The Canon City record with which is consolidated the Canon City cannon., 1913-06-26
MOVE TO
HAVE ORDER
OF COURT
SET ASIDE

=
attorneys for w. J. Davis in the re-
cent suit OF Albert A. Weston OF Dem
yer VS.. William II. Smith and w. J..
Davis of South Canon on Friday fled
motion in the office OF the district
clerk here to have the recent order Of
the court in that proceeding set aside
and the case reopened for the admis-
sion of evidence for the defendants
unknown TO them or to their attor-
sneys at the time OF the trial OF the
case before JudsS wlkin AT the April
term OF the Fremont county distric.
court The newly-discovered evidence.
cit Is claimed by Messrs. Schweigert
and Locke. contains lot OF material
fact In relation to the controversy be-
tween the complainant Weston on the
one hand and MessrA. Smith and Da-
Wis on the other. the submission of
which In testimony At q new trial
? Of the case they believe viii be suft-
Client to secure an annuiment of the
ydecree OF the court on June sth re-
qulring ac&srs. Smith and Davis TO
pay to the complainant Weston the
sum OF $4,000. certain accrued inter-
/, est and the cost Of suit
weston's complaint. upon which the
striai was based. set forth that the de-
PENDANTS. Smith and Davis. had by
fraud and misrepresentation induced
him to exchange with them bonds OF
the JulcsburE Irrigation district. al
legged by him 10 be at par value. for
certain notes and shares of the capt.
tai stock of the Iarinorc Coal a Con-
strDetion company. a corporation do
Ing business In Huerfano county.
which. the complainant asserted. be
found to be worthless as financial
Investment after the transfer had
been made. Alleging that trickcry
and deceit had been practiced by the
defendants. Smith and DAvis. in she
negotiations leading up TO the trade
between them. Weston. through the
Law arm OF MeDonough & Morley OF
Denver. Instituted suit In the district
court at Denver to have the eontrac,
invaiidated and the bonds OF the Jules
burg Irrigation district or their squiv-
alcni in cash returned TO him. vita
such interest as they may have earned
after passing into the hands OF the
defendants change Of venue vas
obiained In the case and 1t was tried
here at the April term Of court, but
an opinion withheld until little more
than ten days ago TO afford the Judge
an opportunity TO look up the author
tiles In the matter.
In the motion flcd by attorneys for
Mr.. Davis on Friday for new trial
Il is alleged that Weston In Offering
to trade the bonds OF the JulesburE
Irritation district 10 the Mcssrs.
smith and Davis praoticed fraud and
deception by not FIRST advising and In
forming them of the deprecated and
worthless nature OF the secure,ies he
transferred to them in consequence
OF Tho destruction a few days preN'-
ous Of the storage reservoir as re-
suit OF a break In the lmpounding
dam. The break In the dam aud the
conditions resulting from IL disas-
trousiy affected the market value OF
the securities, IL ls contended by the
defendants. and rendered them OF no
market value at the time of the trade
and made their future as financial
security extremely hazardous. The
dam broke, Il Is alleged. during tae
night of March IL. 1910. and let out
4a.o0o.ooo cubic feet OF water Inn
pounded for irrigation uscs. leaving
helpless those who had relied upon
chat source OF moisture for the growth
OF field and agricultural crops. In
addition. Il Is stated. the. food which
swept over the surrounding country