Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-11-21
MIR SMITHS AFFIDAVIT.


Territory of Dakota, Yankton coun-
ty, ss john E. Smith beng first duly
sworn doth depose ard say. That he is
tho identical John Z. Smith, who has
beer furnishing brick for the construc.
ton of the new wings to the hospital for
the insane near YRnkton, now in course
of construction. That afisnt has read
what purports to be a special to the
Sioux City Daily Journal, dated at Gan.
ton, Nov. 10Th, under the heading 1.-THE
Ysnkton Asylum" That the statement
therein made that Mr.. Woolley ordered
or purchased brick from this afiant for
use in said hospital for the insane now
under construction, is wholly untrue and
has no foundation in feot. That the
further statement in said article, pub
l,shed in the Sioux City Journal as afore
said, that "Mr. Woolley had o mortgage
'on Smiths (my) stock and desired to
use his (my) brick" is also false in toto,
az no mortgage was ever given by me to
Mr.. Woolley personally or ss cashier of
the Ysnkton savings bank, for any
amount. Ali MT further says that the
brick made and furnished by him were
made end burned under the directions
of Mr.. Kean himself, as to size and hard
ness, and that the brick were made and
burned to conform as nearly as possible
to ssid personal instructions of Mr.. Kean,
the superintendent in charge of the con-
.srruction OF said wings to the hospital,
and who specially told this sffiant that I
should not burn this kiln SO hard-that
he was getting where he did not need
them so hard-but wanted them all o
uniform size-that he did not want only
g medium burn. That Notwithstanding
these instructions from Mr.. Kean as to
size and hardness of the brick thus burn
ed by me in conformity to his wishes, as
nearly as possible, l distinctly told Mr..
Kern that / did not desire him to take
anything but merohantable brick.
Affisnt further says that instead OF
Mr., Woolley having any mortgage on
any of this atlantis stock, Mr.. T. A. Gale.
Of the First National bank of Canton, did
nave a mortgage covering all of this
atlantis stock used In his brick yard for
the manufacture of brick; that said mort
gage was turned over by MIR. Gale
to Mr.. Pattee, the contractor, who used
the same to thu amount Of five hundred
dollars IN paying me for q part OF this
same Kiln of brick which Mr. Kean says
he was obliged to use on account of Mr..
Woolley's mortgage,
Afiant further says that during the
fore part OF September last past Mr..
Kean came to my brick yard and in
CURED of me how it came that l could
burn my brick in two or three days less
time than the pressed brick company
and get q hundred per cent better brick
that the brick were ahundred per cent
better than he had n idea Of, and de-
sired me to put on ell the force 1 could
possibly work, ss they would take Gil the
brick l could possibly make, and he
would guarantee the pay for the same.
Afiant further says that he told both
the contractor ard the superintendent
of construction that if there should any
brick come up to the hospital that were
Dot well burned and suitable to be used
in the walls, to set them aside and no
payment would be expected for them.
JOHN e. SMITH.
Subscribed and aworn to before me,
after beng read to the afiant on this
Goth day OF November, A. D., 1888.
[sEAL] l.. d. f. PooRB;
q. =. Com'r End Judicial District, Da.
kota territory.