The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-24

William G.. Nebeker, one of the di-
rectors of the Ajax Mining company, yes
terday swore to a complaint in the court
of Justice Haynes, at Nephi, charging
Samuel Mcintyre, one of the stockholders
of the company, with perjury. and this
coming week that gentleman will have a
chance to defend himself in criminal
action. The arrest of Mr. Mcintyre will
follow Immediately and he VIII nave
hearing as soon as the matter can De
determined.
The action in swearing to the complaint
is d portion of the litigation over the
stock of the Ajax company, and has been
concentrated Tor some time, according to
the best advice obtainabis. Ihe docu-
ment contains the history OF the reasons
for causing the arrest OF Mcintyre as
given in the following synopsis;
On this. the 2Srd. day OF April, A. u.
1928, before me, asjustice OF the peace
within and for the county of Juab, state
of Utah, personally appeared William u
Nebeker, who, on being duly sworn by
me, on his oath did say tnat the Sstld
Samuel Mcintyre, on the 18th day OF
March, 1885, at Salt Lake CITY, county vi
Salt Lake, state of Utah, in certain
action pending in the district court OIL the
Fifth judicial district OF the state OF
Utah, in and for the said county OF Juab,
wherein PetsrC c. Burke was plalntln ana
the Ajax Mining company, corporation,
and the said Samuel Mcintyre and others
were defendants, produced before one
GDdrlGS y, d
for said county of Salt Lake. and duly
commissioned, empowered and authorized
Dy law 10 administer oaCnS, a certain
cross-complaint in writing. in which said
cross complaint il was necessary and re-
Quired by law to be verified, ana the SAID
Samuel Mcintyre then and there in due
form of law, subscribed said cross-com-
plant before the SAID Charles ID. slavery,
notary public, and the said Samuel Nc
Intyre was then and there sworn TO the
said cross-complaint by and before the
said Charles ID. Slavery. notary public,
concerning the truth of the matters there
in contained, and then and there on his
oath aforesaid, the said Samuel Mcintyre.
among other things did, unlawfuily, will
fully, feioniously, wickedly, corruptly
falsely and knowingly assert, depose and
swear that the SAID company (meanlng
the Ajax Mining company Is lnsolVent
and wholly unable to meet its liabilities,
and that said condition of insolvency has
been brought about by the fraud, mis-
management and extravaganza OF the oil
rectory and agents in control thereof;
that the said Knox meaning Frank
Knox and the said Ryan Cmeaning Henry
NJ. Ryan,, together with other directors
under their control. have consplr9d and
confederated together to, and that nave,
procured a majority of the stock of said
defendant company for the purpose of,
and they have controlled in their own
interest and TO the great injury of the
said company and the minority stock
holders this cross complainant, and the
creditors of said defendant company the
business and affairs OF said defendant
company, and this crOSS-cOmplalnt and
the other minority stockholders in the
said company are and have been power
less to prevent said acts and said mis-
management hereinbefore complained OF,
and that on or about the 1st day of May,
1897, the said Ryan and the said Knox
(meaning Henry NJ Ryan and Frank
Knox with one William G. Nebeker,
member of the board of directors, pro-
cured an option TO purchase, in the name
of said Knox, for the sum of $1,000 an in
terest III a certain mining claim called
the Hungarian, adjoining the property OF
the defendant company, and as this
croSS-complainant is informed and be-
lieves, with the consent and acquiescence
of the board of directors of the said de-
PENDANT company, took the said $1,000 from
the treasury of the said company and
used il in payment of said option; and
thereafter the said Ryan and Knox and
Nebeker fraudulently procured to be
credited as payments upon said $1,000 the
sum of s525 for an alleged right of way
across said Hungarian claim, which said
right of way has long been owned by the
said defendant company, as said Ryan,
Knox and Nebeker well knew, and that
said credit so obtained and made was
wholly fictitious and without considera-
ton
The complaint then denies all the allie
cations of the said crosS-complaint
they are set out, seriatim. Then il sets
up that Mcintyre well knew when he
made affidavit TO these allegations, he
was swearing falsely, and he did not be-
lleve the same to be true. And the said
feloniously. unlawfully, willfully, corrpt-
ly and knowingly commit the crime of
perjury contrary TO the provisions of the
statute of the state of Utah in such
cause made and provided and against the
peace and dignity of the state of Utah"
1t is understood that perhaps another
arrest for the same offense will follow
this one.