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been a later excavation or enterprise.

Q. Now, did yon take the chisel and mallet and get specimens oat of
that too t— A. I did not personally.

Q. Well, did your men in yoar presence t — A. They did.

Q. So yoa went into that also t — A. Yes, sir.

Q- Now, there we have got the La Abra, the Ei Gristo, and the La Laz
into which yoa went personally and saw specimens of ore taken out
with a chisel t — ^A. Taken out with a chisel.

Q. How did the last, the La Laz, turn out in richness t — A. I think it
was rich, bat predsely what — it was satisfactory, I know.

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Q. Where was it analyzed t — A. It was benefllciated — analyzed there
at the patio.

Q. By what process ; by poonding it t — ^A. By speading out, I would

Q. By quicksilver f — A. I think so.

Q. No heat applied t — A. I do not think it was burned at alL

Q. Well, there are three. Now, didn't you go into the Arrayan t—
A. I do not remember particularly, but I think that we went into them
all ; that is, all the principal mines.

Q. Do yon remember, withont giving mere impressions, but knowl-
edge—do you remember as a fact you took specimens out of the Ar-
rayan t — A. I know we took specimens Gome to think about it, we
went into all the mines that this man Castillo had been working^ There
were four, and the Arrayan was no doubt one of them.

Q. Now tell the committee what the chara;cter of the ore was out of
that fourth one ; I mean as to the way it showed when it came to be
analyzed or assayed f — A. Well, that was taken out in the same way
as the other, by chiseL

Q. I know; but I am asking how much it yielded to the tout — A. I
do not think they took any out that did not yield over $100 or $160 or
$160 to the ton. It was all of good yield, but precisely now what those
yielded I have no recollection of the precise quantity , but I know it was
esteemed very satisfactory.

By. Mr. Foster:
Q. What was the yield f— A. $120 or $130.

Q One hundred and twenty dollars or $130 or $160 1 — ^A. Yes, sir.
It was considered satis&ctory to all of us as good ore.

By Mr. Shellabaroer:

Q. Which of the four openings was the lowest in richness t — A. The
lowest in yield t

Q. Yes; in the richness of the ore; or can you tell t— A. I could
hardly recollect. It nether strikes me that perhaps the Arrayan was
less valuable ; but they all were satisfactory.

Q. Now tell which of those mines you bought from Hardy, if that
was the name, and which from Castillo t — A. The La Abra proper; the
one on top of the mountain, that went down from the top of the mount-
ain, was the La Abra mine proper; that we got from Hardy.

Q. That was priced in the purchase by itself, was itt — A. Yes.

Q. And that was $22,000 1— A. That was $22,000.

Q. And was paid all of it in stock t — A. All of it in stock.

Q. Taken by Hardy t-A. Taken by Hardy.

Q. Then the other three; were they all bought of the Mexican
named t — ^A. All of Mr. de Yalle; Don Juan Castillo de Yalle.

Q. And that was bought at what t— A. My recollection is $60,000.

Q. And that was cash f — ^A. That was cash.

Q. All cash f^A. All cash, in gold.

Q. Now, where was the bargain closed t It is not necessary to go
over the parties and process of negotiation, but where was the baigam
closed as to each purchase — the La Abra and the other t — A. That wslb
closed — it must have been closed by General Bartholow and I there

Q. On what condition t — A. On the condition that our report was
accepted and satisfactory, 1 suppose, tQ those gentlemen ; that must
have been the condition.

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Q. So that you had a provisional contract when yon left t — A. Yes,

Q. And left Mr. Bartholow there t — A. I think so; that is about my

Q. Now, yon went back to New l[ork t — A. Yes, sir.

Q. Is there anything that yoo have not stated, either in your open-
ing examination or now in this other examination, that is material
as affecting the value of the mines, that yon have not related^ and if
there is anything jast tell ns all abonti it, bearing apon, now mind, the
valae of the mines as to their prospect of yield t — ^A. I can only say we
supposed they were all very valuable indeed — ^that it was a valuable
estate, valuable property.

Q. That you have already related. There is no fact you know that
bei^ upon their value that you have not already related t — ^A. Not that
I recollect.

Q. What did you do, then, when you went back to New York first in
regard to organizing t What was the first step you tookt — ^A. When
I got back to New York, Mr. Bartholow. as you know, was left there in
Mazatlan. We called together these friends, the gentlemen who were
then in New York, and submitted a report which was made by us

Q. Submitted a report in writing t — ^A. In writing, I think, and then
supplemented by some statements of my own.

Q. That was submitted to what or whom t— A. Submitted to those
gentlemen who proposed to form this company.

Q. You had been conferring together before your departure t — ^A. Oh

Q. I say they were the same ones who had been conferring with you
and who brought about your departure! — ^A. These were the same par-
ties; yes, sir.

