The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-05-13
IMPORTANT LEGISLATION.
THE ANSWER OF JOE II. STEWART
AND A. 4. HABICHT IN THE
INJUNCTION SUIT.

I'M UNCIlON SUIT.
The state of Texas VS.. Joe II. Stewart
ct al, in district court, Travis county,
Texas
Now comes Joe II. Stewart and A. E.
Habicht, defendants herein, and, answer
ing for themselves and no one else herein,
say, each for himself:
That the allegations in the petition
herein are absolutely and literally false
and untrue, in so far as they relate to
these two defendants, upon the questions
of cheating, defrauding and swindling
ihe state of Texas, as charged against
hese defendants. Said defendants rep
resent and say that neither of them knew
or had any intimation whatever from any
one, or any source, that Peter Bell, Sam
Bell, Milburn James and Hamp Morgan,
or any one of them,were negroes, until on
or about the Sth day of February, 1886.
That said land certificates were issued on
or about December "a, 1885, and we're
sold by us, as attorneys of said four per-
sons named, on or about December 80,
1885. And ON or about said last date
these defendants RENTED the proceeds
realized from the sale of said certificates
to the parties entitled thereto, less our
fee. That the amount so RENTED by us
was 81 600, at which last said date the
four certificates were delivered to the
purchaser, said purchaser having paid for
the same. That on information and be-
lief said purchasers we're not advised CT
informed that the four persons named,
and to whom the certificates were issued,
were negroes, until on or about the Sth
day of February 1856. That soon after
these atlantis were informed that said four
persons were negroes, atlantis advised
said purchasers, and that the said pur-
chasers asked atlantis to supply them with
four other veteran donation land certiti-
Gates in lieu of the four issued to said
negroes, and as collateral for
the same; that ON or about the - day
of February, 1886, atlantis sent four other
veteran donation land certificates to said
purchasers, as requested by them, and
atlantis instructed them to held said last
four certificates as collateral for the said
four issued to said negroes, and that said
purchasers and the owners of said certifi-
Gates to said negroes and have been such
owners since about December 30, 1885,
and are now holding the other four vet
eran certificates sent them by us as col
lateral for the said four issued to said
negroes. Atlantis say that they did not
know the said four persons were negroes
and only then from hearsay, until about
forty days after the said land certificates
had been issued to them and sold by affi'
ants for their credit, and the money, as
hereinbefore stated, RENTED in payment
for said certificates. That if said certii
Gates were wrongfully issued, defendants
only knew of it as above stated, and that
said purchasers became purchasers with
out any knowledge of such fraud, ano
we're innocent purchasers without any
notice of fraud.
Atlantis further say that, in their opin
ion, there was no fraud practiced by sale
negroes, or any one else, as we think the
said negroes were entitled under the Law
to said certificates, if they performed thu
military duty claimed by them in thu
proof filed IN their cases, but had atfiant'
known they were negroes at the date o.
the filing of the applications for said Ger
tifcates, they would have so advised thu
board of veterans and the commissions
of the general land Office. They therefor
ask that the injunction herein be dissol
we'd, and that they go hence without costs
The above and foregoing facts are tru
to the best of their knowledge. informa
ton and belief. Atlantis further say tina
they are informed and believe that sal
certificates are not located.
(Signed) JOE II. STEWART,
A. E. HABIoHT.
The answer is duly sworn to befor
Thos. Il. Taylor, notary public.