successfully bring out the Company. Accordingly, Mr. Park got an introduction to Mr. Albert Grant, and the latter, for a " consideration," agreed to do all that was necessary to float the scheme. The " consideration " in question was to the tune of "100,000, as admitted by Mr. Park himself before Vice-Chancellor Wickens in the May following. The Hon. W. M. Stewart who had previously acted only as Mr. Lyon's attorney, also consented (though reluctantly) to lend his name to the company as director, also for a " consider- ation," in his case 30,000 in cash and 2,000 vendors' shares. This latter remuneration being also for his valuable services in inducing Major-General Schenck to become a director, the Hon- W. M. Stewart and the General having been previously ac- quainted in the States. As to General Schenck's motives for joining the enterprise, " the poisoned breath of calumny " has said that he did so also for a "consideration," to wit, the 500 shares which he became possessed of. However, the General assured me personally, not many weeks ago, that this was not so : he joined as a Ion a fide investor, being fully impressed with the truth of the statements laid before him, and desiring to add to his income. But as he had not the money by him to take up the shares, he borrowed it, partly on securities of his own, partly from or through Mr. Park, and that half the amount has not yet been repaid. For correspondence on this subject see Appendix. All the above preliminaries being completed, on the 9th November, 1871, the Prospectus was issued and was advertised far and wide. The first notice I saw of it was in the Sunday Times, an unusual paper to notice such speculations. The para- graph about it concluded with the words, " Our readers will not be surprised to hear that the shares are already 4 to 4^ premium." I only mention this to show the way the thing was puffed and heralded. I will now notice the Prospectus, and give a sum- THE EMMA MINE. mary of its contents. It announced the capital as 1,000,000, in 50,000 shares of 20 each, of which 25,000 shares were offered for subscription, the other 25,000 being retained by the vendors. The directors were announced to be : GEORGE ANDERSON, Esq., M.P., London, Chairman. E. BRYDGES WILLYAMS, Esq., M.P., London, Deputy -Chairman. PERCY DOYLE, Esq., C.B., London. E. LEIGH PEMBERTON, Esq., M.P., London. The Hon. J. C. STANLEY, London. Major-General SCHENCK, United States Minister, London. General HENRY BAXTER, Ex-President N.Y.C, Eailway, New York. TRENOR WM. PARK, Esq., President National Bank, Vermont. The Hon. "W. M. STEWART, United States Senator, Nevada. TRUSTEES. GEORGE ANDERSON, Esq. Major-General EGBERT SCHENCK, and J. H. PULESTON, Esq. (of Jay Cooke, McCulloch & Co., American Bankers,) London. These three gentlemen were to act as trustees for the share- holders until the property purchased was duly transferred ; and until that was done no part of the purchase-money was to be paid. The property so purchased was described to be this : THE EMMA MINE AND THE EMMA EXTENSION CLAIM. Cash, being the balance of accrued profits receivable from consignments of ore by the vendors to Lon- don and Liverpool, amounting to . . . . . 46,300 2,800 tons of first-class ore, now being forwarded to England, of the estimated net value of . . . . 70,000 8,000 tons second-class ore, now piled up at mine for smelting there, of the estimated net value of . . 64,000 13,250 tons first-class ore, already developed in vari- ous parts of the mine, of the estimated net value of 357,750 It is stated also that the ore previously sent to England had realized an average of 37 19s. 3d. per ton. 12 THE TRUE HISTORY OF The cost of extracting the ore ready for shipment or sale had hitherto been under 15s. per ton, or only about two per cent, of its value, a fact unprecedented in the annals of mining. Judging by the profits of the preceding four months' working, the esti- mated net yield of the mine would be at the rate of 700,000 per annum ; or if smelting works were erected, as the proper business way to do, then the total profit would amount to the enormous figure of 800,000 per annum. Furthermore, with a view to equalise and ensure the steady and continuous payments of dividends, the division of profits were to be restricted to 18 per cent, per annum, until 180,000, equal 'to twelve months' dividends, were in hand in London, after which time the whole of the earnings were to be divided among the shareholders. These are the principal items in the Prospectus, though a great many other highly flattering paragraphs are inserted. Such as the " exceptional nature of the circumstances," the " extraordinary character of the property," the " totally diffe- " rent category the mine stands to almost every other/' &c., &c. What the reality of these magnificent promises turned out to be some fourteen months afterwards, when the first balance- sheet was issued, I shall contrast when I arrive at that 'part of my story. It has been shown by the Prospectus that the company were to acquire the sum of 46,300, cash realised by sale of ore raised by vendors, and that the trustees were to hold the purchase-money until the vendors had transferred to the company the property which they were to acquire. The 46,300 was, in fact, purely an imaginary sum ; the trustees, notwithstanding, paid over the purchase-money to the vendors, and they repaid the 46,300 the next day to the company out of this purchase-money. In the Prospectus is also announced, as being available for the payment of dividends, and also towards creating the reserve fund previously named, besides the cash handed over, 46,300, and the 2,800 tons first-class ore then en route to London, the following item : 2,600 tons first-class ore from mine to London, ex- pected to arrive during January and February, and to produce net . . 65,000 THE EMMA MINE. 13 ow the fair inference from this would be, that this quantity of 2,-600 tons was actually raised from the mine; but as the whole amount then raised, and on hand, was but 1,800 tons, it only shows it was put in the Prospectus for the purpose of misleading. So the Emma Silver Mining Company, Limited, was fairly floated, and the happy allottees thought themselves fortunate in getting shares in so splendid an undertaking. Mr. Park received the 500,000in cash, on behalf of the New York Corporation ; but the 25,000 vendors' shares he left, I believe, in the hands of Mr. Albert Grant, possibly for safe custody, probably for another purpose which I shall hereafter speak of. About the latter end of November, Mr. Jas. E. Lyon arrived in England, and made an application to Messrs. Park and Stewart, for his one-eighth of the purchase-money, less 1,500,000, dollars ; but was told by them that the whole of the vendors, shares were locked up in the hands of Mr. Albert Grant for a period of nine months or more ; that 5,000 shares had been pur- chased besides of those subscribed for, and were to be held to sustain the market until a special settling-day was named on the Stock Exchange ; tho arrangement being that Mr. Grant should pay the premiums of 2 or 3 per share each, and Mr. Park the par value of the shares 20 each, and that it would be necessary that the whole of these 30,000 shares should be re-sold to the public after settling-day, before he, Lyon, could be paid his claim, Mr. Park naively adding to Lyon his opinion that be- fore the nine months were up the " game would be played out," the mine would be " bust up," &c. Lyon, thinking the bird- in- the-hand policy the wisest under the circumstances, consented to settle upon the basis of the cash received 500,000, less .the 100,000 paid to Mr. Albert Grant for his services, and other expenses. Finally, he accepted 30,000 in cash, and made over to the Hon. "W. M. Stewart his. interest and claim against the mine for that sum. It was then arranged that Mr. Stewart should go back to New York and settle with the other parties interested in the sale ; and it was arranged, and a contract was made and signed on the 9th December, by which the other partners renounced their 14 THE TRUE HISTORY OF rights on the purchase money in favour of Mr. Park , upon pay- ment to them of 50 dollars per share, and contained the proviso that out of the same Mr. Park was to reimburse the London Emma Company, the value of any number of tons of first-class ore being short of the 2,800 tons described in the Prospectus as being then en route to London. It turned out eventually that 1,000 tons were so short, or, in fact, never had been raised, and Mr. Park thereupon handed over 28,000, its estimated value, to the London Emma Company who accepted this payment and entered it in their books as received for " missing ore." CHAPTER IIL PROGRESS OF THE COMPANY AND ACTS OF THE DIRECTORS. ON the 1st December the first interim dividend, at the rate of 18 per cent., was sent out, and the shareholders were informed that the whole of the 25,000 shares had been allotted to nearly 2,000 shareholders. In the same circular an announcement is made that " The directors have taken great pains to verify every statement in the Prospectus, and they are confirmed in their opinion that such statements are strictly accurate." Ore shipped to date, 900 tons, estimated to realize a net profit of at least 22 per ton. About this time comment on the fact of General Schenck's connection with the mine became rife. A long letter appeared in the Daily Telegraph of 24th November, signed " Mercator," which, in its concluding paragraph, was almost prophetic. It runs thus : " The transaction has already afforded food for gossip ; let the minister beware lest his high name and position be a topic for scandal, and a butt for the poisoned shafts of calumny." This, together with an article in the Economist, caused a stir; and on the 6th December General Schenck resigned his position as director, though he asserted his continued confidence in the THE EMMA MINE. 15 value and profitableness of the property, and that he still held all the shares he had been able to take. On the 10th January, 1872, (the dividend on the 1st having been duly sent,) the directors begged the shareholders not to sacrifice their property in consequence of vague reports. They also announced that the deputy-chairman, at the request of the vendors, intended to sail for the^ mine the following week, to judge, by actual observation, of the state of affairs, and to arrange for smelting the ore on the spot. The circular concludes with " In the meantime all the information the Board has received is of a most satisfactory nature." On the same day Mr. George Anderson, the chairman, writes to the Times, explaining General Schenck's retirement from the Board, and denying a statement, copied from the White Pine Neics by the Times, that the late owners had " gutted the mine " and there was to be " some of the tallest lawing ever known." These statements "were quite unworthy of notice," says Mr. GK Anderson. On the 1st February, with the monthly dividend came a statement of the cash in hand, ore en route, &c., and this distinct item" ore sold at Utah, 1,000 tons, 28,000." Now this 1,000 tons was the quantity short from the 2,800 tons which in the Prospectus is described as being " now at railway station, en route to London." It never had' any existence in fact, yet it is announced in the company's circular as being " ore sold at Utah"! On the 1st March, the statutory meeting is announced to be held, and that Mr. Brydges