The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-06-22

| knew nothing of the value or condition
| of the Little Johnny mine except that
which had come to them through
Charles c. Roger, one of the defendants,
| who was an old friend of the Kelleys.
Roger, it is claimed, went to the Kelleys
l at Galena, went to the agent Of Boett-
cher ct al, and induced them, as they
| charge, by fraud, deception and cOllu-
sion and with the intent to cheat, swim
die and defraud to sign a trust deed re-
, signing all their title to the property
for the sum Of 81, co.,
Prior to Roger going TO Galena he had
correspondence with the Kelleys rep
reSenting that he was Spectator in
small mining interests and that he was
prepared to take the risk of selling the
property to parties working on or near
theclaim. Those letters are a part of
thecomplaint. One written November
Ia, 1892, from Leadville, is as follows:
Dear Sir-I understand that your
son, Tom, formerly of this city, at the
time Of his death was one of the owners
of a mining claim on Breeze hill, in this
district, called theLittie Johnny. At
that time he owned a conditional inter-
est of about one sixth. AS l some times
speculate on small interests in mining
claims, and while this particular inter-
terest may never realize anything to the
owners. it is possible / could sell it to
the property under an agreement made
some years ago. l am not sure of this,
however. but will take the risk if you
care to sell me the interest for $500. If
this offer is satisfactory to you, the
legal heir of the late Thomas Kelley
you can let me know and / will have
deed properly prepared and forwaded
10 you for your signature and acknowl-
edgement. You can then return the
deed to the Carbonate National bank
with instructions to deliver same to me
on the payment of the aforementioned
sum. Please let me hear from you as
soon as possible.
CHARLES C. REGER."
Later. in December, 1892, another let
ter is alleged to have been written by
Roger 10 Kelley stating that the price
of $1,000 put upon the interest in the
Little Johnny mining claim by the KEEL
leys was far beyond his reach, but that
if 1t would be the means of making
the price satisfactory, he might pos
sibly advance his offer slightly
1t is also alleged in the complaint
that in the correspondence Roger and
Boettcher promised TO let the Kelleys
know II anything was going on at the
claim, but that these promises were not
fulfilled. and that Roger continued to
represent that he was acting for himself
alone, whereas he was acting as the
agent of Boettcher, Champion. eft al
The complaint goes on to recite that
the Little Johnny mining claim had be-
come worth from So, 600, 900 to $40. OOO. 900
before or shortly after the death of
Thomas j. Kelley in 1886, and that since
1t has become worth from $50, 00O coo to
slOO, 900, 000 Affidavits of all the plain
THIS are incorporated in the complaint,
charging fraud in securing their sigma
lures 10 the quit-claim deed
The plaintiffs ask for a disclosure of
all matters touching the property and
its operation since the death of Thomas
j. Kelley; for temporary writ of in
junction restraining the defendants
from disposing of the property, and for
a receiver for the Little Johnny claim:
that the deed to Boettcher by the plain
THIS be declared null and void: that T.
ID. Kelley be declared the owner of a
one-sixth interest in the Little Johnny
claim, and that an accounting be made
by the defendants to Kelley of one
sizAh part of all the profits Of the mine