The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-04-02

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two papers in New Orleans, and in Two pa
perS i'll Mobile. AS | mentioned,
the only reason in the world for going into
court ut all. WAS because of an article III he
code on mortgages: the mortgagee has
right to seize a property ut any time III de-
fault OF payment; 50 4 seizure order seemed
To be necessity; the decd OF trttst was very
ample in giving powers IL tile trustees. and
| mi. ht have proceeded without the inter
vention of the court i'll the States Of Texas,
Alabama aud Mississippi. Iii which the road
ran besides this State, but the law of this
State was in the way, and for that reason
! alon, the bill was tiled it conform
ed precisev with the deed of trust
those We're the terms also of the decree the
trustees actually made the sale under the
decree, with the concurrence of the persons
named us masters; | wrote the deed, whit h
is among the records, and submitted ii TO
the trustees; these. were duties incidental
to the sale; the sale was made, and there
was but one bid by the trustees for the bond
holders; there was no competition W hat
ever: now, then. IN regard to the matter in
hand: When the trustees first came to the
city he question of the fees to be paid to
the crier and masters became a pressing one !:
there was evidence that there was Il good
deal of e;lrnestness to get the crying of the
property. Mr.. Girar'ley urged his appoint
ment and Went SO far as to put his name
over the advertisements without conSuta-
ton with myself. | told the trustees what
influences were at work to get his business !;
that they were inst as competent to deal
with these people as myself, and that they
must conduct the negotiation themselves.
and that would not have any participation
m settling the expenses: So that | had 10
voice III the matter III any respect what
ernor Gardner and Mr. Butler, the
other trustee, aud these two masters. They
eonversed about these things. Mr. Shannon
distinctly recollect, stated the fee should be
$4,000 for each master, and that the Judge
said it was little enough; :" subsequently, in
reference to Mr.. Packard, who was then
selected as crier, Mr.. Butler proposed he
should be allowed $1,000 that was objected
to as insufficient; it was thought that he
should have from $4,000 to 5000. provided
the masters required it. but that it should
hot exceed $1,000 that was the agreement
at that conversation; subsequently, il was
said that Packard claimed he ought to have
so. 900. and under the Instructions OF Messrs
Gardner and Butler, consented to it
told them, however, that | was prepared to
oppose these charges in every way possibly
could, bHt they instructed me to move for
their confirmation, and did 50, in obedience
to their Instructions.
q. What wrong was there in taking SlO-
600, SO long as 1t WAS an open question, and
yeu and Your client could have employed
anybody to cry tine property as we'll as Mr..
Packard! A. What wrong on the part of
whom
Mr.. Eldridse: On the part of Packard OF
any body else ! A. | do not charge them
with any wrong, and have made no charge
.,f thnfE I,I fIInf al,
most eXorbtAnt, ana utterly out of proper
ton to any allowance | have ever seen be-
fore.
Q. Was there anything in it that could in
any manner implicate Judge Durel.-lf SO,
what? A. The impression it made upon my
mind was this: The fear that ops rated OH
the minds of those gentlemen was that
their business would not pass through the
court unless those allowances were made
that there would be delays which wonld be
fatal to the interests of he company; they
wanted their matters settled at the earliest
possible moment, with a view to reorg ,nza-
ton, and delay was overwhelming to them:
that was the apprehension under which they
rested.
Q. Aside from what Shannon said, that
the Judge had stated that that was little
CROUCH. have you any knowledge of any fact
that would tend to show that Judge Dureil
himself had any knowledge of these trans
actions A. None, sir: had no intercourse
with Judge Darrell whatever about it (; l
have had no intercourse with him about any
matter, except in open court the report
was filed, and, under instructions | re-
ceived, moved its confirmation.
O. Where is Shannon now? A. He is a
commissioner here believe.
Q. He informed you that Judge Durell
said that $4,000 was none too much ! A.
He said that to the commissioners, not to
me; heard him say it..
q. Shannon was the man who was intro
dnccd into the order after you presented it
for signature A. Yes, sir and have been
told, though | have never seen it, that the
original decree is in Siiannon's handwriting
IS not my dalft.
The iud gc's knowledge of the manner of
Nortons administration is, OF course, only
indirectly proved. The complaints in re-
gard to his eXto Tomato charges were gen
rral--almost uiIiversa--and must neces-
sarily have been brought to Judge Durel's
attention.. It has been notorious that Nor
ton has rarely made Il dividend 20 creditor
ont OF the assets of bankrupt estates that
came iato his hands, and the only rational
explanation Of Judge Durell'o orders III re-
lation to opposition to charges is that the
complaints were very frequent.
A summary OF the testimony IN relation
to Judge Durelfs drunkenness has already
been printed i'll the New Orleans CORE
spondence OF the Tribune. 1t was the
almost universal report of witnesses called
who had opportunities for observation, that
the Judge was an habitual drinker, and
many reputable persons gave evidence that
they had seen him on the public streets, in
restaurants and at public dinners, much in
toxicated. No one could swear that he had
ever seen him drunk upon the bench, but
many Gid say that he was sometimes stupid
aud sometimes very rude and uncvil to
members of the bar, and that he behaved
like man who had been drunk the night
before.
Considerable testimony was taken in rela-
ton to the midnight order issued by Judge
Dureil for the seizure Of the State House
Both Billings and Beckwth, who were the
attorneys III the ease, denied having moved
for this order or having advised or in any
way inspired it. They both said that Judge
Durell sent for them between and 10
O'Clock in the evening, and when they ar