Arizona weekly journal-miner., 1886-06-30


 plaintiff actively participated in the let-
 ting and aw arding said contract to said
 Marion ln behalf Of plaintiff and as the trusted agent of plaintiff whose duty it then and there was to have said printing
 done a, the lowest cost practicable; but that the said defendant Thomas F.
 Weedin no, having the interest of the
 plaintiff in view, knowingly, wilfully and
 frauduien,ly aided ID causing the said
 contract to be awarded to said Marion
 at sad prices hereinbefore stated which
 were greatly in excess and more than the
 actual cost ot saio printing. to-wi': in
 sum of $5.ooo more than the actual cost
 and the sad Marion having so obtained
 said sum of money vi, $7,S347o from
 the plaintiff and out o plaintiffs said
 treasury ty the fraudulent aid and assis-
 tance of the said defendant as aforesaid
 did thereafter. t0wii: on or about the
 I.th day of March, AID. 1885 deliver
 and pay to said defendant out of said
 moneys . large sum of money to-wit,
 about the sum of $s,soo which the said defendant then and there iraudulently
 received from aaid Marion as part of the
 profits arising out of said contract for
 said printing.
 And plaintiff ayers ,hst the said de- fendant while a member Of the sad leg islative council of plaintiff as aforesaid, being part of the I3th legislative assem- ply of plaintiff at the several time and times herein above set out, whose duty it was % guard and protect the interests of plaintiff and especially not to aid or assist in the enactment of any law for his own private gain or for the aPprop,i- a,ion to his own use of any of the moneys Of plaintiff did in violation of his duty and of the public trusts reposed in him in that behalf, fraudulenily so man. age, act and exercise the functions re- posed in him as . member of the said I3th legislative assembly as to procure said contract to be let to said Marion, and the estimates of the amount due under and by the terms of said contract to said Marion, to be 50 made by said committee on printing by the said iegis- lative assembly and an appropriation .o be made by said I3th legislative assem- ply with the fraudulent purpose and intent that he, the said defendant might by means thereof, fraudulen'ly and un- lawfully obtain part of ;be said sum of money 70 appropriated. for his own use, and that said contract having by said means been so awarded and le, and said estimates so made by his aid and assis- 'ance and said appropriation of money to pay the amount of money thereof to be passed by the said legislative assembly and said money having by means thereof been drawn out of the treasury of plaintiff, said defendant did by hls several fraudulent acts and dolngs m the premises, actually and fraudnlentA ly obtain and receive said sum oi $s,s ou, of the public treasury of 'he plaintiff on or about 'he Isrh day of March, A. D., 1883; 'ha. said sum Of money is the money and proper y of plaintiff and no. Of drfendan', and plaintiff is ad-- vised, informed and believes ,ha, by reason of 'hs premises in law, equiv and good conscience . ,rus, results in favor of plaintiff and agains' defendan, as to said sum of money and ,ha. de- fendant 'osk and received said money in trust and held and still holds the same as trustee of plaintiff in trust for plain tiffs use; that by means ot the premises said defendant has deprived plaintiff of the said sum of $,,seo from the Is;h day of March, AID, 1883 hitherto; that the value of the use oa said money is he sum of 10 per cen, per snnum for all of said time and until said money shall be paid to plaintiff.
 Wherefore plain,iifprays the judgment and decree of this court as follows:
 First: That said defendant fraudulently and unlavfnlly took and received out of the treasury of plaintiff the sum of Two Thousand Five Hundred Dollars in good lawful moeey of the United States which then vas and still is the property of plaintiff. on the I sth day of March, A. D. 1883 and from thence hitherto he has fraudulen,ly and unlawfully retained kept and applied said sum of money to his own use and deprived plaintiff of the use thereof.
 Second: That said plaintiff still has md holds said sum of money as the trus- lee of plaint fl, that said defendent pay .o plaintiff the said sum of two thousand five hundred dollars at the rate Of ten per :ent per annum from the I7,h day of March A. D. 1883 until paid. together with plaintiffs costs herein incurred and expended.
 Third: That said defendcnt is guilty # fraud in obtaining said sum sf money 'ut Of the treasury of plaintiff and in mourning the obligation for which this 'ctiou is brought and that he be impris- 'aed in some place to be designated by he Judgment and decree herein until he hall have repaid the full amount of said nm of money so cbtained and 10. the whereof judgment shAll be endered and cos,s of this acton.
 Fourth: That plaintiff have such ther, further and differen, rellef as shall