Idaho semi-weekly world. (Idaho City, Boise County, Idaho Territory) 1867-1868, 1867-11-06

veyance, he had sold to us his entire interest
in the material. This proposition was agreed
to, as perfectly satisfactory, by Mr. FOye, and
Mr. Powell was made the witness, by consent
of both of us, to that arrangement.
/ Before the note for $1,000 fell due, Mr..
Powell one day said to me that Mr.. Foye
wanted to raise money on it, and asked me II
lit was a "good note" replied tnat IL was,
land Is would be paid at maturity. Before it
fell due offered to give Mr. Foye Ierrlto-
rial Warrant eff 81, 600 in payment, as he
might SHant the money, and the warrant would
readily sell for fifty cents on the dollar He
eaid he could wait, rs he had employment in
fine County Assessors Office, which, by the way,
beobtained mainly through my influence.
Some time ago Mr.. Bowman paid $500
upon the note Soon after Mr.. Powell said to
me that he had again loaned Foye 5000 on the
note and asked if that was "all .righsu ]
told him, so far as was Concered, it was, but
remarked that wished him not to.loan any
more upon the note andlOOk to me for it, until
saw him again. My reason for this was that
had been told that Mr.. FQye had declared
that he ehad the papers to show that he had
not sold me the Office" and that he proposed,
In q suit threatened by A. p Turner, or 9TH
ers, to ssFaur in Court that he never sold but
':half the effice,n in any event. At the time
of the sale to me, Mr.. Foye gave me the bill of
sale from Malone to himself, and other papers,
which, he assured me, were all of Importance
to the sale If he had reserved papers which
would show that he had indeed sold me moth
ing, I thought he ought not to have received
the $500 paid on the note, certainly no more
upon it, and / determined to make no allow
ance to him for share which he was willing
to swear did not have any right to. And /
resolved to have plain understanding with
Mr.. FOye before I did anything more in the
matter, or paid him any money.
Accordingly, | appointed Wednesday, Oct,
I'd, for an interview with him. He did not
come Next day he told me business duties
compelled his n0n-attendance. We then agreed
upon Saturday, the 5th On that day he again
failed, but that evening we agreed upon the
next day, the meeting to be at my own resi-
dence. On Saturday night | was taken sick.
He called on Sunday, but on his own motion,
in consequence of my illness, he deferred the
business interview.
was confined to my bed for two weeks, and
on last "Wednesday was barely strong enough
to get about. But, anxious to have the matter
amicably adjusted, on that day called him in
to my office, and proceeded to the business in
hand. / opened by telling him | thought
ought not to pay him any more, except the
note, and was about to tell him why thought
s0-because ] had heard that he was going to
swear that he had not sold me what I had agreed
to pay him for. He was under the influence
of liquor, and at once became much excited.
/ said to him that was not strong enough to
partake in an excited argument, and that he
must wait until was better and he could talk
coolly and without anger. told him would
pay 500 he asked for, to certain friend, to
whom he owed that sum, and that, with the
5000 had accepted, to Mr.. Powell, left only
5000 due on the note. He made some threat
at the time, but gave no attention to it. /
told him would see him on Saturday or Mon
day, and fix the whole matter with him, but
again urged him to be prepared to talk over
the affair with GOODNESS and without anger.
On Friday noon, as had come out of Mr..
Kingsleys store, with two small packages of
articles just purchased there, carrying one in
each hand, and my walking cane under my
arm, on my way home, Mr.. Foye suddenly
rushed upon me from behind the Wood-pile
across the narrow street, and commenced
violent assault upon me, charging that had
robbed him. / escaped from his clutches, got
into Mr.. Kingsley's, and there others followed
and led him away. He knew that | was very
weakly in health, and was not able to cope
with any one in a personal encounter then. lie
was in vigorous physical condition. In weight,
strength and stature, he is vastly my eupe-
rior. He knows never carry weapons of
any sort. He also knows that when in health
never plead my size, or anything else which
may be to my disadvantage, in personal con-
ficts that / think when a small man takes
risk against big one, he has no right to COM
plain of the consequences to himself-be they
what they may. Therefore his attack was cow
ardly in the extreme, and utterly without cause
or provocation. But shall not waste words
upon that part of the case.
have given the facts above. And so that
Mr.. FOye shall have no reason to complain of
any unfair play or advantage at my hands, /
here offer to publish whatever he may wish to
say in correction or denial of the facts state.
| sent him word by friend, on Saturday, to
the effect that was willing to hold peace be-
tween us until we should each select friend,
submit our business difficulty to them, and
abide by their decision. He mas not assented to
this very fair proposition.
Now, as to some points | am told Mr.. Foye
makes against me, in his version of the trans
action between us:
First. He says have robbed him of sums,
varying in different statements, from $1400 to
|$3, 500 The note for 81 900 is the only obi
cation, written or verbal which ever passed be-
tween us. OF that he has received virtually
$700-the $3.50 paid by Mr.. Bowman, and the
5000 additional l accepted; and on Wednesday
last had further agreed topay all that he then
asked for-$l00 to a certain friend in town
The remainder due / have never repudated
nor denied payment of. simply deferred pay
ment until had better assurance from Foye-
IN fho nncSacSinr, or %ho cd 90 4 ~