The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-08-07
Was Associated With MOunDaJ
in Land Deals.
MADE DENIAL IN AFFIDAVIT
Innocent Investors Who Want.
ed Money Back
Told by MOunDay, "YOu Won't
Get a Cent"

surprise in the camp of the Noun
Days in his argument for a receiver
for the American Sugar Manufactur-
ing and Refining company, when he
suddenly produced records to show
that President John L. Simms of the
Oklahoma corporation had taken an
active personal interest in the man
agem ant of the MounDay land
scheme and had signed receipts for
money received at the company's To-
peka office The record was uneX-
pectedly produced by Dawson follow
ing the reading of an AFFIDAVIT by
Simms il which he denied any con-
nection with the MounDay land pro-
ject and declared that their land oper-
ations were independent of the su-
gar company of which he is pres1-
dent.
Much new evidence was produced
by the state in its application before
the Shawnee county district court for
a receiver for the MounDay Land
company, the American Sugar Manu-
featuring and Refining company or
Oklahoma and the Consolidated Su-
gar company of New Mexico. The big
surprise of the hearing, though, was
the offer of receipts to G. NJ. Harris
of Atchison county, which bore the
signatures, Il. D. w. MounDay, sec
retary-treasurer, per Simms."
IF there is any question about
this signature" challenged Dawson, as
he held up the receipt and the Simms
affidavit, Il think this court can take
judicial knowledge of the fact that
there is no question that both doc
uments were signed by the same
man."
Charges Plan to DefraUd.
Continuing his argument that the
MounDays were operating both under
the guise of the Oklahoma and New
NJ TOaxI
produced the affidavits of the post
office inspectors who recently raided
the MOunDay offices and secured
much valuable evidence Among the
Elizabeth G. Imholt regarding a land
purchase she had made. A carbon
copy of Mrs. MounDay's reply was
written on the stationery of the New
Mexican sugar company.
Then Dawson read into the record
his own affidavit, showing that he
had sent a night letter to the attor-
ney general of Oklahoma inquiring
whether the Oklahoma corporation
had filed a statement under the laws
of that state. He received a reply to .
the effect that no statement had ever
been filed, that such statement was
required by law, but that there was
a doubt as to whether charter would
automatically cancel for failure to file
the report.
Into the records then went the af-
fdavit of Vincent K. Jones, a civil
engineer of New Mexico, who declared
that no water rights on the San Ortez
grant were held by MounDay and his
associates.
IL another affidavit Henry T. Viles
of AtchiSon county told of his invest
ments in New Mexican land and prom
ises made by MounDay and his agents.
Viles stated that he had invested S5,-
800 in the MounDay land company
proposition.
An Alma Mans Experience.
n. S. Clothier of Alma told of his
experiences. He was advised by Noun
Day that he was investing in the
MounDay even went so far as to abuse
the government for its interference in
the affairs of the trust, the affidavit
said, and an agent told Clothier of the
half million dollars in securities on de-
posit in Topeka as an evidence of good
faith. Clothier was also given to un-
derstand that if he became dissatis
fled with his investment that he could
get his money hack.
few weeks ago, CIothier visited
MOunDay, told the promoter he was
not entirely satisfied and asked about
getting his money. MounDay, the af-
hdavit recites, told the Alma man he
Couldn't get a ID cent back"
''Won't Get Cent''-MounDay.
Arthur A. Cless of RossviIle had
that he was getting in on the ground
floor with the sugar trust, but that
the federal courts had compelled the
corporation to change its name al
though it was still a part of the big
trust. One day Cless became dissatis-
fled and asked for either deed to his
land or the return of his money.
Il would like to see you get it,
MounDay is quoted as saying. You
will not get a cent
Afidavits by postofffce inspectors :
showed that papers seized by them in
their raid on the MounDay Offices
brought to light records which showed
that the land deal operated in con-
nection with the sugar company had
netted more than 100000 cash.
Arguments in the receivership suit ;
against MounDay and the sugar COM
panies with which he is associated,
were resumed this morning in the
district court.
Closing a days argument before the
district court and urging that the court
Is without jurisdiction to appoint a re-
sugar companies, d. r. Hite today de-
clared that the charges against the de-
was trumphed up by a De-
governor. Democratic bank
Democrat United States
district attorney, assisted by the attor-
ney general as a political asset. For
almost an entire day Hite urged the
cause of the defendants and closed with :
4 bitter arraignment of the state ad-
for their persecution of ]
the MounDays." {
States attorney paSSi up papers to !
he attorney "a .