Q. Well, you submitted your report; submitted one in writing t — ^A.
Yes, sir.

Q. Oan that writing be produced, so far as you knowT — A. I have
not seen it since. It was among the papers probably of the organiza-
tioD, but I do not know that that was the case.

Q. Did the report contain a specific detailed statement of what you
discovered as to the openings that we have been going overt — A. I
think that is likely; it was a favorable report, so much so that

Q. I mean it went into detail ; did it go into details as to what you
got out of this opening and that, and the resoltt — ^A. No doubt.

Q. Well, you carried back some of the ore there, didn't you t — A. I

Q. From all four, or only one or two t — A. I think from all the mines.

Q. Did you keep them separate t — ^A. 1 think so. I think they were
put in papers and labeled.

Q. Well, Oolonel De Lagnel has spoken of getting a large specimen
of you, if I recollect his testimony t — ^A. Yes; I recollect I had several

Q. Have you read over DeLagnePs testimony t — A. I glanced over it.

Q. Do you recollect a particularly attractive piece of ore he speaks
off— A. Yes, sir.

Q. What mine was it out of t— A. I do not remember as to that. We
had a number.

Q. You can't answer as to which one t — A. I can not answer as to
which particular <

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Q. Now. Mr. Garth, tell as whether there was any effort on your part,
or on the part of anybody, so fiu* as yoo know, to make a better-show-
ing by the exhibits made there of ore than were justified by the aver-
age condition of things in the openings; was it a selection of an acoi-
cidentai, an extraorSnarily valnable specimen, or was it an average
one, or what was it that yon took there t — A. We tried to get an aver-
age one. I had no object in deceiving anybody.

Q. Welly yon wonld be deceiving yourself as much as anybody elset—
A. Yes, I had no object in making a speculation of this mine or putting
any stock upon the market. Such a thing never occurred to us, at least
it never occurred to me.

Q. Then what was the first combination or business organization that
was formed either inchoate or choatet— A. These gentlemen thought
favorably of the report; thought it was going to be a good operatioD,
and agreed to subscribe. They asked me about what amount -would do.
I told them about what the thing would cost and about what we had es-
timated the machinery wonld cost to get it going there and in operation.

Q. Well, did that estimate include the cost of making this tunnel yoa
spoke of that was to cut the four mines away down below where thoy had
bNDen worked to; did your estimate include that work, toot — ^A. Tes, I
think that was included, too.

Q. And what did you make the estimate amount tot — ^A. The estimate
that Bartholow and I had formed there ' would be about $150,000 or

Q. And that was the one the organization adopted in New Torkt—
A. Yes, sir.

Q. When you came to get up the first stock t— A. Yes, sir.

Q. Now you said there was an arrangement or a talk preliminary to
an organization, about getting up a stock subscription t — A. Yes, sir.

Q. Was it got up — I mean now, Mr. Garth, before any incorporation or
organization of the corporation — was there an actual stock subscription
made in writing before the corporation was organized f — ^A. Ob, yes;

Q. At what time was that done; what month or what yeart — ^A. It
was done soon after I got back.

Q. When did you get backf — ^A. I got back, I think, in September;
early in September.

Q. Of 1865 1 — A. Yes, sir ; and this thing was laid before these gen-
tlemen a day or two perhaps after I got back, or as soon as we oonld
get them together. They were not poor.

Q. How much of that stock subscription that was made up in writr
ing before any corporation — how much did it aggregate t — ^A. I think
it was $150,000 or $160,000; more than $150,000, 1 think.

Q. Was that subscribed in a book or separate sheet of paper t — A.
On a paper, I think.

Q. It was not in one of our little pocket-books or any bound con-
cern t — ^A. No, I think not. My recollection of it is it was sort of like
a list of names.

Q. Was it subscrit>ed — every man subscribed his name andpnt down
the amount he would take t — A. Yes, sir.

Q. And where is that writing now ; can we get thatt — A. I have no
knowledge of it.

Q. Where was it left t — A. It was left, I presume, when the company
was finally organized ; it was left with the papers of the company. I
don't know.

Q. Well, you do not know from your personal knowledge. Was

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G^rge G. Collins on that listt — ^A. George 0. Oollins was on that list.

Q. How mach was G^rge 0. Oollins then worth, as near as yon can
tell his wealth t — A. He was among the largest tea importers in !New
York. I suppose the hoase of G^rge 0. Oollins & Oo. was worth a
million dollars. I do not know.

