Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1893-12-02

Ntltd NuNI dS SiiANAt III NNlll tttltIs
Yours truly w. ] Z. McFfil
Mr. Clark further relates Tint before
this offer OF sale Was made The al
iuunt general OF the state had told him
that the printing Of the roster did not
belong 20 the state printer. but That
the governor could contract with whom
he pleased for the printing, ana this
was known To said Mccall, that MIR
Clark applied 10 the adiutant general
for leave to print the roster, that the
adiutant requested an opiuiou from the
attorney general, who gave his opinion,
'but not for the reasons or purposes
stated In the complaint Mir. Clark
expresses the belief thnr The contract
with Neral was q valid contract and
that the price OF $tqO per volume
was only fair ana reasonable price,
etc, together with other particulars ms
to the printing IN the event of th,
contract being carried out
MIR. Clark denies that he had pre.
yiouSly entered into a contract or that
The Times Printing company had done
So and alleges that the plaintiffs were
aware Of the fact, and that it was that
knowledge which induced them 10 on.
ter into "A partnership with McFan ana
to aid him in the work, and that they
did so unintlucnceH 10y Clark, having
obtained advice Of their own attorneys
as to the validity OF the contract; and
Clark denies that he requested Dow
to obtain from X. NJ, BaShtord his legal
opinion as TO the validity Of the con.
tract
Ii is admitted that between the DIST
aud 10Th days of April, 1898, the plain.
tins, or some of them, paid to MIR.
Clark ON account Of the purchase price
of S5SO0O for The Madison Times and
property, pertaining thereto, the sum
Of $1,000, and that no more has been
paid thereon. MIR Clark admits that
he used the whole OF said $4,000 In
payment of the debts OF The Times
company, but denies that he used any
part thereof excepting that $500 of In.
tercst was paid to Mr.. Woodland, or the
Citizens bank of Clinton, but admits
that the money borrowed of Woodland
was used upon The Times newspaper.
He further sets forth that after the
receipt of the $1,000 and its disburse.
ment, Gov. Peck assumed to revoke the
contract and did so, but that Clark in
no way influenced the act of the GOV
crnor and was not consulted in ref
ercnCe thereto, but denies that it was
IN fmtEerance of any conspiracy lie
also admits that after the contract was
revoked some Of the plahin's request.
cd him to return the $1,000, thd, there
upon he informed said plaintiffs and
said BOWS that he had acted i'm good
faith; that they had entered into said
purchase and sale aud into said print
ing contract after fun investigation
and with full knowledge of the law of
1887, and the provisions of said state
constitution, aud after consulting their
own attorneys, and without relying
upon the opinion of the attorney gen
eral or any opinion advanced by Clark,
and knowing as much or more about
It's legality than .e did; and that there
fore, Mr.. Clark was under no legal OBJ
legation to refund said money paid
him, but the contract having been an
nulled, Mr. Clark alleges that there
might be moral obligation resting
upon him, and under such belief he
gave them the sum of $1,000, all the
means he had, or could possibly com,
mand, and did SO, leaving his family
and himself destitute of means or prop
crty of any kind. Defendant further
admits that frequent requests have
been made upon him for further pay
ment, but denying his legal liability to
pay them anything, alleges that he
would have done so had he the means
to comply with their request.
CLANCEY'S REPLY.
Assistant Attorney General Clancy
denies the conspiracy charges in whole
and detail 50 far as they relate to him
self He admits that he was one OF
the original incorpOrators of the Madi-
son Times, but says that he disposed
of all his interest to Clark prior to the
making Of the roster contract He de
MES that he was a party to any agree
ment with Banker Woodland, of Gin
ton, whereby any money was to be
loaned to the Madison Times or TO the
defendants or to any of them, and that
he was ignorant of any such agreement
if il existed lie says that he signed
the bond of the Clinton bank with no
improper motive, and after Mr. Wood
ard had qualified for the full sum In.
yolyed He does not know how much
exactly he paid into the Times but dc
clares that lie donated his whole in
terest 10 Clark on or about March LIST
and that he never became obligated
to pay in any manner any debt Of the
company beyond his subscription Of
capital stock
LAKE MILLS HOTEL BURNS.