Willyams, the deputy- chairman, had sent a telegram giving a very favourable account of the mine. He had arrived out there on the 24th February. On the 7th March, the first meeting of the company was held at the Cannon Street Hotel. Mr. Gr. Anderson, the chairman, made a most flattering speech, brimming over with assertions as to the truth of all the statements previously made, and indulging in most glowing terms on the future prospects of the Company. Such as the statement that already 240,100 was in hand avail- able for dividend in ore raised and cash received ; that in the first four months of the Company's work there had been taken from 16 THE TRUE HISTORY OF the mine " very nearly a quarter of a million worth of stuff ; " that the mine was producing enough to double the dividends at once, and this distinct prognostication, " I think the time will not be far distant when we will have that 180,000 reserve cash in hand, and we will then, of course, divide all the produce of the mine in dividend, and it looks very likely that we shall be able to give you 30 or 40 per cent, instead of 18." Mr. Park on this occasion, not to be outdone, made equally astounding statements. First, as to Mr. Grant : he had consented to do the work for a very small commission ; and, continued Park, " I was satisfied he had not been paid sufficient, and so I made him a further compensation." Contrast this with Mr. Park's own evidence in the Court of Chancery in the May following : Mr. Park had been pressed to sell his vendors' shares in order to get. a quotation on the Stock Exchange, but refused to do so until the result of Mr. Willyams' examination of the mine should come. Telegrams in cypher had been arranged, and the most favourable ones Mr. Willyams could possibly use had come ; and accordingly Mr. Park would reluctantly consent to sell, but solely to oblige the Emma shareholders. "For," to quote his own words, " when I took these shares I believed, and do believe, instead of these shares being worth 20 a share, they are worth 40. I may be entirely mistaken, but I shall certainly hold shares until they go to 40." The chairman wound up the meeting with these words: "May I conclude the shareholders are now satisfied they are holders of shares in a really satisfactory mine, and instead of their standing at 22 in the market they ought to stand at 40 or 50 ? " So ended the first meeting, and the shareholders went away delighted. THE EMMA MINE. 17 CHAPTER IV. MR. BRYDGES WILLYAMs' VISIT TO THE MINE, AND DISPOSAL OF THE 8,500 VENDORS' SHARES. I MUST here digress, and go a little way back to allude to the reasons which led the deputy-chairman to go out to Utah. Mr. Park, virtuously indignant that reports should be circulated that the mine was not all it was represented to be, had magnanimously offered to pay the expenses of the whole of the Board if they chose to go out; but he added, aside, to a friend at this very time, " Of course I knew they wouldn't all go, but Mr. Willyams I knew would for certain reasons." Mr. Park paid the expenses of Mr. Willyams on this occasion, and did so with a cheque for 5,000, I am positively assured by one who saw the cheque. I have asked Mr. Willyams by letter lately whether this amount was correct, and, if so, what became of the remainder of the money after the expenses were paid ? But Mr. Willyams simply refers me to his solicitors, and those gentlemen, Messrs. Lanfear and Stewart, decline to answer my question, or, to put it in their own words, " They have no reply to make." With Mr. Willyams, as a personal friend, went to Utah Mr. Gr. A. Lawrence, the author of " Guy Livingstone " and other works. Mr. Lawrence, by his own admission to me, had the whole of his expenses paid by Mr. Willyams, which, if the latter had 5,000 from Park for the purpose, he could well afford to do, and then have a handsome surplus. Mr. Willyams was so much impressed with the appearance of the mine that he sent home a telegram (so Mr. Park stated) to purchase 1,000 shares on his own account ; but as they seem never to have been transferred to him in the Emma books, he must have sold them soon afterwards at a profit, as the shares were then going up. c 18 THE TRUE HISTORY OF However, Mr. Park, shrewd as ever, had sent word out that Mr. Willyams should he taken to General Baxter's house at New York, on arrival there, and to Mr. Warren Hussey's house on arrival at Salt Lake. On no account was he to he allowed to go to an hotel, lest he should hear too much of the real state of the mine. Prfessor Silliman and Senator Stewart also went to the mine with them, and right royally they did the trip by all accounts. It was announced that Mr. Lawrence was to write a hook on the subject, and, accordingly, when he came home, he did write his book, and called it " Silverland ;" and as he had the whole of his expenses out and home paid by Mr. "Willyams, and got a thou- sand guineas copyright from Chapman and Hall for the book, the trip must have been a pleasant and profitable one to him, at all events. " Silverland " contains one whole chapter devoted to the Emma Mine, painting its prospects in most glowing colours, and in an appendix is given a lot of the now familiar and worthless statistics about the mine. Why this book was not published until near a twelvemonth afterwards, and then when Emma affairs were looking queer, is to me a mystery. I have had a long correspondence with Mr. Lawrence, his soli- citor, and Messrs. Chapman and Hall about the book, extracts which will be found in the appendix. On the 1st April, 1872, (fit day for such a proposition !) the directors, by circular, invited the shareholders to take fresh shares, first telling them that reports had been received from Mr. Willyams, Mr. Stewart, and Professor Silliman of a highly satisfactory character. That a telegram just received said, that large developments had been discovered below any previous workings, new deposits same richness as old ones, and new deposits discovered richer than old ones. Again is recap- itulated the same old false item " Sold at mine, 1000 tons." And then comes the invitation to take vendors' shares, in these terms " As you are aware, the directors are desirous of getting a quotation on the Stock Exchange, and as the only impediment appears to be the fact of the vendors holding more than one- third of the stock, the directors have endeavoured to negotiat e with the vendors for an offer to the shareholders of such further number of shares as will bring the Company within the Stock THE EMMA MINE. 19 Exchange rule. The greatly improved appearance of the mine has, however, made a difficulty about price, and the directors regret they have been unable to arrange for a lower price than 23 per share ; which is the present market price. Should you desire any of these shares, please send in your application, with. 5 per share deposit, to the Company's Bankers." It is a strange thing that the telegram announcing these won- derful new discoveries arrived in London just before the invita- tion to take those vendors' shares ; and, stranger still, that the directors could not have ascertained whether the Committee of the Stock Exchange had not other reasons for refusing a quota- tion besides the technical one they raised. Be that as it may, when the alleged cause was removed no quotation was granted, and never has been granted to this day. About this time com- menced a tremendous system of puffing and bulling reports of the most extravagant nature to work off on the public not only the 8,500 shares requisite to bring the vendors' holding within the prescribed holding, but as many more as could be sold. It was deliberately announced (taking the cue, I suppose, from Mr. Anderson's sanguine prognostications at the March meet- ing) it was deliberately stated, and was got into the papers, ' That the Directors would be in possession of the 180,000 Eeserve in a few days, and would then immediately commence paying 36 per cent, dividend." One of the most flagrant in- stances of this was a pamphlet called " Mining Enterprise in America, as illustrated by the History of a Great Investment," by " Nummus." Now this pamphlet was printed by Messrs. Cassell, Petter, and Galpin, and it was falsely announced that it was published by them the object of course being to impress readers with the truth of the statements in it, by getting the name of this well-known and respectable firm to it. I have been at considerable pains and trouble to get at facts about this pam- phlet ; and, though I am sorry to say Messrs. Cassell & Co. declined to give me the name of the party who ordered it, they inform me that only eighteen proofs were printed, and these were taken away by some gentleman. Now these proofs were immediately sent to different journals, such as the Mining World, Stock Exchange Review, and copious extracts from the c 2 20 THE TRUE HISTORY OF work in question were inserted in them. Then, a sufficient number of copies of these papers being obtained, one was sent free to every " Emma " Shareholder ; so the deluded recipient thought he was reading extracts from a substantial book pub- lished by Cassell & Co. Accordingly it had the effect intended, viz., that the shareholder decided to hold on his shares, and probably buy more, which naturally must be those belonging to the vendors. In all this we recognise the master-hand of Mr. Park, though another gentleman nearer home had, I believe, something to do with it. I will here insert some specimens of Mr. " Nummus's " flowery style : . " The shareholders ought now to. realise their position. They hold, bej T ond all reasonable doubt, the most valuable American mining property in the hands of Englishmen. The}- are assured, by men who possess and value high characters for intelligence and integrity, that dividends largely in excess of the understood mini- mum may be looked for, and that the shares would not be dear at double the present quotations. The vendors, ivho retain so vast a slake in the company, have proved themselves to be gentlemen of honour, and even generosity free from all arriere pensee, from all equivocation, concealment, or exaggeration in dealing with their English customers. Such are the considerations which ought to actuate those proprietors who, having purchased at either original or reduced prices, have been fortunate enough to hold. They possess that which, in all probability, will before long prove the means of doubling both their income and their capital. The obvious course for prudent and in- telligent men is to keep faithfully to their investment, in expectation that no distant day will bring them, the desired' reward. The case amounts briefly to this : that the shares now quoted at, say 22 to 24, are worth from 40 to 50 ; and that the dividend, now 18, will run up to 30 or 40 per cent." ' ' To have described the mine in the terms of an ordinary specu- lation would have been to misrepresent it. The framers of the Prospectus had no alternative but to tell investors that the whole undertaking was ' exceptional ; ' that the circumstances under which it was brought out were exceptional ; that it held out prospects of a profit income larger than that of almost any developed in modern times. Such statements were directly calculated to provoke criti- cism, and criticism would inevitably assume the tone of scepticism THE EMMA MINE. 21 until the facts were proved beyond all possibility of controversy. This would have been the case even in the absence of the combina- tion alluded to by the chairman as having been put into movement by "Bear" operators. . . . But it does not follow that some of these severe remarks were not written in good faith, and in the belief that the American vendors were asking us too high a price for our whistle. Dealing with representations at the time unproved, and of a kind that would place any enterprise in the exceptional category, writers would naturally shape their comments from con- clusions deduced from their own experience and observation rather than from the statements of persons whose interest would, of course, be to have the property estimated at not less than its full value. At present such commentaries, penned in the tone which was pre- valent three months ago, would be dishonest at that time they were only what were to be expected." 