Q, Then f — A. Yes, sir.

Q. He was a subscriber for how mach f — A. I think he was $5,000.

Q. Well, was William L. Brown down for any stock f — ^A. Yes, sir.

Q. What was he worth, as near as yon can tell t — A. He was a rich
man, or comparatively ricn — not as riches are coanted there now in New
York, bat he was a wealthy man.

Q. What was his business! — ^A. He was in the tobaooo business —
had been.

Q. In New York Oity t— A. Yes, sir.

Q. Is he still living f — A. He is still living.

Q. In New York f — A. No, sir.

Q. Where! — A. In Wheeling.

Q. Wheeling, W. Va.!— A. Yes, sir.

Q. Well. I did not ask you whether Mr. George 0. Oollins^is still liv-
ing or noti — A. Do you want to ask tiiatt

Q. Yes. A. He is dead.
By the Oh airman;

Q. Is Mr. Hardy living f — A. I think Mr. Hardy is dead. I have
not seen him for many years.

By Mr. Shbllababger:

Q. When did he die t — A. I do not know.

Q. Where did he die t — A. He died in Missouri, I think, somewhere.

Q. He was a western man, was he, or did he come to New York t —
A. He never lived in New York.

Q. Was he not president for a while t — ^A. He just came there.

Q. I mean to livet — ^A. Oh, no.

Q. Did he never come to stay so as to take charge of the business of
this company when he was president t — ^A. Oh, Mr. Hardy; you are
talking about Mr. CoUinst

Q. Yes. — A. He was bom there.

Q. Is Mr. Hardy the one you say is dead t —A. Yes, sur.

Q. George 0. OoUins, is he deadT — A. Yes, sir.

Q. Who was it you were talking about when you said he did not live
there t — A. Hardy.

Q. Well, you got off the track or I did. — A. Well, I did not hear

Q. Now, Oollins is dead; Heam is living. Do you remember whether
J. Wilcox Brown was one of the subscribers to the first list T^ A. Yes,

Q. He wast — A. Yes, sir.

Q. Well, who is he and what is his business! — ^A. He was a wealthy
man; he was a man of means. I do not know what his business was -y
whether he was in any business or not.

Q. Do you know whether he is living or notf — A. I think he is.

Q. If living, where! — ^A. I think in Baltimore.

Q. How much did he subscribe in the first place! — A. I think tlO,000.
I would not be positive.

Q. What would yon estimate, if you had the means of estimating,
his wealth at the time this scheme was organized !— >A. 1 do not know.

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He was eBteemed to be a wealthy man — a quarter of a million or more,
I suppose.

Q. What was his property in— real or personal or commercial, or
what f — A. I think it was main/y in available assets — bonds and stocks,
and perhaps some real estate. I do not know.

Q. John H. Garth, did he subscribe at that first subscription t— A.
Yes, sir.

Q. How much t— A. I think $5,000.

Q. Is he a brother of yours t — A. Yes, sir.

Q. Do you know what he was worth then f — A. He was a man in good

Q. About what circumstances t — ^A. Well, I should say he was worth
$300,000 or more.

Q. Well, has he been as well off as that ever since, with the exception
of what was lost in this concern t — ^A. I think ao.

Q. Now your own name. Were you down on that first list t — A. Tes,

Q. Is John H. Oarth living t — A. Yes, sir.

Q. Where t — A. Missouri.

Q. What town t — A. Hannibal.

Q. Dabney 0. Oarth. Is that another brother t — A. No, sir; he was
a distant relative of ours.

Q. Where did he livet — ^A. Missouri.

Q. What was he worth thent — ^A. I should judge he was worth a
quarter of a million easily.

Q. What is he worth now f — ^A. He is dead — years ago. He was an
old man then.

(j. Did he die well off f — ^A. I guess he left between a quarter and
half a million dollars ; I do not know ; I have lost sight of him ; he
was a wealthy man.

Q. And Sidney Shackleford. Was he down on that first list t — ^A.
Yes, sir.

Q. Where did he livet — A. He lived in Missouri.

Q. What town t — A. I think he lived in Glasgow.

Q. Do you know about his circumstances t — ^A. I know he was in
good circumstances.

Q. About how much t — A. I do not know. He was well able to pay
anything he put his name to.

Q. Is there a man by the name of J. Oswald Sweeney t — ^A. There
was a man by the name of Sweeney j yes, sir.

Q. Was he down on that first list of subscribers f — ^A. Yes, sir.

Q. How muchf — A. I do not remember now precisely, but it was a
considerable amount. He was one among the large subscribers.

