Show ANSWER OF FAR N SW 0 RTH WILL DENY ALLEGATIONS OP AUSTIN COMPANY Reply to Companys Suit for an ACcounting AC-counting Will Be Piled Within a Few Days > t The answer of Phllo T Jjttrnsworth ln the suit of the Austin Joining comptfny VH P T Fainsworfh = Allnn Washington Washing-ton nnd the Horn Silver Mining company will be filed In the Lnlted States court I wIthin a day or two The suitwas hiJiU I toted last July and Involve some largo amounts of money It being alleged among other things that wIllie In chargo of thu I business of tIre mine Farnsworth and Washington through somo secret merino I unknown to ibm plaintiff ecured a largo amount of the companys funds comprising compris-ing 3l25iCQiO IJiri of a payment of S3oOC < 0 to Rodney M Whlpple for the Manhattan Mining amid Trust companys property and JlfiJ l 2L1 tOm the Illinois Trust and Savings bank In somo form of rebate nonr of the money being accounted for to tho company It Is i understood the answer of Farnsworth Farns-worth which Is similar to that of Washington Wash-ington will be somewhat as follows That admitting Farnsworth and Washington Wash-ington owned 110 shares of the stock Of Oio Austin Mining Company the company consisted solely of Firnsworth Washing ton and Anson Phelps Sltikes who owned tho lemalnlng 3O shiuvs of the stock the shares taken by Arthur B nand Alexander Slmonds being subscribed for In tho Internal of Stokes so that tho company com-pany consisted solely of Farnsworth Washington and Stokes Answering fnr thcr It la alleged that whllo only 171 I 503CO was paid through tho Illinois Trust and Savings company tho remainder was paid direct by Whlpplo It Is denied that tho full management and control of the j I property wua vested In Farnsworth and I Washington I but alleged that In all TC l spccts Stokes was always consulted and had full cognizance of everything that was done having easy access to the com j pnnys books at all times It la denied I j I that Washington or Furnsworth received a rebate of 15125 CO or any sum from the Illinois Trust and Savings bank and alleged al-leged that tho defendants pal every cent I of the soooco purchase price except 5500 discount for one early payment Slokcs receiving his proportion of tho discount l All allegations of false secret or fraudulent fraudu-lent doallriks are denied and It Is specifically 1 spe-cifically denied that tho defendant has ever received tho sum of 125CCO or uny sum whatever It Is submitted that matters mat-ters of adjustment between tho shareholders share-holders do not entitle tho company to recover re-cover and that Stokes Is the sole man I who could complain IB a necessary party to tho litigation and as all the stock bus 1 now been transterred to him ho becomes tho solo party In Interest having no right to sue In tho name of the company for alleged wrong for which ho himself could not and does not complain It Is I alleged that tho Austin Mining company was compelled com-pelled to borrow money and as the Suite Bank of Utah wag unable to furnish suifl dent means lie bank accepted as part of the amount due II to carry tho com I panys overdraft money from the Horn Sliver Mining company but that theris was no secrecy or collusion about tho matter Stokes knowing all the circumstances circum-stances and tho account being carried by tho basic as a matter of convenience and for no other reason tho full statement of the Indebtedness of the Horn Sliver company com-pany being carried In the buck part of I I the ledger of the Austin Mining company and In tho check book the books being at nil times open to tho Inspection of Stokes cr any other stockholder It Is denied that any part of tho Indebtedness to time Slate Bank of Utah was over paid to Washington or Farnsworlh It Is admitted ad-mitted that Farnsworth was at tho time general manager of the Horn Silver but Jt1 IP denied that there were any unknown dealings between the Horn Silver and tho Austin companies It Is alleged that when lIme 230 mortgage bonds wero delivered to Farnsworth and Washington In payment for their stock In the Austin company the amount of the Indebtedness of tho company com-pany to tho two defendants exceeded 200000 b > at heamt IWO but the sum of 230000 was accepted by the defendants but was accented as the Indebtedness at a hettlcmcnt It Is i denied that the stockof the company hns depreciated through any act of tho defendant and thai 2XX as the basis of settlement was made from figures taken from tho companys books by Stokes who made all the computations computa-tions |