22 THE TRUE HISTORY OF CHAPTER Y. FURTHER PROGRESS OF THE COMPANY. ABOUT this time, too, began a great controversy against these- highly coloured reports, especially on the part of those who- knew the true state of the case, such as Mr. Jas. E. Lyon and one Hiram A. Johnson, who was acting as his attorney. Of Mr. Johnson I have no personal knowledge whatever. I certainly wrote him once, in May, 1872, a rather sarcastic letter ; and in his answer, which I have now before me, occurs a passage almost prophetic, judging by what followed. He says : "If you discredit my statements, exercise your better judgment, retain your shares, and my circulars have done you no harm. In the course of a few months refer to my pamphlet, read it then by the light of facts that surround you, and tell me, if you please, whether you then remain incredulous to the facts stated." I beg to assure Mr. Hiram Johnson, wherever he may now be, that I am not now incredulous to the facts he then stated :. on the contrary, I cordially acknowledge them to have been quite true. He it was who sprung a mine on the directors by disclosing to the shareholders, on the 21st April, the terms of the contract by which Park had made over to him the New York Company 's interest in the vendors' shares for 50 dollars per share; However, the wily Mr. Park was not to be beaten so easily ; and next day both he and the directors issued circulars in answer to it. Park's explanation is a long one ; he winds up with this magnanimous offer : "I have entire faith in the mine, which has been strengthened by every report from every source since I saw it in July last; and, haviog disposed of the vendors' shares which I was required to sell, I am personally a large holder of shares all purchased at a higher price than I sold for, and intend to continue so perma- nently. I have not money sufficient to purchase the entire shares of the Company ; but I hereby offer to give 1 per share for the privilege of calling shares within six months at 40* THE EMMA MINE. 23 per share, and leave this offer open to responsible parties to any number of shares, and until I leave for America, which will not be before the 10th May." At the same date the directors, after alluding to the contract, say : " It is true the directors believe there has been already developed in the mine, ore of an estimated value more than sufficient, including the amount already divided, to repay the whole of the capital ; but it is impossible to say how soon thin ore- may be received in London. The directors have full confidence- in every statement with reference to the mine which has been previously issued by them, and they can only express their hope that shareholders will not be tempted by garbled reports to sacrifice their property.'* On the 1st May the directors announced Mr. Brydges Willyams' return, having brought highly satisfactory accounts of the mine, and call a meeting to hear him. This meeting took place on the 7th May, but Mr. Brydges Williams, having just lost his father, could not attend. A letter from him, how- ever, to the chairman was read, in which Mr. Willyams says : "I am desirous of meeting the shareholders as I wish to con vince them of the great value of the property and its future prospects, of which I cannot speak too highly. In the meantime I would venture to beg the shareholders to allow none of the lying report* which have been circulated to frighten them into parting with their shares at a lo.ss, bi lieving as I do, that the property is honestly worth more than double what it was three months ago, in consequence of the valuable discoveries which have been recently made." Professor Silliman's second report was then read, giving a splendid account of how things looked at the time of his last examination. Speaking of the fresh discoveries he says: " These discoveries have been well in excess of all demands on the mine, and are a guarantee for the future of regular and satisfactory dividends." The chairman further on said : " The importance of such a discovery is simply enormous. It shows the massif ore we have to deal with to be immensely greater than anything we could possibly have imagined before." On this occasion, too, the chairman quite snubbed a shareholder who 24 THE TRUE HISTORY OF wanted to know what amount of ore was actually in sight, seen, and measured. Mr. Anderson told him to read his reports, and he would find that Professor Silliman in his three reports vouched for 32,000 tons as being the quantity. Then Mr. Park got up and made an overwhelmingly candid speech it quite stifled all doubts ; and a British shareholder, a Mr. W. Pare, got up and proposed a vote of thanks to Mr P Park for his candid, manly, and straightforward speech ! And yet will my readers credit it ? directly Mr. Park got outside, he said to a countryman of his, " I hadihe Britishers there pretty nicely. I fixed them up right enough, I guess," or words to that effect, which were told me by the person to whom they were uttered. On the 30th May was held the adjourned meeting to hear Mr. Willy ams, and a highly satisfactory statement he made, notwithstanding that Mr. Lyon, who was present, ventured to doubt the truth of all he said. Mr. Brydges Willyams on this occasion ventured the astounding statement that, in his opinion, " there was first-class ore enough in the mine to pay dividends as long as any one in that room lived." Ten months afterwards, at another meeting, when the "Emma" had proved a fiasco, he was reminded of these words, and then added, there was a proverb' in Cornwall, " That no miner, could see farther than the end of his pick." It is a great pity he had not added this saving clause to the opinion he delivered in May, 1872. It might have saved many people from believing, as they did, that such words, coming from one who was supposed to be a practical miner, were reliable and to be depended on. At this meeting there was a great row, for Lyon, who was present, strongly insisted on his view of the matter being correct; but it was all no use the infatuated share- holders would not listen to him, though he predicted trouble from the Illinois Tunnel Co.'s claim, which shortly came to pass. He was jeered at, told to sit down, accused of being a selfish bear, and almost a downright liar. Mr. Willyams also added, that, as to the " second-class ore, to his mind it was lumbering up the mine, and so far as he was concerned he would sooner give it away." THE EMMA MINE. 25 CHAPTER VI. THE " CAVE IN " OF THE MINE. THIS occurred about the first week in June. Lyon got informa- tion of it from a friend named Almy, who sent him telegrams on the 7th, 8th, and 9th June, and, to make assurance doubly sure, he telegraphed to another friend at Salt Lake, a Mr. Dalton, who, on the 10th June, confirmed what Almy had stated. All this time the Emma Company here could get no intelligence whatever. On the llth June, Lyon had an interview with Mr. O. Anderson, at the Emma office, showed him the telegrams, and offered to give him every information. He refused to believe Lyon or the telegrams, intimatiug, in as many words, that they were not genuine. More telegrams to Lyon on the 15th, 16th, 17th, and 18th June followed, two of them giving distinct informa- tion of the Illinois Tunnel Co.'s claim to -ground worked on by the " Emma " having taken place. On the 14th June, the directors in a circular admit " that some leakage seems to have taken place," of which grossly exaggerated accounts have come from confederates at Salt Lake. "Why the Emma Company coujd get no information from their mine of this serious 4< cave," and hostile action on the part of the Illinois Tunnel people, whilst private parties could, has never been publicly explained. I believe it was due simply to the fact that Mr. Park stopped the telegrams from Warren Hussey from coming through to London, or rather ordered him to send them to him at New York. Now the substantial truth of all these telegrams to Lyon has since been proved to be correct, and Mr. Gr. Anderson had promised Lyon, that if they were proved to be true, he (Anderson) would make him (Lyon) an ample apology; but up to the present time this has not been done, though Lyon has not been away from London. An appointment was made, however, to see Mr. Anderson and another director in the lobby of the House of Commons, for 26 THE TRUE HISTORY OF the purpose of hearing what more information Lyon had to grre about the mine. Lyon waited half-an-hour, and, as no Mr. Anderson came, he went away, and has never troubled himself with the " Emma " since. He considered it was undoubtedly Mr. Anderson's place to seek him, hear all he had to say, and test the truth of his statements. And it is for the shareholders to consider whether their chairman, who was being paid 1,000 a year for looking after their interests, properly fulfilled his duties by omitting to do so. One of these telegrams admits of some explanation. On the 16th June, Almy wires Lyon, " Foreman of Emma shot by Illinois" A good deal was made afterwards by Mr. T. Gr. Taylor in his circulars of this, as no foreman was killed. The simple explanation of it, however, is that the Emma foreman was shot at, but the ball whizzed past his ear without hurting him- Similar statements were published in the Salt Lake papers at the time, showing it was matter of common notoriety. On the 1st July, the directors admit that " the incidents of the past month have been mostly of an unfortunate character ;" that the telegrams published by Mr. Lyon were the first in- timation of anything being wrong, and they declined to believe any of them, as they could not conceive it possible that such events could take place without their being informed at once. They also strongly suspect that many messages have been sup- pressed in some way which they do not understand. One message sent they know never arrived. However, being now in possession of reliable information, they admit that the mine has been flooded and caused " serious damage." Nevertheless, they assure the shareholders that the damage is of a temporary character, and when overcome the mine will appear " richer than ever" as- Professor Blake had expressed the opinion that "the cave indicated perfectly that the ore body extended up to the grass roots in immense bodies, as the lime rock formation (supposed to be. heretofore) could not care" Further, the directors had heard even then nothing of any disturbance at the mine or adverse claim affecting the company, and the directors are again assured from New York that the title is perfect. THE EMMA MINE. 27 Now at this very time, had Mr. G-. Anderson chosen, he might have