Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-05-29
THE NORTH STAR.
GEN. WINTERS'S SUIT TO WREST
1T FROM SWIFT 4 co.
I. Z. Clohecy Files q Supplementary
Answer-He Denies that He Is Inter.
ested In Any Way in the Matter, Ex.
ccpt as Jaikowski's Agent.

ccpt As Ja1kOWSki,S Agent.
Some time last January the TINES
published the complaint in a suit in
stituted by John B. Winters agains,
D. y. Swift & Co., to compel an ac-
counting of that firms claims agains,
Jaikowski, the poor old prospectol
who located the North Star mine, on
the East Fork of Wood river. and
afterward became SO involved that
ne lost, or was generally supposed to
have lost, all right, title and interest
to the property.
A few weeks afterward the TINES
published the demurrer filed in the
case by 7. F. Clohecy, one of the par
ties defendant, also, the answer of ]
.. Swift, another of the parties de-
fendant. A few days ago L. E. Globe.
cy filed another and supplementary
answer, in which he denies that, at the
times mentioned in the complaint
there was any other person than J.
y. Swift and this defendant mem.
bers of the firm of j. o. Swift 4
Co., doing business as such, and un.
der said firm name, in the county of
Alturas, Idaho Territory. And de
fenuant AYERS that, at said times.
the CO partnership existing between
j. .. Swift and himself, under said
hrm name, was confined exclusively
to the business Of dealing with, buy
ing and selling goods, wares and
merchandise.
Defendant denies that the said
William Jaikowski was, at the time
alleged in said complaint, the owner
of the entire Of said two mining
Droperties, to.wit: lst. That GER
tain vein, lode or lead known as the
North Star mine. 2d. That certain
other mine, lode and vein known and
called by the name of the American
Eagle mining claim, described in
plaintiffs complaint. Defendant ad.
mits that the said Jaikowski being
the owner of said North Star nine,
did make conveyance, as alleged. of
the undivided one-third part of the
same to said Owen Riley. But as to
said American Eagle mine, lode and
claim, defendant says that he is in
formed, and upon such information
believes, and AYERS the truth to be
that the same was originally located
by said William Jaikowski and
Owen Riley, and by virtue of said act
of location they. the said Jaikowski
and Riley, became the owners thereof.
Defendant admits that at or about
the day and year stated in plaintiffs
complaint, said Jaikowski employed
this defendant to negotiate a loan
from Mccormick g. Co., bankers at
Salt Lake City, in the Territory of
Utah, and admits that the pur-
pose avowed by Jaikowski therein
was to pay Off the several amounts of
incurred by him, Jaikowski, in de-
veloping said mining property, and
then owing and paying to divers and
sundry persons. But defendant de-
nies that, at the said time of his en-
ployment to negotiate said loan, Jai-
kowski was indebted to j. o. Swift
4 Co. on any account, for any sum
whatever.
Defendant AYERS that at the time
of his employment therein, and at
the time prior to the effecting of said
loan from Mccormick & Co, the said
Jaikowski stated that the sum of
$4,000 would be an amount more
than sufficient to pay off all the debts
and liabilities incurred in working
and developing said property, and
that after paying all such debts a
considerable sum, out of the loan of
$4,000, would be left to be applied in
the making Of other and further de-
velopments on said property. And de-
fendant AYERS that Jaikowski grossly
misrepresented the condition of his
affairs, and that after obtaining the
loan, on behalf of Jaikowski, he, this
defendant, discovered that the
amount Of the Indebtedness incurred
and then outstanding against said
Jaikowski, then in the hands of
divers and sundry persons mentioned
in plaintiffs complaint, greatly ex-
ceeded the sum of six thousand
($6, ,OOO) dollars, which he, defend
ant, had been employed to negotiate
for said Jaikowski with Mccormick
& Co.
This defendant admits, that after
his employment for that purpose by
Jaikowski, he. this defendant, did
negotiate and obtain loan from said
g II 4 l.