Arizona weekly citizen., 1886-05-01

That it was generally known that Probate Judg John 5. Wood was Otfi- cislly and personally opposed to the issuance of sand bonds, snd1f be had not
 been prevented by sad fraudulent con cealment, would have acted as such member of said Board of Supervisors
 and would have voted against the issu- suce thereof, all of which was known to said Toole and Otis and to the agents Of said railroad company.
 That after the pretended meeuDgs
 fthe board, of May 5, 1885, and before said pre5tUded meeting of August 4,
 1883. said Tocle. with the knowledge aud consent of the agents of said rail road fraudl.ently and for the purpose of
 making It appear that he was no longer q etCckholjer Ot said railroad company, bnG no longer pecunIRrily in
 terested ln the issuance of said bonds,
 and so ns Co enable him tO give out and asser, tbst Le was qualified Go act as Q
 uenb ct said C1aFi at the meeting Of
 sad BJard,at ths meeting of August 4th, ISS3. made a pIetended, false, simulated
 and fabricated sale and transfer of bis
 said shares of the capital stock Of said
 railroad company, and thereafter on
 August Sth, 1883, caused said railroad
 company to make the false and freudu-
 lent entry upon its minutes to the effect
 that because said TOo,e had ceased to
 be & stockhOlder in said railroad com
 pAny, he wGs no longer a director there
 of, which declaration was false and un-
 true, and that m truth and in fact no
 bona iide sale or assignment was made.
 That for the purpose of stimulating q
 sale and transfer Cf said stock, said
 To1le pretended Co ssll the same through
 the agency of c. N. Strauss, presIdent of the company, t0 some pretended and
 unknown person for S4G0. That
 Strauss made and gave his check
 for said amount tO said ToUle, drawn on sail banking house of Hudson & Go. That said StrguGs
 had at that time no bank account or funds with said firm. That saii TCole delivered said check to said firm to De
 by iJ returned to said Strauss. That said stock Was never delivered nor as signed to said pEo.euded purchaser or to sad StrHu5s For vLs It transferred upon the books uf tue company. That immediately afitr said meeting of An. gust 4th, 1883, sad Hudson returned and delivered to said Strsuss his said cheek without presentation cr payment. That all of said proceedings were shams and pretenses frauduleE;ly conceived, plan- ned and carried ont by said TOole and tine agents Of seid company with the view and purpose aforesaid.
 That the agents ot the railroad com paDy, in order to induce said Board to insure aid, repressliei that t would sad raIiIoa4 EUd Tss able to obtain tAe necessary funds for that pur. pose and tEEt 1t had expcutsd SI3jO2. 5l upon sad railroad in connection with the construction, Gud The court Ii ds hat each and ail of these statements were false aud untrue auC made with intent to deceive said county plsi tf.
 Thet the railroad ccts;ruc.Icu and l would have cost hUout e3,UUG- | 20, and that as ,Is liue tae agents of ! -ald company proftsseG 90 have funds | Tor its construction, tEc rersCns engaged | n the enterprise IOJ,e. IiudsCu, | Strauss and , OiaTOy were Iu fact usOl- l rent and not poses d Cf eulscieut | IuDds to construc, that or aEy railroad, | and that the said railroad company did | not have exceeding SSUOUU bona fds | ,tCck subscriptions made by solvent | iub criber- and there were not exceed | rg S2l,OtO sub cliFtIons coilcctable by | .Orced sale, and uCt exctedlus S5,G0 | sould have been wiling y paid by such | towards fine construction of | he proposed rCi!rUGd.
 That the insolvency of The last named l 'ers0ns, and of tLelr representations at | ll times aud particularly at tho tln.e of | .O.dIng sand preteEdyd meetings ct the | Boaf6 of Supervisors and | Shi!e as5Sriug tu Bct upon said urpli- ation uf the railroad comrauy for bonds Tere well known tC said Poole and Ots s members of the Board cf Supervisors
 The legislative enactment authorizing he Issuance Of the bonds required a uaranty for the faithIul carrying out f the public enterprise for which gid -as extended. That said Board at a reteuted meeting of LIay 3, 1883. re uired gs guaraGty, that tine railroad cmpany should issue m the name of its hairmsB. to said IoOle, Gs trustee for he county and he should deposit with he county treasurer, JU0 shares of capi- Il stock, ncr-as-essatlt and to make ntries on the books Oi the company as of tine transfer, and to give | hat was des gnEttd by the preteuded 2 oaEd Bs a IeFsCual bond m the sum of JG eco. conditioned that S50OO, the ar value of the bonds received. would Q g expended and paid out m Pima ,unty, grading and in work on sald IIlroad before December lst, 1881 That sad bonds were to ue Iss ned only pOn the condition tha; Eaid railroad s 'mpany had fully and completely com led with and performed each and all of < Id requirements. d That ESne of She capital st1ck was D Cr is ned ir The Uamr - tue chairman
 the Board, Isd nO stock was su lssued iIch was ECn- -sssssab.e or iuily paid 2 ', or upon vLI.l tae subscription had ,en fuiiy TCii, u.r w1s EEE stock m b " manner tfau.fe--cc u-cu jEc bC, ks n
 sad company tp EaiI chairman, Dor !, IS any such stock or the evideucs of II ] transfer or L0r.-s~se.sable character O lIvered to the Courty treasurer. nor V as the personal bond Ct said company ven as required 5y sad reteuded m der Of May g, ls~3 nat sad coupsny EOliy fsiled and fused Co perform eHCh and all of said 2 quIremeIts end c.uJi.iCEs aud these ~ s-c spread ulou tue muutes nf the k .rpcse Of dec5r,i-u aud to prevent q t;ber opposition from t5e taxpayers '. said county. d That to make a s:mui1t,d and fcti-i .us compliance with I-id preierded LL der Ci May g. ls>;. !' vas arranged be-
 cen said Ous i.G IoJla acting or aterdug Go acs .f C-1tsrs of the - ard oi SuEcryi-r-., lnt the agents
 said rai,-,sj company that ere sLoCll b- s-Ie5 aud delivered n said treasurer, fui lbeTe vas SO de y cred Co said tic1ss5sT a paper c-rti- ate pretending '0 evidence 5tu shares the capital st--k 1f -1Ii railroad com nv, and Bi-u m I.s-fHc.cnt and vo-l nd OF und-Fta1irc That -aii stock .tIGcate vs- male iG the L.ns rf|
 B. P0mrOy lli not ia tia n4g.t he ,haru l' the b-ari. and ro tries appear uYou tte books cf s.l.t pPHuy show E- auy authority for ,rs l1ncc 'i sUch CT thg. 1t had hssn y pa:4 ID o- is Ion-u5ssssable. That =
 Gs5es5 5Gc-t or subscription on that T ck was eve. Iaii, sui ii ErfpIly \ led ls wHs ,ua.ecr 70 s.s-essrnert in
 sum oi SjutJJ. nI was or no .alue a ateFer. That The personal bond de- cred to the treasurer was wholly yoid si DO effect. and safi c.uuty -ava- E>