ascertained whether these last paragraphs were true or not by applying to Lyon, who was in vain urging that the Emma Company were mining on ground not in their Patent at all, and therefore the Illinois Tunnel people had a clear right by prior location to drive in their tunnel upon this ground. The Emma Patent gives the right to mine so many feet in a direction running north-cast and south-west] now Lyon contended, and his official examination brought out the fact, that the so-called Emma Mine were working in a direction running north-west and south-east, almost at right-angles, in fact; and this was proved to be the case. Consequently, the Illinois people said y " We have a perfect right to drive our tunnel into ground which you have no right to be upon," and the truth of this was borne out afterwards by the Illinois Tunnel people's claim having to be bought up, though it was boastingly stated some time afterwards that the Emma Company had got a verdict against the Illinois people with damages, the real truth of the matter being that the Illinois, for form's sake, consented to a verdict against them on condition of their tunnel being purchased by the Emma, as they knew perfectly well (as the Emma Company have found out to their cost) that there was no ore to le got iii any quantity where they had driven their tunnel in, it being almost worked out. Now this artful trick of laying the Emma Patent Line as- running north-east and south-west, was for the purpose of avoiding hostile protests from neighbouring mines against getting the Patent at all, had it been laid in the true direction the mine was working ; for, besides the Emma, there were the Illinois, the Cincinnatti, the San Francisco Emma, ^ and the North Star, all working on ground close to where the Emma have worked to. As to the North Star, owned by J. P. Bruner,. of Philadelphia, and which the Emma must soon strike if they go on working in that direction, I may mention that it has been worked for years and has never yet paid its expenses. Shareholders have been constantly told by the directors, and are buoyed up by the intelligence, that a large portion of the Emma property is still unexplored; but as the whole strata of the- 28 THE TRUE HISTORY OF country rang in a different direction to the line of their patent, it is hopeless to do so, and if they go on mining in the direction they have hitherto found ore, they come into collision with their neighbours, in fact, will be trespassing on the latter's property. So much for the title to the " Emma " property, as vouched for by Hon. "Mr, Evarts, being perfect. Perfect it is undoubtedly to the ground described in that Patent ; but certainly not to the ground hitherto worked on, and where ore has been found. This is only another illustration of the adage as to " keeping the word of promise to the ear, but breaking it to the hope." At this time Col. Stanley, then on a pleasure trip in America, went to the mine in company with Messrs. Park and Stewart ; though what Col. Stanley thought of it and affairs generally, we never knew, for, so far as I am aware, hs has never opened his lips at any of the public meetings. Sir Henry Selwyn Ibbetson, M.P., also joined the board at this time. On the 17th July the directors issued a circular, which says that the decision in the Illinois Tunnel suit was that the United States' Patent gave the Emma Company 2,400 feet of vein in whatever direction it goes, and winds up with " future of ore never so promising." This telegram is signed by Park, Stewart, and Hussey. No steps were, however, taken by Park to secure to the Emma Company the benefits of this decision by getting the Patent altered to south-east and north-west direction, as he was bound to do, having personally guaranteed the title, for the very good and sufficient reasons I have before enumerated. In August nothing of moment occurred, except that, as Par- liament was prorogued, Mr. Anderson, the chairman, decided to go out to the mine and judge for himself of the state of affairs. On 2nd September the directors issued another circular, giving another telegram from the mine, dated 23rd August, containing one of the most unblushingly false statements yet given. It runs thus : " New explorations ; reliable experts estimate second-class ore in one part of mine only, as sufficient to pay dividends for two years, and value the mine at 2,000,000. (Signed) " HUSSEY." At this very time, mind, taking into account the Illinois Tunnel claim, the company were on the verge of insolvency ! THE EMMA MINE. 29^ This circular also encloses a letter from Mr. Park, dated 27th. July, in which, referring to the Illinois Tunnel suit, he says, " They offered to compromise, and I have no doubt would have taken 5,000 ; but I would not pay a dollar for any black mail. New discoveries are immense ; the mine is better than ever ; and if every shareholder could see the mine, the shares would be selling at 75 or 100. lam particularly anxious that no shareholder shall have fear as to the title to the whole 2,400 feet of vein, wherever it may run, or that we own the large body of ore the Illinois Tunnel has taken possession of." Mr. Park, you see, is virtuously indignant at anything like a com- promise, and lauds the mine up in the terms I have quoted ; yet at the very time this was given to the shareholders by the directors, the company was, as I said before, on the verge of insolvency ! And as to Mr. Park's boast that the shares should be selling at 75 or '100, the fact was that he had already disposed of the whole, or the greater portion of, the vendors' shares. So much for precept and practice ! I may here mention that I am informed on credible authority that the arrangement between Park and Mr. Albert Grant as to the disposal of these 25,000 vendors' shares was, that Mr. Grant should receive half on all the shares brought over 20 per share, with t 5 per cent, commission on the total amount the shares brought. This would make Mr. Grant's profit out of the trans- action some 60,000 or 70,000 at least, over and above the 100,000 he received from Park for acting as promoter when the company was formed. Whefher this arrangement between Park and Grant is correct I cannot positively assert, but I have endeavoured to get at the facts by writing no less than six letters to Mr. Grant, to which he has vouchsafed no answer whatever. In default of any denial or explanation on his part, therefore, I can only repeat the story as it was told to me. If it be true, it will at once explain the reason for all the puffing and laudatory notices a.bout the mine which was systematically carried on from April to September, 1872. In October nothing particular seems to have transpired. 30 THE TRUE II1TTORY OF CHAPTER VII. MR. ANDERSON'S VISIT TO THE MINE AND REPORT. ON the 1st November the directors announce the quantity of ore raised to date as 10,190 tons, and that Mr. Anderson had been in the deep level. He found the vein large and very pro- mising, and states that we "might expect rich ore in a few weeks. The suit with the Illinois tunnel still pending." It is worthy >of note that the dividend warrant sent with this circular turned out afterwards to be from money borrowed of Park. On the 2nd December, 1872, the thirteenth interim monthly dividend, and, as it turned out, the last, was sent, also paid in borrowed money from Park. The total ore raised was given as 11,420 tons, and the result of the suit with the Illinois tunnel was announced. What that was I have already informed my readers, and the previous anticipation of Mr. Anderson as to getting rich ore was apparently verified, as Mr. Hussey had telegraphed- on 17th November that " first lot from bottom of mine samples 220 dollars and 50 per cent, lead," which, worked out, gave 47 5s. per ton. This appeared to be about double the value of the ore lately raised from new explorations, and it was sold on the spot. At this very time, mark ! the affairs of the mine were hopelessly insolvent ! On the 10th December came a long report from the chairman, detailing his visit to the mine. To dissect this document would be a work of some difficulty ; suffice it to say, that the general tenor of it was very favourable : in fact, the chairman says in his conclusion that, as the result of the excellent assistance and advice derived from Messrs. Park, Stewart, and Hussey, and the efficient staff at the mine, " I am not claiming too much when I say that all the difficulties we know of have been more THE EMMA MINE. 3L or less immediately arranged for, and the position and prospects of the company are in every way better than they were when I went out." The slight " difficulty " of the continuance of future dividends was, it seems, decidedly overlooked ; for at the very time the mine was hopelessly in debt and had actually paid two dividends out of borrowed money ! The price paid for the Illinois tunnel was 18,000, the Emma Company kindly foregoing their " damages." The amount is but a small one, says Mr. Anderson, " hardly more than a month's dividend" "absolutely trifling," compared with the depreciation of stock which continued litigation would cause. Somehow the money has not yet been paid, and Emma stock has alarmingly depreciated, notwithstanding the valuable acquisition of the Illinois tunnel. In this report Messrs. Stewart and Park are buttered over finely by the chairman. " They had shown their loyalty to the company in a very liberal way. On both trials, they sacrificed all their business, took the arduous journey to Salt Lake, working very hard, and carrying both cases to a successful issue," i. c., involving the Emma Company in 18,000 of debt. " They had -done this entirely without fee, and had not even charged their travelling expenses ! Were the company to have much further litigation it would evidently be trespassing on these gentlemen's liberality to expect a continuance of such services, though I be- lieve they would unhesitatingly grant it." Now, considering the tremendous " pulls " these two gentle- man had got out of the Emma Mine and the British share- holders, the solicitude of the chairman for them is quite touch- ing. Mr. Anderson also announced a new railway up the canon to be in progress, which would save the company 20,000 .a year in carriage, and liberally offered some of the 10 per cent, bonds of this railway for subscription to Emma shareholders ; but, so far as I am aware, the offer was never accepted, and the railway may be a thing of the future. 