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Show THE OTHER lb ' A Reply to an Ungrateful Attack. . Some Facts That Put a Different Dif-ferent Light on the Situation. The Cause of the Unwarranted Unwar-ranted Tirade of Spleen and Abuse. In Monday night's issue of the Enquirer En-quirer was published an article headed "The Ensign Dead," and si.-ned by Field & Shimmin, in which my character and integrity were Severely impugned. Believing that the readers of that paper would not care to, pass .judgment upon so severe an accusation accusa-tion without hearing both sides, I take the liberty of makiug this reply: As to the details of the terms of the , agreement entered into to sell the Ensign to the parties mentioned, the public care but little The gentlemen, after having made a stab at me in the name of my creditors, say that they were induced (?) to buy the Euxign ! by my falsifying certain accounts in making out incorrect balances. In reply to this I wish to deny absolutely and without reserve this accusation. It is untrue in every particular. My books were kept for my own information, informa-tion, and when the proposition to sell I came they were balanced up, not in I . my ovvii handwriting, as stated, but L by our bookkeeper, who continued I keeping these books after the business I had been transferred to Field & I ' Shimmin, and I had left Xephi. Be- I 6ides, I never asked them to assume a I dollar's worth of obligations, except i those specifically men'ioaed in the agreement, and as announced to the public in their notice of purchase as n follows: J XOTICE OF PURCHASE. I 1 : Notice is hereby given that the un- I -dtrsigned have this day purchased from I James II. Wallis the plant, business, good-will, book accounts, etc., of the " Ensign, and we hereby assume all I dabts and liabilities subject to private I agreement. John T. Field. I ' V. J. SHIMMIN. " Dated at Nephi Citv, Utah, this - - J4lu daJ of January, A. D. 1891. I - It wi!! be seen that all of this was ' .."'. v subject to private agreement and that 1,' if any bil's otherthan those mentioned I were presented to them it was no fault I of mine, and they were under no obligations obli-gations to pay them. And the fact is i they not oniy did not pay these, but ! failed and refused to meet one dollar of the obl;gations they had assumed over their own hand, and which they had solemnly agreed to pay. On the other hand, they collected not less than $300 of the accounts due the office at the time of the sale, used the plant for weeks and months without any recompense re-compense whatever to me, and without with-out paying one cent of ruy indebtedness according to agreement, and actually consumed a shipment of paper, which came on the eve of the sale, and of which I never used a single sheet, a draft covering the amount of which was presented to them by the Bank at Nephi, but which they refused payment, pay-ment, and I was compelled to pay my own good money for their benefit. As they state I did visit them, in company with my attorney,and demanded a compliance com-pliance with the terms of the agree- ment. The one part of the agreement wherein they were to meet my obligations obliga-tions (and the most important of these were contracted for the purchasing of new material for the business) they refused to comply with, but on .the other hand readily accepted all subscription, sub-scription, advertising, job work and other accounts due the business, and were willirfg to use my property without with-out recompense. The fact that I went down on the 6.45 p. m. tram, and returned back to Provo the next day, and was therefore at Nephi in the night time, is too trifling to admit of anything to say, excepting that I did not get any satisfaction satis-faction out of them. Thee are the facts, and following the advice of my attorneys, I simply took my own, and would be very glad I to get what they have collected and which belongs to me. True, I might have allowed them to remain in possession of and use my property, and to collect money which was due me (which they have done anyhovr) and entered suit against them, but "nder the advice of my attorneys I preferred to take my own, than to run chances on collecting from men who are known not to have a dollar on the earth excepting other people's property. For the good people of Neph . only, who treated me so well during my stay among them, am I sorry for the step I was compelled-to take in the removal of my plant from that thriving city. And had it not been lor them, I would have sld the plant within thirty days after coming to Provo, as I had two offers to sell. The motives in the attack of these getiiiemf-n on ma are clear, so long as they could use my means and property without rental or compensation, all went well, not a word of complaint i was breathed through their (?) paper,or otherwise. They admit that "we had been expecting some such news the sale of the plant for at least two months,"" and yet within those two mouths they have sent out letters, statements and postal cards, remanding remand-ing payment of accounts (as several of the good people of Provo can testify to) in which they used these words: "This account has been sold to U3 by Jhs. II. Wallis." In consequence they have collected large amounts of money as before stated an.': I" am ready and .willing, in the proper place, to verify this statement and g into details in support of the same. The very fact that the plant and business was allowed to be taten from Nephi without attachment or the least signs of resistance on the part of the "numerous (?) creditors" referred to by them should be proof sufficient to brand the statement as a falsehood. There are no creditors of mine in Xephi Xe-phi excepting those whom they have refused to settle with according to the terms of the agreement. Smarting under the sting of being deprived of the means of '"receiving without disbursing." they very naturally natur-ally flew into a passion ad said some things which they will no doubt yet live to be ashamed of. They empty their vial of virus by saying, "if this is libel, let the injured one make the most of it;" iii other words,"we are execution-proof,"wbich simply means that any judgment that nrght be assessed against them in a court of justice would be valuable only as a relic in the archives of the court. .Tames IL Wallis. |