The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-06
THERE WAS NO FRAUD.
End of Contest for 3 Profitable
Mine.

41A4AEa
Clifford Histed, as a special master in
chancery of the United States court
mere. has decided a suit involving val
liable lead and zinc mining property
near Galena. Kas.s and has made his
return Of findings to the court. The
case is that of Mrs. Julia Mastin. ex-
ecutrix of the Will Of John ]. Mastin.
against f. St. John Noble and others
consolidated with the case of Thomas
Fl. and Julia Mastin. Iegatees of the
viii of John J. A1astin, against Noble,
Gabriel Schmuck Of Galena. Ellen o.
SchmuCk Of Cincinnati and R. o. Kirby
of Paris, I'll. The commissioner of the
court finds for the defendants and dis
misses both suits.
Mrs Schmuck and Thomas H. Nfastin
are brother and sister, while Gabriel
Scnmuck is d brother-in-laW of Mrs.
ochmuck- Ten years ago Thomas Mas
tin was the owner Of a large tract of
land near Galena in which he believed
70 be valuable lead and zinc deposits.
which he was anxious to develop Be
ing without means of his own to-do so
ne approached Gabriel Schmuck. a prac-
tlcai miner Of Galena. who although
without means Of his own was a man
OF reputation and connected with peo-
pie Of some money. He had held i'm
time been clerk of the supreme court
Of that state. Having Interested
Schmuck in the mineral DEVELOPMENT
scheme Mastin secured through him the
hlfby. IN consideration for which Mas
tin gave mortgage upon the entire
tract and also an agreement to nay
TO the mOrtgagors royalties upon min
erals taken from the ground
through some unfortunate turn in
circumstances Mastin defaulted the
mortgage After about d year had ex-
pred a new arrangement was entered
into by which Mastin leased to Mrs.
Schinuck and Kirby a small tract
known as Mastin's third subdivision. for
winch they gave him credit for $1,000
upon his Indebtedness. Mastin also
gave them an option for the purchase
awaited themselves.
Gabriel Schmuck took a one-half in
Iefest IN the lease and worked the
premises for metal. Before the ex-
plration Of the option the parties pur-
chased the leased tract and gave the
Nastlns credit in full for the payment
OF the $4,000 in which they had de-
Iaulted- In the meanwhile Thomas H.
Mastln had decided the entire tract to
John j. MaStln. his son, who later died
me Schmucks and Kirby found the
mine very profitable and in the time
which elapsed between the leasing of the
tract and the filing of the suit Mrs
Ellen Schmuck, Gabriel Schnuclx and
klrby netted $S3, 000 from their mine
Seeing the profit a which the DrOnertv
was being worked the Mastfns were
naturally chagrined at having parted
with the ground and brought an action
70 recover the profits and the mine
itself alleging fraud IN the transfer of
the ground 1t was in this connection
that the name of E st. John Noble was
brought into the suit, it being charged
that while acting as an agent for the
MaStlns he worked in the interest Of
the other parties. being cognizant of the
value Of the property which was secured
at so low cost
In making his report the master finds
that there IS no evidence of fraud in
+ connection with the sale and he exoner-
/ ates the defendants from the charge
As to Noble it is found that he had no
Interior interest, as Mastin's agent, in
erecting the transfer of the ground
The attorneys in the case are all
prominent lawyers. For the plaintiffs
Frank Haberman and Willard P. Hail
Of Kansas City appeared, while E. g.
/ Sapp of Galena, David Overmyer Of
/ topeka and Charles W Baker Of Gin
clnnau conducted the defense In speak
! ing of the report of Special Master Hist
ed, David Overmyer said today:
The report is an able and adrnira tle
! document not only on account of the
/ law, learning and legal ability mani
4 fest but 1t also possesses a literary style
/ OF high order which stamps Mr.. Histed
as man who can express himself in
terms not only clear and cogent but
! engaging and interesting"