32 THE TRUE HISTORY OF CHAPTER VIII. CESSATION OF DIVIDENDS, AND COLLAPSE OF THE MINE. ON the 20th December, 1872, as a nice Christinas greeting to the Unfortunate shareholders, came the announcement from the directors of the cessation of dividends . Of course they exceedingly regret to have to communicate such unwelcome tidings, still gleams of hope are plentifully strewn through the document,, such as ".the output is at the present largely in excess of the dividend, but the increase is so recent that the results have not been felt here. The position of the mine is better than ever, and the directors have every expectation of being able to resume the monthly payment on 1st February." Still the system of monthly dividends being found to work badly, or rather inconveniently, they will propose to the share- holders to change it at the next meeting to quarterly payments, forgetting to add, however, if they were able to do so. In this circular not one word is said as to the two previous months' dividends being paid out of borrowed money. It is incredible to suppose they could not but have known it. If they did not, it only shows the blind and reckless way they trusted to the men on the other side. On the 14th January, 1873, the directors confess that their sanguine expectations of the previous circular are not fulfilled,. for they again "extremely regret" that they are unable to declare a dividend for the month of February. A long expla- nation as to how they had been deceived by the telegram from Mr. Hussey now follows, in which a mistake of 150 tons rich ore having been raised was made whether purposely or not, it would be very instructive to know. The tone of this circular is decidedly discouraging, for they hold out no hope of being able THE EMMA MINE. 33 to pay the March dividend. Still no mention is made of the last two being paid in borrowed money from Park. At length, on the 22nd of February, the balance-sheet was issued, and then the amazed shareholders saw plainly the real state of affairs ; and what was the result of all this fourteen months' continued false statements. Without going through the whole of the items in this document, I may summarise it by saying that, as the com- pany had paid thirteen monthly dividends at 15,000 each, they had paid away to the shareholders 195,000 ; but as by the balance-sheet the company stood indebted to Mr. Park 33,848 for cash lent to pay the two last ones, it left the actual amount paid by the company fairly, in round figures, 160,000. Now as the company took over from the vendors 46,300 in cash, and 2,800 tons ore on hand, or the proceeds thereof, 76,104, (together 122,404,) it showed the startling fact that, with the dividend account balance of 7,874 in hand, the mine had only produced nett about 47,000 from the 8th November, 1871, to 31st December, 1872 ! Against which, mind, the company were in debt to the Illinois Tunnel Company of about 18,000 ! So the nett result is that if they had paid for their purchase in proper course, the whole earnings of this wonderful mine during fourteen months, less one week, would be less than 30,000 in fact, just about two months' of their vaunted monthly dividends at eighteen per cent. ! And this was the reality of all these magnificent promises and confident predictions which I have detailed. Going back to the Prospectus and comparing it with the balance-sheet, it is seen that the reserves of first-class ore, 13,250 tons valued at 357,750, are gone ; that the second-class ore, valued at 64,000, is also gone, or unrealizable ; that the ore cost in getting out upwards of five times the amount indicated in the Prospectus, and had enormously fallen off in value. The total estimated nett yield of ore by the Prospectus was to be 700,000 per annum. By the actual result it was only about 74,000 per annum about one-tenth of the Prospectus estimate ; and the rate of dividend earned, instead of being at the rate of 70 per cent, per annum, was only about 6| per annum ! ! The report accompanying the balance-sheet indulged in all 34 THE TRUE HISTORY OF sort of excuses to account for this disastrous state of things, and stated that Mr. Warren Hussey, having expressed a strong wish to be relieved of his post of manager, the directors had ap- pointed Mr. George Attwood to succeed him. The only surprise is that the directors had not "relieved" Mr. Hussey of his onerous duties long before. On the 6th March was held the second annual meeting of the company, Mr- Anderson in the chair. Mr. W. Henderson and Dr. Walker, who had been sent up from Glasgow as a deputa- tion from the shareholders there, were present to watch the proceedings, and take any action necessary. The chairman made a long speech explanatory of the reasons for paying the last dividend, and letting off Mr. Park as lightly as he could. He still, however, reiterated his confidence in the mine, and so did Mr. Brydges Willyams ; he held the same opinion as to the valuable nature of the property that he did before, " His opinions had not varied in the least." " That the ore was not worked out," and " would not be in our lifetime." Mr. Orr Ewing then made a long speech, in which, whilst exculpating the directors from any infringement of their personal honour, he severely criticized their blind and reckless method of trusting to the American element in the concern, I cannot do better than quote from the Glasgow 'Herald a summary of Mr. Orr Ewing's speech : " The directors founded partly on a report by Professor Silliman, a very eminent American chemist ; but they founded mainly on the statements made and the books shown by the vendors. Mr. Orr Ewing, M.P., says that ' they have allowed themselves to be too confiding in a set of what I will not hesitate to designate as swind- lers, promoted by a man who is notorious in this country for having been guilty of the grossest acts of fraud in similar cases.' Mr. Orr Ewing s.ays that Mr. Park has disposed of his half-million of shares during the period while the monthly dividend was being paid. He was the company's New York agent, and they learned from him what amounts were received from the mine. The money for the last dividend seems to have been sent by him from Salt Lake where he had no access to books at New York which would have shown him, what he now tells the company, that no ore had come . THE EMMA MINE. 35 to authorise him to send it. The effect of the payment may have been to maintain the shares at a good price, and enable Mr. Park to get rid of his shares. In fact, he now holds only 25 of his 25,000 shares. On the 10th December last, after his visit to the mine, the chairman wrote of the three principal Americans in the business ' This report would not be complete if I did not further mention the excellent assistance and counsel received from Messrs. Park, Stewart, and Hussey, and an efficient staff at the mine. Mr. Stewart and Mr. Hussey were with me on this second visit to the mine, and Mr. Park would have gone but for illness. Everything that was arranged was after anxious and careful consultation both at the mine and at Salt Lake City, and I think I am not claiming too much as the result of our meeting together there, when I say that all the difficulties we know of have been more or less immedi- ately arranged for.' On Thursday he said ' Mr. Hussey has a very large business of his own, and he has not the necessary know- ledge to enable him to be of much service as regards mining operations.' Ultimately, he let Mr. Park and Mr. Stewart drop out of the direction, and he had not a word to answer when Mr. Orr Ewing asked him i if he had any faith in any single American em- ployed at that mine,' and called his colleagues on the board ' a set of swindlers, and men interested in the circulation of false reports to deceive us in order to get rid of their shares, which they had done at a premium, mainly through the reports circulated by them, and acknowledged and accepted by the board.' He acknowledged that the information the directors got had often been false when other parties had true information. Mr. Orr Ewing said that he and his colleagues had ' acted like a set of gamblers, and had trusted to Providence and the circulation of false reports from these men ; ' and although he explained afterwards that he meant that their action was like the action of such people, not that they were such people, his explanation did not qualify his original words. The present accounts from the mine are of the gloomiest description, but the directors do not know whether or not to believe them. "From the shareholders' point of view, Mr. Orr Ewing may have been right in objecting to a committee of investigation, and as a large shareholder he is entitled, if he chooses, to join the board. In the interests of the shareholders, we hope that in so doing he has resolved to look narrowly into everything. A public investigation might have damaged the property, but the absence of it destroys public confidence. The unfortunate shareholders, like Mr. Orr 36 THE TRUE HISTORY OF Ewing, who are in, are naturally and properly anxious to make th& best of things. Except in the sense that it interests a great number of people in the west of Scotland, the matter is not a public one, and the shareholders and directors can settle among themselves what they think due on the one hand to their property, and on the other to their commercial honour. " "We are sure the story will impress the public, if anything can impress them, with the folly of meddling with things of which they know nothing, even when they are backed by the guarantee of the most respectable names. General Schenck's name influenced many people probably the chairman's induced many more to invest their savings in the stock. Investors are like so many sheep everybody jumps in imitation of the first leader who shows the way, and there- were crowds of people here ready to jump with Mr. Anderson. Even when Mr. Anderson went over the mine, he seems to have been ac- companied by Mr. Stewart and Mr. Hussey. Mr. Orr Ewing says plainly that, ' sharp as he was himself, he was among a set of men still sharper, who made everything couleur de rose for the purpose of deceiving.' Mr. Orr Swing's theory is that the mine has been, jockeyed from the beginning, and that the farce of monthly divi- dends has been kept up till the public was induced to buy the last share at the. disposal of the vendors. He does not profess to know whether it is a 'played-out concern,' or whether it has been pro- perly worked under the present management. Anybody can see that, instead of the seven or eight hundred thousand a year profits which were held out, there has only been 187,000 to pay every- thing with for thirteen months, while 116,000 of that sum was handed over to the company at the date of the Prospectus either as cash or as ore on the road to England. The Emma is likely to be the last Utah mine we shall in this country think of purchasing. In fact, there is in America abundance of money-seeking employment, and there never was good reason to suppose that benevolent people there had taken the trouble to come all the way here to get pur- chasers at a million for a property they believed likely to yield. 