The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-10-30

III O1SdhlLS1 III GAC
laws of the United
States,
VS.. No. As. November Term, 1906
Pennsylvania Development
Company, a Corporation
created and organized UNI
der the laws of the State
of New Jersey.
AFFIDAVIT OF DEFENSE.
United States:-ss. Western Dis
trict of Pennsylvania.
On this nineteenth day of October,
1906, before me, a Notary Public in
and for the county of Allegheny. and
State of Pennsylvania, personally
came Francis J.. Torrance, who be
ing duly sworn. according to law,
doth depose and say:
Thai he is the vice president Of
the Pennsylvania Development Com
pany. the defendant in the above en-
titled case. and was such vice pres
fdent during the period covered by
the alleged transactions set forth
in the statement of claims fled in
the case. and that said defendant has
a just. full II legal defense TO the
whole of the alleged claim L on;
which defense is as follows:
I. The averments contained in para
graph one of the said statement of
claim relating to the organization of
the Enterprise National Bank and the
appointment of a Receiver thereof,
are matters of which the aff1ant has
no specific knowledge. but the same
are not denied.
2. The existence of the Pennsylva-
MIA Development Company, defendant
as averred in paragraph two of the
said statement Of claim, is admitted.
1t is also admitted that this affiant,
Arthur Kennedy. William H. Andrews
and T. Lee Clark were stockholders
of said company Who the other stock
holders were. this affiant does not
recollect has not the informa-
ton at hand at the present time TO
state. but is advised that the same
is not material.
The allegation contained in said
paragraph two that the above per
sons were then and nave since been
promoters of a scheme, is denied. The
relations of this aff1ant and the 9th
er persons to the defendant company
were that of stockholders and off
icers thereof, and non other.
The said corporation was organized
for a legitimate business and did ac-
quire valuable property in the Terri
! t0rE of Now Mnvien II hos ono-
structed and equipped over 120 miles
of steam railroad connecting up
three great railroad systems of the
west, and is engaged in improving
and developing coal and timber
lands INC extending said railroad
system into the city of albuquerque.
In the n~eighborhood of $4,000, 900 has
been expended in these properties.
and the rapid development of Ife
country is greatly ~enchancing their
value. This affiant has personally to
this late, advanced on account of
said business. $S40. 900.
Afiant is advised that tne place of
residence of William H. Andrews is
not material to this proceeding. bat
he is informed and believes that said
Andrews has for some years past
been a resident of the Territory of
New Mexico and has not pee during
said time a resident of the county of
Allegheny. in the State of Pe~nnsylva-
mia. 1t is admitted that T. Lee Clark
was the cashier of the Enterprise Ma
tiona1 Bank. and was 50 known 70 afi--
ant and the other officers of the de
PENDANT company the same as he
was kno wns toe the Comptroller of the
Currency ard the officers of the En-
terprisn National Bank, and the pub
lie in general having business there
with.
The allega lions contained in para
graph number three of said state
ment that h promotes of said
scheme-if thereby is meant afiant
and other stockholders of raid devel-
opment company-had noe sufficient
CURED by said company, is untrue. It
is true that said company was incor-
porated with a capital of $4,000. but
this capital was adequate for the pur-
tpose.
The allegations in said paragraph
number three, that said Clark was
elected treasurer of said Development
Company for the purpose of procur-
ing the discount of notes at said En-,
terprise National AMI and for the
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