Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-11-11
ANSWER IS FILED
IN CLARK CASE

:
of the superior court two answers
to the recent civil suit commenced
against him by the county attorney
for the collection of $5,09256, which
is alleged to be due from the de-
PENDANT to the county OF Yavapai
on account of the same having been
taken by Clark through the collec-
ton OF fraudulent road warrants.
One of the answers alleges that
the plaintiff is being prosecuted
without authority on the part OF
the county attorney. 1t urges that
only the board of supervisors has
the authority to prosecute such a
case, Clark being road superintend
ent OF the county under their direct
supervision. 1t also states that the
board of supervisors has not dele
gated any authority to the county
sattorney to bring such action.
The other answer repeats these
allegations and contains a motion
directed to the judge OF the superb
or court asking that County At
torney O'Sullivan be brought before
the court and required to show his
authority. The wording of this mo-
ton is as follows:
That the county attorney be
summoned before this court and
show by what authority he prose
cutes such proceedings. That due
notice has been served on such
county attorney as will appear by
his acknowledgement on the cover
OF this notice
Both answers deny in toto the
allegations of the county attorney
in the suit and declare that the
defendant is not guilty OF having
presented for collection any fraudu-
lent road certificates.
Promises Interest.
This civil suit promises to be
about as interesting and important
as the six criminal procedures
against d. NJ. Clark. only one OF
which has been tried, the jury dis
agreeing.
1t is brought to recover the sum
OF S5,09256, which is alleged as the
total amount that Clark defrauded
the county ont OF. by the juggling
OF road certificates in his official ca
pacity as county road superinten-
dent In addition to Mr.. Clark, the
American Surety Company is made
defendant in the sum OF one thous
and dollars, this being the amount OF
bond the company stands upon for
Clark, as 4 guarantee to the county
against loss by virtue OF any OF his
official acts.
There are practically three suits
in one, the county attorney seeing
fit to divide the road certificates,
which he deems fraudulent, into
four groups and make tire sepa-
rate counts. The first group con-
tains a list OF eighteen certificates,
amunting to $8595O, which are al
legged to be fraudulent The second
group contains seventy-two certih
Gates, representing S2,9l499, the
third twenty-four certificates, which
amount to S1,079.55, and the fourth
eight. totaling S23S.52. These GER
tifcates are designated by number.
date OF issue, date OF payment and
the name OF those to whom issued,
and include a large share OF the
certificates issued by Clark during
his services as road superintendent.
all OF which are alleged to be false
and fraudulent" presented and paid.
1t is not known when the case
will be called. The criminal case
against Clark, tried last term OF
court, in which the jury disagreed
is still pending, and it is probable
that not only this but five others
OF similar nature, which are on
the docket, will be disposed OF be-
fore the civil proceedings will be
heard.
Files Answer.
Charles Rees yesterday filed an
answer in the clerks office to- the
suit OF John T. Sheffield. The case
has been described previously. 1T
is note case in which a chattel
mortgage on household effects Of
the Prescott hotel is involved. The |
answer is very brief, simply deny
ing each and every one of the al
legations OF the complaint in as
few words as possible.
Still Waiting.
The election. and yesterday the
receiving and tabulating OF the vote
of the outside precincts in Yava-
pal county at the Office OF the board