800,000 per annum." Eventually Mr. Orr Ewing consented, though reluctantly, to come on the board, together with Mr. "William Henderson, of Glasgow, in deference to the wishes of the Scotch shareholders, and in place of Messrs. Park and Stewart, who had resigned. THE EMMA MINE. 37 It was then admitted that Mr. Park had sold all his shares except twenty-five the nominal director's qualification. On the 23rd April, the anxiously expected reports from Mr. Attwood, the new manager, were sent out, dated 25th and 29th March respectively. Without going into a minute detail of documents familiar to every shareholder, I will merely say that they contained the disastrous intelligence that, after going through carefully every part of the mine, he could discover only 1,450 tons pay ore as being in sight. The larger portion of the so- called reserves had all vanished. In the Mining World of the 3rd May, appeared a letter from Mr. Park professing to explain his sh,are in the business. A more flagrantly impudent explanation there could hardly be. He entirely waives the main point as to what had become of the immense reserves of ore vouched for by Professor Silliman, and he only explains the fact of his having got rid of the whole of the vendors' shares by saying, that as so much distrust was be- ginning to be shown towards him, he decided to sell off all his remaining shares in a fit of virtuous indignation, seemingly. He winds up his letter with what is almost a piece of blasphemy, saying, " No one could tell as to the quantity of ore remaining in the mine, save Him who made it." In the meantime Mr. Orr Ewing and Mr. W. Henderson; the newly appointed directors, together with Sir H. S. Ibbetson, had all three resigned their seats at the board, and the directors called another meeting on the llth June to arrange for fresh directors in their places being appointed, and also to get the shareholders' sanction to borrowing powers being conferred upon them, agreeable to the Articles of Association. At this meeting, Mr. Gr. Anderson, the chairman, declined to go into the question as to why these gentlemen had resigned, but suggested that a sub-committee should be appointed to confer with the directors as to what was best to be done under the cir- cumstances, and generally to investigate the affairs and ante- cedents of the company, such sub-committee to be chosen from shareholders who held 100 shares and upwards, and who have been on the register for six months past. 38 THE TRUE HISTORY OF Accordingly this was done, and Sir Hy. S. Ibbetson, M.P., Mr. Orr Ewing, M.P., and Messrs. McCrea, "Wood, Murray, Macfarlane, Clements, and Bernard, were appointed. This conference, so formed, had many meetings, and on the 23rd July they issued a preliminary report, which being now in the hands of every shareholder I need not further refer to, save to. call attention to the extraordinary fact that not one word is said of Messrs. Park, Stewart, Hussey and Co. THE EMMA MINE. 39 CONCLUSION. I WILL now go back a little to the month of May, and explain my own proceedings in connection with this affair. By per- severance and diligent enquiry I became possessed of most of the facts I have here narrated, many of them from sources of information not open to the majority of shareholders. So strong was my conviction that a great wrong had been perpetrated and called for redress, that I determined to take action, and consulted my solicitors, Messrs. Harper, Broad, and Battcock, 23, Eood Lane, E.G., by whom a case was submitted to Mr. Swanston, Queen's Counsel, who is considered an eminent authority on joint- stock company law. On the 19th of May, Mr. Swanston gives his opinion, that upon the documents submitted, and the state- ments made, there is a case for restitution against the directors who issued the Prospectus, jointly and severally. Upon that I issued my appeal to my brother original shareholders for assist- ance towards carrying a representative case before the Court of Chancery. Most of the shareholders have, however, I find, been hanging back, to wait the report of the sub-committee of inves- tigation, which up to the present time has told them but very little. I would respectfully urge on my brother shareholders not to be led away by what this committee or the directors may say. Let them be up and doing ; and if they distrust the steps I pro- pose, let them take some of their own, and consult their own solicitors and counsel. I have, since the beginning of May, written a large number of letters on the subject, at least a dozen to the public press, another dozen to Messrs. Chapman and Hall, Mr. Lawrence, 40 THE TRUE HISTORY OF THE EMMA MINE. and his solicitor, respecting the book " Silverland ; " three or four to Messrs. Cassell, Fetter, and Galpin, about the pamphlet by "Nummus;" half-a-dozen to Mr. Brydges Willy ams and his solicitors; half-a-dozen to Mr. Albert Grant (not one of which has he answered) ; besides others to Mr. Orr Ewing, his friend Mr. Graham Menzies, Messrs. Lewis and Son, Liverpool, Messrs. Jay Cooke, McCulloch, and Co., Major-General Schenck, and to various other people all over the country. As yet I have not had one penny return for all this ; but knowing what I did, I considered it my duty to take some trouble in the matter. In conclusion, I will say, that as by the law of England there is supposed to be no wrong without a remedy, Where, I ask, is the remedy for the wrong I and others have suffered at the hands of the vendor, promoter, and directors of the "Emma Silver Mining Company, Limited " ? S. T. PAPFABD. 44, TOXSLEY HILL, WANDSWORTH. August, 1873. APPENDIX. CORRESPONDENCE WITH MAJOR-GENERAL SCHENCK. . EMMA MINE. To the Editor of the MINING WORLD. SIR, I see in The Times of to-day that in a letter of Major- General Schenck to the American Secretary of State, Mr. Fish, speaking of the charges made on cablegrams sent by the Anglo- American Company, he uses the expression that " A systematic imposition is practised which ought to be exposed." Now I have no interest in the Anglo-American or any other Telegraph Company; but in the Emma Mine and in General Schenck's connection with it I am interested, inasmuch as I took my shares in a great measure upon the strength of his name being on the Prospectus. To me and many other deluded shareholders it appears a very strange thing, that notwithstanding the fact that the Emma Mine was principally floated upon the strength of the name of General Schenck, holding the high position he does, having allowed his name to be used in the sense of a guarantee of the bond fides of the speculation. Yet though it has turned out a disastrous failure, General Schenck has made no sign of attempting to help the unfortunate shareholders, and has given no explanation whatever. It is true, in reply to a letter from me in January last, he wrote me that he had still confidence in the mine, and was holding his shares in the full hope that dividends would come again; but in March he declines to give me any advice as to selling or holding. 42 APPENDIX. Sir, there are ugly rumours about as to what induced the American Minister to lend his name to the concern. I will not repeat them ; but this I can unhesitatingly affirm that among all classes of Americans now in London, at the Langham Hotel and elsewhere, General Schenck's connection with this notorious mine is spoken of in terms of regret, and is looked upon almost as a national reproach and calamity. As to the Emma Mine, to quote General Schenck's own words to Mr. Fish about the telegraphs, I do not scruple to say " a systematic imposition has been practised and ought to be exposed" and I now publicly ask General Schenck whether he will come forward and help to expose it. I am, &c., S. T. PAITARD. 44, TONSLEY HILL, WANDSWORTH, 2Qth June, 1873. 44, TONSLEY HILL, WANDSWORTH, S.W. July, 9, 1873. EMMA SILVER MINE. SIR, I must express my surprise that you have in no way noticed the letter from me in the Mining World of the 28th ult., or acknowledged my letter to you of same date ; the more so that two previous communications from me to you in January and March last were very promptly answered. In one of those answers, dated 28th January, you use these words : "I still hold my original investment of 475 shares, in the full hope of dividends coming again," &c. Now, in reference to this paragraph, I must tell you that one of the " ugly rumours " I alluded to in my published letter, is that you did not bond fide pay for the shares now standing in your name in the register of the Emma Company. Whether this be true or false I know not ; but this / do Jcnoiv, that a countryman of your own, now in London, and who is intimately acquainted with the whole history of the Emma Mine, and the means used to float it on the English market, has not merely told me, but has sivorn it in an affidavit, that, to his certain knowledge, Mr. T. W. APPENDIX. 43 Park, in settling with his co-partners of the New York Emma Com- pany, deducted the sum of 50,000 dollars as the value of the shares held by you, precisely as he did the 100,000 paid to Mr. Albert Grant for successfully bringing out the mine. Furthermore, the same party swears that the Hon. W. M. Stewart, who had no previous interest in the mine, had 2,000 shares given him by T. W. Park, for becoming a director himself, and for inducing you to become a director, and so lend your name and weight to the concern. As this information was volunteered to me without reward or promise of reward, you can hardly wonder that I should believe it, and act upon it until contradicted specifically ; and I now, therefore, ask you, General, respectfully, but firmly, whether the above two statements so sworn to are true or false, in any or every particular ? If not true, whether you are prepared to take any action, and what, against those who have so aspersed your character ; and if true, what you consider to be the present position of those shareholders who did really invest money in a concern which was palmed off on the British public by such nefarious means *? Both Mr. T. W. Park and Hon. W. M. Stewart were (and probably are) friends of yours. I charge these two men with coming to this country in the fall of 1871 with nefarious intent, and by fraudulent statements getting a large sum of money from myself and fellow original shareholders. I again respectfully, but specifically, ask you- whether you disown distinctly the acts of these men. Should you decline to give me any answer to this, I must, on public grounds, appeal to the force of public opinion, both here 'and in America, and I therefore beg to notify you what my present in- tention is : viz., to insert a letter in either the Times, the New York Herald, Tribune and World, or all of them, narrating the facts so sworn to ; to follow this up by a letter to President Grant and Lord Granville, as an aggrieved British subject, and to induce as many of my fellow-shareholders as I can to do the same, so as to bring a concentrated force to bear on the question. Eeserving to myself the right to publish this letter, and your reply or absence of reply, I am, Your Excellency's most obedient Servant, SAMUEL THOMAS PAFFARD. His Excellency, Major-General ROBERT C. SCHENCK, 58, Great Cumberland Place, W. 44 APPENDIX. [Copy.] 58, GREAT CUMBERLAND PLACE, HYDE PARK, W., July 10, 1873. SIR, I have your letter of yesterday. You complain of my not answering your communication published in the Mining World of the 28th ult., nor your note calling my attention to it. I should think you would have no difficulty in comprehending my reasons for silence. When you had previously written* to me asking, as it seemed, in good faith, as well as courteously, for any information which I, an original shareholder in the Emma Mine like yourself (although to a very much larger amount and with greater loss) might be able to give you, I replied promptly and in the spirit in which you approached me, and you had my sympathy. I gave you the benefit of all I knew, and suggested my own course, although I could not undertake to advise yours. But when you dragged my name into the public prints, and accompanied your communications with offensive inuendoes, I could not with proper self-respect take further notice of your letters. You are a stranger to me, and I know nothing of your motives, or why you should be disposed to assail me personally except under some great misapprehension. Your last letter discloses to me that you may perhaps have been deceived into believing statements based upon falsehood on the part of somebody. Considering that you may have been thus deceived, while I utterly disregard and am not to be moved by anything like threats, I have no objection if you will call on me here, at 10 o'clock on Saturday morning next, or at some other convenient time, to give you an interview as you suggest. My pressing engagements and duties make it difficult for me to appoint a meeting elsewhere. I am yours, (Signed) ROBERT C. SCHENCK. S. T. PAFFARD, Esq. 44, Tonsley Hill, Wandsworth, S.W. APPENDIX. 