Q. I forgot to ask you about Dabney G. Oarth and also Shackleford —
how much they subscribed each t How much did they subscribe each,
Dabney 0. Oarth and Shackelford f— A. I think Dabney 0. Garth sub-
scribed $10,000—1 would not be positive— and I think Shackleford

Q. And how much did Sweeney, or did you say t — ^A. I do not remem-
ber^ it was from five to ten, perhaps ; I do not know what it was. He
was very able to pay. either.

Q. And he was well off— wealthy T — ^A. Yes, sir.

Q. Where did he live f — A. He lived in Missouri.

Q. Well, there is Thomas J. Bartholow. Now what do you estimate
his wealth at thai time t— A. I do not know; he was well ofl^ or claimed
tio be, and I supposed he was.

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Q. How mooh did he sabscribe, if at all f — A. I do not recollect now ;
!t may be five or ten thouBaad dollars ; I do not remember which.

Q. Is Sweeney living or deadt — A. 1 do not know; I have not seen
or heard anything of him.

Q. Is Bartholow living or dead t — A. I anderstand he is dead.

Q. John D. Perry. Was he one of the original subscribers f — A. I
think so. He was one of the subscribers, anyhow.

Q. How machT — A. I do not remember. Five thousand dollars, per-
haps, or maybe more.

Q. What were his circumstances! — ^A. Said to be rich.

Q. Do you know whether he was or notf — A. I think he was; that
is my opinion.

Q. What was his business t — ^A. Well, he was — I do not know but
what he was riulroading at that time.

Q. Was not he president of a bankf — A. Yes, sir; or at least con-
nected with a bank.

Q. What bankt — A. I think it was Lewis Bartholow & Oo.

Q. Was it a bank West or in New Torkt — A. In Saint Louis. It
was not a national bank : it was a private banking institution.

Q. Is Perry living t — ^A. I think he is living — at last accounts.

By Mr. Fostbb:

Q. Where f — A. I think he is in Saint Louis.
By Mr. Shellababgeb:

Q. There is Frederick Mead, or something like that. Do you remem-
ber himf — A. Yes, sir.

Q. Where did he live! — ^A. He lived in New York.

Q. What was his business t — A. I think be was a merchant.

Q. Wholesaleor retail t— A. Wholesale.

Q. Is he living or deadt — ^A. I do not know; I have not seen him for

Q. How much did he subscribe t — A. I do not remember.

Q. How much was he worth in 1S65 or 1866 1 — ^A. Said to be a rich
man. I do not know what his circumstances were ; unquestionably a
wealthy man.

Q. Westray & Oibbs, marked commission merchants. Were they
commission merchants t — A. I do not know; I believe so; they were
friends of Mr. Oollins. I did not know them particularly.

Q. Did you know their circumstances t — ^A. They were in comforta-
ble circumstances I imagine; well off. Not as well off as Mr. Collins
and these other rich people.

Q. How much did they subscribe f — A. I do not recollect; cannot

Q. Are they living; and, if so, where! — A. I think Mr. Westray is
living in New York, and Mr. Oibbs I have not seen for years. He was
the last time I saw him. He was an Englishman, but whether he is
living now I do not know.

Q. George 0. Ghace t — ^A. I had not much acquaintance with Mr.

Q. Was he a subscriber T — A I think he was.

Q. And can you tell how much he subscribed T— A. I do not remem-

Q. Where did he live t — A. He lived in New York.

Q. Living or deadt — A I think he is living. I have not seen him,
though, for some time.

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Q. And yoa do not know his circumstances t— A. No, I do not. 1
expect he is comfortably off.

Q. S. F. Nuckolls t— A. He was about New York at the time.

Q. Did he subscribe f — A. Yes, sir.

Q. What were his circumstances t — A. Said to be well ofll

Q. Do you know whether he is living or uott — A. I undeicsubua mat
ha is not living.

Q. William H. Bosst — A. He was a friend of Mr. Hearn, a brother-
in-law ; he lived in Delaware.

Q. What place in Delaware! — A. He was, I believe, about Seaford.
He is dead now.

Q. Did he subscribe t — k. Yes, sir; he subscribed.

Q. How muchf — A. I do not remember: $5,000 or more, I think.

Q. What were his circumstances t — A. He was well off— rich.

Q I. V. Hardy I that is the one that owned that mine t — A. Yes, sir.

