Weekly Arizona journal-miner. [volume] (Prescott, Ariz.) 1903-1908, 1906-03-21
MILLIONS IN DAMAGES ASKED
FOR BY PEAsE.

time ago by II. J. Bccmer Of New
York against o. A. Pcasc, to cancel
mining contract for the purchase by
Bcemer Of Peasc's interest in the
Amalgamated Gold Mines company nj
Quartzitc for $2,500,OOO, and which
IL pending In the district court of
Yuma county, and the alleged charge
OF cmbczzlcmcnt Of $4,000 Of the funds
Of The Amalgamatcd company, pre-.
fcrrcd by Becmcr against Pcasc,
which was dismissed recently, Pcasc
har brought suit against Becmcr by
cross complaint In the Yuma county dis.
'rict cour, for 100000, balance
claimed by Pcase TO be still due from
Beemcr on the purchase Of Pcasc's in
tcrcst In the Amalgamatcd company.
IN his answer to the Bocmer suit,
which was fled with the cross com.
plant yesterday, Pcasc first dcmurs
IN the ground TINT the complaint Of
Co constitute n cause ~ action.
But in the event Of the overriding Of
tho demurrer, the defendant Pcasc,
| FOR separate and individual answer,
alleges In part: That he Is not resi-
dent Of Yuma county bit IL n citi,rp
~ Chicago. I'll. That he never repre-
scented that he owned all the cnpitai
stock Of the Diamond Rhyolitc Gold
Mining and Milling Co., but that he
did own G5 per cent Of II. and owned
NIL the stock of the Amnlgamated cS
ccpt hfty.two preferred and 900
shares Of common stock.
That he never stated 10 Bccmcr III,
value of the mining property affected
bv the litigation. except ns his opinion
based on the reports of certain mininf
ovncrts He admits making certain
"orecmcn's mcrtioncd In the complaint
NJ no other representations other thai
he cxpcrts' reports. Admits Tint
Boomer. Charles Theodore Hcnnig ar'
Nimsclf wcrc together on the PROPERTY
~, denies having caused the uncarth
~" Of nuggets and other gold deposit
10 other words the sailing Of th
,irc
Tha, Bccmcr was 20 mako tests nn'
,rrcccd with the development of th
property and mill construction. notify
ing him when he would do 50. Tha
he was slow in his operations. and wa
rivci m extension Of time. Dcnic
MI fraud in the signing Of the contrac
referred 10. Denies assuring Bccmc
If nm Unlimited water supply, and n
lcgcs that II was che understanding 9
all parties that pipe line should u
o built from the Colorado river, unic'
: water could be developed by drilling
p Denies all of paragraph five in II
complaint except that he got an NJ
di,ional $4,000 for the oxploratio
: for water by wells ard paid out S99s
then tells. how the payments were mad
j. In paragraph six he alleges that
?. well was sunk so feet, which the 4
}. PENDANT was informed by the drillc
= was believed 10 have tapped nm inc
J. haustiblc supply of water, though
g never reported that fact 10 tho plat
n tiff except ms the opinion of the dr.
e crs and his belief and that he adv
- I'll e
y That fearing his contract would e
e pirc before he could keep i,s provision
p Beemer approached the defendant ~
d vious 10 Jan. :. 1904. and propos
h that defendant. Pcnsc. should ~
n his entire interest 90 him, ard IN
lo he, Boomer, would rush the constr,
n zion Of the plant, whcrcupon Pea
signed contract to that effect.
" Denies that Bcemcr was in1ucnc
y through Attorney S. s. Parks thou
nj Parks was Pease's counsel. Adm
Of that plaintiff paid him. Pcasc, $3.50
VI but denies that Parks got any p'
n Of IL.
Denies that Bcemcr spent s220,C
lcgitimately in cquipping the PR
~ cr,y.
Denies that he, Pense, shot the b
tom ont of the well or clogged IL up
a Alleges that the time for mill e.
- s,ruction was extended 10 July, 1908
Alleges the allegations in parngra
en- II ~ be false and intended To coc
GO defendant, that plaintiff might nv'
ne paying him n large sum Of money,
II lcgcs that the statements Of paragr'
~ IL are false. Admits that he asst
n ed his interest IN the Amalgamated
the American Mining and Snielt
cd company In March 1905, but den
RI, other allegations in paragraph II.
" MES the allegations of paragraph