45 CORRESPONDENCE WITH MR. BRYDGES WILLYAMS. 44, TONSLEY HILL, WANDSWORTH, S.W. July, 1873. EMMA MINE. Sm, Pending the commencement of legal proceedings against yourself and co-directors, I am about to write and bring out a pamph- let, to be entitled, " The True History of the Emma Mine," and as I wish to be scrupulously accurate in my facts, I beg to ask from you the following information in reference to your visit to the mine in the spring of 1872. It has been admitted by yourself and Mr. Park that your expenses on that occasion were paid by that gentleman . but as I am informed on credible authority that the amount of the cheque you received from him on that occasion was 5,000, and that, even with the addition of Mr. Lawrence's expenses, it would be difficult to spend more than a third or quarter of this sum, I beg to distinctly ask you what became of the remainder 1 Was it returned to Mr. Park, or did you keep it as a bonus ? - You may turn round, it is true, and say, What business is it of mine as to what took place between yourself and Mr. Park 1 but my contention is that, as an Emma shareholder, I individually helped to pay those expenses, in however infinitessimal a degree, and therefore I have a right to ask the question. Furthermore, as Mr. Stewart, your solicitor, assured me, in a con- versation with him some little time ago, that you were " the soul of honour," I am sure you will not refuse to give me the information I now seek. I may mention that Major-General Schenck, the United States 46 APPENDIX. Minister, in a very lengthy interview he gave me recently, explained fully, in a courteous and candid manner, his position and connection with the mine. I am, Sir, Your obedient Servant, SAMUEL T. PAFFARD. E. W. BRYDGES WILLYAMS, Esq., M.P. HOUSE OF COMMONS, Monday, July 21. SIR, I beg to acknowledge the receipt of your letter, and to inform you that I shall at all times be quite willing to give you any information respecting the Emma Mine that I can, but that on all other matters I must refer you to my solicitors. I am, Sir, Yours obediently, E. BRYDGES WILLYAMS. CITY, 23rd July, 1873. EMMA MINE. G-ENTLEMEN, Since writing my previous letter I have heard from Mr. Willyams. He says, whilst willing to afford me any information as to the Emma Mine, on other matters he must refer me to you as his solicitors. Now, the question I asked him is simply this : Whether the amount he received from Mr. Park in the spring of 1872 was 5,000 1 and if so, what became of the difference after paying his own and Mr. Lawrence's expenses ? APPENDIX. 47 I am writing a history of the whole circumstances connected with the mine, and, therefore, want to be very accurate in my facts. The favour of an early reply will oblige. Yours faithfully, S. T. PAFFARD. Messrs. LANFEAR & STEWART. 11, ABCHURCH LANE, LONDON, E.G., 23rd July, 1873. SIR, We beg to acknowledge the receipt of your two letters of this date, and also yours of the 18th inst., addressed to our client, Mr. Willyams. When we previously communicated with you, we requested that any letters you might think proper to write on the subject of the Emma Mine should be addressed to us, and not to Mr. Willyams '> and we must again request that all communications be in future sent to us. We have no other reply to make to your three letters than to acknowledge the receipt thereof. We are, Sir, Yours obediently, LANFEAR & STEWART. Mr. S. T. PAFFARD, 44, Tonsley Hill, Wandsworth, S.W. WANDSWORTH, 24/A July, 1873. EMMA MINE. GENTLEMEN, Your favour of yesterday's date to hand. J note that you decline to give me any specific answer to my 48 APPENDIX. question as to the 5,000 alleged to have been paid by Mr. T. W. Park to your client, Mr. Brydges Willy ams. It is not likely that I shall trouble you or Mr. Willyams with any more communications ; but in my coming book, which I am now engaged in writing, you will see, if you get a copy, in what way I allude to the matter. I am, Yours faithfully, S. T. PAFFARD. Messrs. LANFEAR & STEWART, ll,AbchurchLane, E.G. CORRESPONDENCE WITH MR. ALBERT GRANT. 44, TONSLEY HILL, WANDSWORTH, S.W., 2Qth June, 1873. EMMA SILVER MINE. SIR, As you are probably aware, I am about to take proceedings against you in the Court of Chancery, as the promoter of the above Company, in which I am a shareholder. It is not, however, in reference to these impending proceedings I now address you. Briefly, it is this : I have been endeavouring to find out the author of a pamphlet entitled, "Mining Enterprise in America, as illus- trated by the History of a Great Investment. By Nummus." This pamphlet was printed by Messrs. Cassell, Petter, and Galpin, and' it was falsely stated in the Stock Exchange Review, Mining World, and other papers sent to me free in 1872, that it was published by the well-known firm in question. They, however, assure APPENDIX. me that they simply printed eighteen proofs of the said pamphlet, which were paid for in advance, and taken away by some gentleman. Now, as we know at this very time, Mr. T. W. Park was making desperate endeavours (and in which he succeeded) to work off on the public the 25,000 vendors' shares, which he alleged to Mr. J. E. Lyon would be locked up in your hands for a period of nine months or more, as sworn to in the latter's affidavit, thereby getting the said J. E. Lyon to consent to a settlement of his claim for a less sum than he would otherwise have done, I have no hesitation in saying that the pamphlet in question was -issued with a deliberate fraudulent intention, i.e., to prevent existing Emma shareholders from selling, and to induce them, and others, to purchase fresh shares, such fresh shares being undoubtedly those belonging to the vendors alleged to be in your hands. Now, as Mr. Park is not in this country, I cannot interrogate him ; and I therefore ask you if you are aware who wrote, and caused to be printed by Messrs. Cassell & Co., and sent to the press, the pamphlet before mentioned 1 Why copious extracts were given ' from the pamphlet by several of the papers it was sent to, and why these very papers were sent to myself and other Emma shareholders free, in the month of April, 1872 ? I am, Sir, Your obedient Servant, S. T. PAFFARD. ALBERT GRANT, Esq., 24, Lombard Street, E.G. [Other Letters to Mr. Grant, similar in tone, followed on the 26th June ; 3rd, 8th, and 16th July.] 50 APPENDIX. CITY, mh July, 1873. EMMA MINE. SIR, This is my sixth letter to you without any answer being given, which you must admit is neither courteous or business- like. I have now finished writing my "True History of the Emma Mine," and am about to get it forthwith published. However, as I have to comment largely in it on your dealings with Park, in reference to floating the mine, and disposal of the vendors' shares in April and May, 1872, it is possible you may like to go through the proof, and correct any inadvertent statement. I now find the arrangement between yourself and Park, as to the vendors' shares, was that you were to receive half on all they brought over 20 each, with 5 per cent, on the whole transaction. At least, that was Mr. Park's version of the matter to my informant. Should you depute anyone to wait on me, I am to be found by appointment on the Lombard Exchange. I am, Sir, Yours respectfully, S. T. PAFFAKD. ALBERT GRANT, Esq., 24, Lombard Street, E.G. [No reply received to this, or to three subsequent letters sent to Mr. Ridley, Mr. Grant's confidential man of business.] APPENDIX. 51 CORRESPONDENCE WITH MESSRS. CHAPMAN & HALL. 44, TONSLEY HILL, WANDSWOETH, S.W. 27& May, 1873. . SILVERLAND," GENTLEMEN, I have been in recent communication with Mr. G. A. Lawrence, and as he tells me he has nothing whatever to do with the future fortune of the book, having sold its copyright to you, induces me to address you on the matter. I do so as a shareholder in the Emma Silver Mining Company, and as one who, by the perusal of this book, was induced to hold his shares with disastrous effect, as the sequel has proved. I would venture to suggest to you, on public grounds, whether it would not be advisable, in any future editions of this book, either to suppress altogether the chapter devoted to the Emma Mine, or else put in a supplementary notice to the effect that the statements in the book as to the mine have been since found to be completely fallacious, and that the author was mistaken or deceived in making them. I do not hesitate to say that the publication of this book has had a most serious and mischievous effect in causing people, who would put no faith in prospectuses or directors' statements, to buy or hold Emma shares. In fact, I saw in a Glasgow paper, not long ago, advice from the editor to investors, to do so, upon the ground that the statements in "Silverland " might be depended on. As to the Emma Mine itself, I do not scruple to affirm (and I speak advisedly as one who knows more about the matter than the great bulk of the shareholders yet do), that it will prove to be one of the most gigantic failures, not to say swindles, of the age, and the 52 APPENDIX, time will assuredly come when the very name of the Emma Mine will become a byeword of reproach and derision. I acquit Mr. Lawrence of all intentional misleadings, but he was deceived, and wilfully deceived, as others were both before and after, I am, Gentlemen, Yours obediently, S. T. PAFFARD, Messrs. CHAPMAN & HALL, 193, Piccadilly, W. (No reply being given to this, three other letters followed.) 193, PICCADILLY, LONDON, W., 23rd June, 1873, DEAR SIR, In answer to your letters dated respectively the 27th May, and 3rd and 20th June, 1873, we have to inform you that we have seen Mr. Lawrence respecting them. He tells us that he has nothing to add to the statement he made during the personal conversation he had with you. As the matter is not a subject for our interference, we trust you will allow us to decline entering upon any further correspondence in the affair. We are, dear Sir, Yours truly, CHAPMAN & HALL. To S. T. PAFFARD, Esq., 44, Tonsley Hill, Wandsworth, S.W. APPENDIX. 53 44, TONSLEY HILL, WANDSWORTH, S.W., 28ft June, 1873. "SILVERLAND." GENTLEMEN, Your tardy favour of the 23rd inst. to hand. Permit me to say that your letter is no reply to mine of the 27th ult. There is this singular anomaly, too, that whilst Mr. Lawrence says he has nothing to do with the book, having parted with the copy- right to you, you say the matter is not one for your interference. On public grounds, on further consideration I think it will be best to send a letter to the Editor of the Athenceum, simply narrating facts, and leaving the literary and publishing world to draw their own inferences. What I propose to say in my letter next week is this : " A Book of Travels is published by you containing a highly-coloured account of a particular mining speculation, the which speculation has turned out a complete failure, having been brought out and bolstered up by fraudulent statements. The author of the book, by his own admis- sion, had the whole of his expenses to the said mine and back (some thousands of miles) paid by the deputy-chairman of the mine in ques- tion. Shareholders have been prevented from selling out, and others have bought additional shares, by the effect produced by reading the said book. When Eeviews of the work appeared in the public press, a shareholder had to write three times to the different papers they appeared in before the author gave any explanation whatever. Furthermore, on pointing out to the publishers the injurious effect the publication of the said work had, and was likely to have, the same shareholder had to write no less than four letters to the pub- lishers before he got any answer whatever, and then the answer he did get was no reply to his first letter." I am, Gentlemen, Yours faithfully, S. T. PAFFARD. Messrs. CHAPMAN & HALL, 193, Piccadilly, W. 54 APPENDIX. 