Q. Is he living t — A. I understand he is dead.

Q. Where did he die t — A. In Missouri.

Q. How much is his subscription ; $22,000 1 — A. I think that was the

Q. G^rge Oriffin ; you have spoken of him ; he went out with you,
didn't het — A. Yes, sir.

Q. How much did be subscribe! — A. I do not remember.

Q. What were his circumstances f-<- A. I do not know much about
him. He had some money — he claimed to have some money, but how
much I do not know. I suppose he was amply able to pay what he

Q. That is the end of the list that has been handed to me by Mr. Bly.
Do you know any other subscribers to the stock originally than those
I have named over nowt — A. There were some others, but I can not

Mr. Foster. Judge, if you want to get at it there is a list presented
by Mr. Oollins, the president, filed.

Mr. Shellababoeb. Where is itt

Mr. Foster. It is in this document, 103, page 290.

By Mr. Shellabaroer :

Q. I have now gone over the principal stockholders that subscribed
to the first list of subscriptions. State whether at that time — at the
time these subscriptions were made— there was any incorporation yet. —
A. I think not ; I do not think there was any formal incorporation.

Q. Was there any contract of partnership or anything else excei t
what would be made out by the fact of the subscription of stock ; any
other paper I mean — writing that bound you together— except the sub-
scription books t — A. I think there was a sort of an agreement or in-
choate cori)oration. It was not an incorporation, certainly, because that
had to be done by the State, I think, but there was a mutual agreement.

Q. Where is that mutual agreement f — A. If it is in existence at all
it is with the original papers, I imagine.

Q. You are not able to produce itf — A. fTo, sir.

Q. So far as you know it is with the rest of the papers f — A. It
would be naturally so. I have no recollection of it otherwise.

Q. Can you state the substance of its contents; what it stipulated for ;
promised to dof — A. Well, it promised to go on and develop this mine
out in Mexico as we had agreed to do.

Q. Did it agree to purchase the mines at the prices you named —
$22,000 and t^ 000 f— A. Yes; that was ^he agreement.

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Q. Aboat how many of the stock Bubscribers we have gone over did
in ^t subscribe their names to that paper, as near as yon can recol-
lect, or did they all t — A. I think pretty much all ; probably not atone
time, though.

'Q. No, but before the corporation was organized did they all, so fai
as you can recollectf — A. I think they all did, perhaps.

Q. Now, yon said when the chairman asked you how much stock
there was in the concern, you said about $150,000 or $160,000.— A
res, sir.

Q. Is that right t— A. Yes, sir; about that

Q. And that was all paid upf — A. That was all paid up.

Q. Did you afterwards form a corporation, and if so, how — do you
know now — an actual corporation under the laws of New \orkt — A.
My recollection is that we had occasion to— we consulted Briton and
Ely about it, and they looked at the paper and they said it was not a
regular thing. "You will have to do differently; you will have to ap-
ply to New York and organiee a regular corporation ; this is nothing
more than a kind of partnership affidr,'' and this firm were employed
to draw up the papers and get the company regularly incorporated un-
der the State of New York, as I now remember.

Q. Now, did you see the articles of association or incorporation that
were filed under the laws of New York: did you see that yourself so
that you can tell what was in it t — A. Yes, I think so. It was under
the ordinary act

Q. Very well, I want A. I could not repeat it from memory or

anything of that sort.

Q. Of course not, but I want to ask this : What amount of capital
stock it provided for t

Senator Dolph. Judge Shellabarger, I supposed the law must have
required a copy of these articles to ^ filed in some office.

Mr. Shellababgeb. I am coming to that.

Senator Dolph. And I suppose that must be preserved; there must
be a record of that

Mr. SBOfiLLABABOEB. We will get it if it can be got

Mr. Lines. It is here already.

Mr. SHBLLABABaEB. Where is itt

Mr. Lines. The certificate of incorporation.

By Mr. Shell ababoeb:

Q. I suppose they are filed with the secretary of state, are they nott
How is it in New York 1 — A. Yes, they are filed in a public of&ce there.

Mr. Shellababgeb. You say it is in. If it is I will drop ir.

Mr. Lines. K you will go on with your examination a moment I will
hunt it up.

By Mr. Shellababgeb :

Q. How much was the capital stock in that concern t — A. In that
concern at that time $300,000, according to my best recollection.

Q. Was that all paid up, or noti — ^A. I think not. I do not remem-
ber now of anything being paid up on the stock subscriptions than I
have stated before.

Q. Do you think the stock subscriptions that were made to the cor-
poration after it was organized were more or less than those we have

Online LibraryUnited States. Congress. Senate. Committee on ForeCompilation of reports of Committee ... 1789-1901, First Congress, first session, to Fifty-sixth Congress, second session .. → online text (page 30 of 156)