44, TONSLEY HILL, WANDSWORTH, S.W,, UtliJuly, 1873. " SILVERLAND." GENTLEMEN, I am in receipt of your favour of the 12th irist., but must confess to a feeling of surprise at its contents. Surely you cannot mean to assert that a publisher's responsi- bility ends when he hands over to the author a letter from a reader complaining of statements, in the book, and gives that reader no answer whatever ! I again repeat that I have had no proper reply yet to my letter of the 27th May to you, three times repeated. I wrote to you because Mr. Lawrence distinctly, by letter and in conversation, told me. that having parted with, the copyright of the book to you, he had no further concern with it. Is it to be said, tlien | that a reader who applies to the publisher under these circumstances is to have no redress to have his letters unanswered, to get no ex- pression even of regret that statements in the book may have caused him to lose his money, by placing implicit faith in those statements ? I fear you do not appreciate the gravity of this question. Are you aware that the whole matter of the Emma Mine is coming before the highest Court of Judicature in the land 1 Are you aware that the private conversation of the House of Commons rings with the name of the Emma Mine (to quote the words of one of its members), from the fact that no less than six M.P.'s have been at one time or the other directors of this discreditable speculation ? Are you aware that the New York Herald of the 26th June heads a paragraph about the mine with the words in large type, "The Emma Mine Swindle " / " The Emma Mine Fraud " ! and "Minister Schenck's Emma Mine come to grief" ! ! ! Mr. Lawrence writes me that he has nothing to do with my pri- vate quarrels. Now I say I have no private quarrel with any one about the mine, but a public quarrel I have with vendor, promoter, directors, and all and every one who, by direct or indirect means, has helped to puff up this mine and cause me to lose my money. Reserving to myself the right to publish this letter and your reply. I am, Gentlemen, Yours obediently, SAML. T. PAFFARD, Messrs. CHAPMAN & HALL, 193, Piccadilly, W. APPENDIX. 55 193, PICCADILLY, LONDON, W., Wh July, 1873. DEAR SIR, With regard to your request that we should not issue another edition of Silverland without certain alterations, we beg to inform you that we have no intention of issuing another edition at present ; but should we feel inclined to do so after a while we will certainly consider your suggestion. Yours truly, CHAPMAN & HALL. (G. THURIDGE.) To S. T. PAFFORD, Esq., 44, Tonsley Hill, Wandsworth, S.W. CORRESPONDENCE WITH MESSRS. CASSELL, PETTER, AND GALPIN. 44, TONSLEY HILL, WANDSWORTH, S.W. 8th June, 1873. EMMA SILVER MINE. GENTLEMEN, Last spring, I think about April, there was published by you for private circulation a pamphlet, entitled "Mining Enterprise in America, as Illustrated by the History of a Great Investment. By Nummus." I have a particular reason in wishing to know who the author of this pamphlet was, or, if you do not know, who was the person or persons giving you the order to print same, and paying for the copies struck off. My reasons for asking this are that I have good grounds for believing that the said pamphlet was issued for deliberate fraudulent 56 APPENDIX. purposes, i.e., to prevent original allottees from selling, and to induce otlier persons to purchase shares in the Emma Silver Mining Company ; in fact, to carry out, in Stock Exchange parlance, an operation called Rigging the Market. As I am sure such an eminently respectable firm as your own would not for a moment lend yourselves to such a transaction, if you were aware of it, I now ask you to give me the information named, that I may further take up the question with the person or persons who issued it. You will see from the enclosed the action I am taking in the matter. I may mention that my solicitors are Messrs. Harper, Broad, and Battcock, 23, Rood Lane, E.G. I am, Gentlemen, Yours obediently, S. T. PAFFARD. Messrs. CASSELL, FETTER, & GALPIN, Belle Sauvage Yard, Ludgate Hill, E.G. LA BELLE SAUVAGE YARD, LUDGATE HILL, E.G. London, 10th June, 1873. SIR, We are in receipt of your letter referring to a pamph- et entitled " Mining Enterprise in America, as illustrated by the History of -a Great Investment." We find, on enquiry from our publishing department, that it was not published by us, and that, so far, nothing is known of it to us beyond its having been brought to our printing office by a gentleman, who requested that it might be printed for him, and who paid for the work in advance, and took the proofs away when they were ready. There were only eighteen proofs printed, and no other copies. We are, Sir, Yours faithfully, CASSELL, FETTER, & GALPIN, S. T. PAFFARD, Esq., 44, Tonsley Hill, Wandswortli, S.W. APPENDIX. 57 44, TONSLEY HILL, WANDSWORTH, S.W. 3rd July, 1873. MINING ENTERPRISE IN AMERICA, AS ILLUSTRATED BY THE HISTORY OF A GREAT INVESTMENT." GENTLEMEN, I beg to refer to your favour of the 10th ult. May I trouble you still further to tell me if you are aware who the gentleman was who gave the order for the proofs to be printed and took them away 1 If he did not give his name when he gave the order, as is usually done, can you say if by his accent he seemed to be an American 1 I have my suspicions who the party was, but I want to confirm them. Of course you are aware that under a Bill of Discovery being filed in Chancery, all these matters can be legally enquired into ; but you will not, I am sure, require any such thing to be done in your case. In fact, I have in a letter to the Athenaeum this week on the subject of a book called " Silverland," contrasted the way I have been treated by Messrs. Chapman and Hall with the prompt and courteous way in which you answered my previous communication. I am, Gentlemen, Yours obediently, S. T. PAFFARD. Messrs. CASSELL, PETTER, & GALPIN, La Belle Sauvage Yard, E.G. LA BELLE SAUVAGE YARD, LUDGATE HILL, E.C., London, 7th July, 1873. SIR, In answer to yours of the 3rd inst., we beg to say that we have referred to our printer, who states that the gentleman in connection with the proofs, about which you enquire, was, as far as his impression enables him to judge, an Englishman or at all events that he did not notice anything indicating his being of American origin. Yours truly, CASSELL, PETTER, & GALPIN. S. T. PAFFARD, Esq., 44, Tonsley Road, Wandsworth, S.W. F 58 APPENDIX. LA BELLE SAUVAGE YARD, LUDGATE HILL, E.G., London, Ittli July, 1873. SIR, . lu answer to yours of the 9th, we had hoped you would have been satisfied with the information already afforded you in answer to your previous letters upon the subject of the pamphlet. We regret that you press us for the gentleman's name, because we feel that you ought not to urge the point upon us. For instance, if we had printed anything for yourself which you had issued anony- mously, you would no doubt consider it a breach of good faith if we, at the instance of some one complaining of the substance of what you had written, gave up your name as a matter of course. We are, Sir, Yours faithfully, - CASSELL, FETTER, & GALPIN. S. T. PAFFARD, Esq., 44, Tonsley Hill, Wandsworth, S.W. 44, TONSLEY HILL, WANDSWORTH, S.W., 16th July, 1873. EMMA MINE. "HISTORY OF A GREAT INVESTMENT." GENTLEMEN, Your favour of the 14th inst. to hand. I had certainly hoped that when so eminently respectable a firm as your own were informed by me that a publication, issued with your name, was got out for the purpose of deliberate fraud, I had hoped, I say, that you would haye done all in your power to enable me to expose that fraud, and to fasten on the guilty party the odium and responsi- bility which belongs to him. However, as you decline to give me his name, the matter must rest where it is for the present. When the matter gets into Chancery a Bill of Discovery will be filed, and then we shall doubtless learn all about it. Pending this, I shall bring out my own pamphlet, and after point- ing out the purpose with which " Nummus" Avrote his, and giving extracts from it, I beg to respectfully notify you, I shall include my APPENDIX. 59 correspondence with you on the subject, and also with Mr. Albert Grant. Thanking you for the information already afforded, I am, Gentlemen, Yours obediently, S. T. PAFFARD. Messrs. CASSELL, FETTER and GALPIN, Ludgate Hill, E.G. CORRESPONDENCE WITH MR. ORR EWING, M.P. 44, TONSLEY HILL, WANDSWORTH, S.W., 26th June, 1873. EMMA MINE. SIR, On the 17th instant I sent you a list of questions to be put, and points to be gone into, by the sub-committee appointed to confer with the directors. May I ask if you received them (as I have had no acknowledgment from you), and, if acted on, whether the result tends to verify them or not 1 I have also not had back Dr. Atwel's qualified subscription-note which I sent you in mine of the 5th inst. I shall be obliged by .your returning it, and also if you will let me know whether you feel disposed to support me in the proceedings I am advised to take. As some doubt has been expressed as to my motives in taking the initiative I have in the matter, I have simply to observe that it is done solely with the view of endeavouring to get back my money, and I challenge the fullest enquiry into the truth of this statement. My solicitor, Mr. J. E. Harper, informs me to-day that he is likely to have to go to the United States on other business in about three weeks' time. Whilst there he might make many enquiries to still further verify the statements made in Mr. Lyon's affidavit, which you have seen, I believe. I think it very desirable that he should do so, and would be glad to hear that you, as a large shareholder, are of the same opinion. I am, Sir, Yours obediently, S. T. PAFFARD. A. ORR EWING, Esq., M.P. APPENDIX. HOUSE OF COMMONS, 27/A June,, 1873. SIR, I have your notes of 17th and 26th inst. You cannot expect me at present to answer any of your questions. I returned your Dr. . Afcwel's note. I cannot comprehend why you, with five shares, should place your- self in the position you have done, although it may be, as you say. from the sense of a great wrong. Your obedient Servant, AIICHD. ORE EWIXG. S. T. PAFFARD, Esq., Wandsworth. 44, TONSLEY HILL, WANDSWORTH, S.W.,.- 2th July, 1873. EMMA MINE. SIR, Permit me respectfully to ask you whether any and what use was made of the various questions and points of enquiry I sent you as necessary to be gone into by the sub-committee ? I ask this because, to my surprise, in the preliminary report, just issued, I see no reference whatever to these points mentioned. I am now busy writing a " History of the Emma Mine " for publication.. I am, &c., S. T. PAFFARD. ARCHD. ORR EWING, Esq., M.P., 3, Cromwell Road, S.W. [No reply received up to present date.]