The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-12-03

familiar with the case. We win
state that this suit was commenced
by Marion county against the S.. /
Joe, Kansas s. Texas Pacific Rail-
way Company, Wells SherbGru &
Co. Wells SherburlS A j. Cheney,
Robt. McBrathey, &c. Pierce. G.
b. Day and Hiram f. Hale, on an
Indemnlfying bond, which is for
the sum of 5000. 900, conditioned for
the completion of the road from
Junction City to Peabody by the 23d
day of August, 1874, and which was
required by the Board of Commits
sioners of Marion county before
they would consent to give mp thu
bonds of that comfy, (Sl00,O00,)
voted by the people TO aid in the
construction of che Kansas and
Nebraska Railroad, subsequently,
changed TO the name OF st. Joe,
Kansas s. Texas Pacific. Marion
county was represented by Mr..
Searls, County Attorney, L. j. Kel-
Ter, aud James ketuer; and a. j.
Cheney, Robt. McBFatney aud Ii.
f. Hale of the defendants. by
Mcclure Sc Humphrey aud FL. IL
Saydcr. A number .: mic, points
were raised ia al. defense, eaiI Jng
he most impoFtan; tsf which Wcr /:
F,rS', thai ,hs tod was lett " ilis
G.. B Ouy, iii cScrotO, v ho was noi
o deliver ii to Marion county until
81 gued by certain prominent bust
ness men OF Junction City. Sec
ond, that the Commissioners of Ma
rioa county required the bond 10
bs signed by the directors of the
company resident at junction City,
or others quite as responsible.
rhi,d, that subsequent to signing
Ihe bond by defendants, Cheney,
McBratney aud Pierce, all interpo-
Iation was made in the bond which
materially changed and enlarged
the terms of the contract. A good
| deal of fun was Occasioned when it
was elected just how the Board
concluded to accept the bond with
out additional signatures. 1t seems
that the irrepressible Callen was a
prominent figure in the foreground
of this sublime picture. Ii was re-
marked by somebody that q scene
of this kind could not be complete
except Calien were present. The
"Board' received word, at the time
Duy and Hale presented themselves
armed with this alleged imperfect
bond and urging the delivery to
them of those valuable documents,
through the deputy County AttO!-
ney, Mr.. Case, (Mr. Keller being
absent) "not to deliver those bonds
to anyone untH Mr.. CdlIeR could be
Inyst remain stationary until this
|
then on his way to Marion Center
from Wichita, could put in an sp-
pearance. AT length Callen arri-
we'd, and after an examination and
profound consultation, he advised
the Board never 10 surrender those
bonds to the Railroad Company Or
anybody else until Hiram 4. Hale
had "signed the bond" Gle"
said MIR. Callcn-in the language of
the witness-"is worth more than
all the rest put together; he is a
man whom YOU can never keep
down, and if he signs it you may
feel sure the enterprise will be q
success" After Mr.. Hale had APP
pended his weighty signature to
the instrument, Mr.. Callen advised
the Board that ''As far as the hui
man eye could see, or human judg-
ment penetrate, that was good
bond ]" and these were the magic
words that did the whole business.
Hale and Duy secured the prize.
and gayly "Wali zed" off with the
treasure which the President of the
road, Mr.. McBratney, had vainly
endeaVored to secure but a short
time before, and by Offering equally
as good a BOND as that presented
by Duy.
McBratney, at this time, was alb.
sent in Cowley county, but acct
dentaly hearing of the transaction,
fastened home, and arrived lust in
time to take the same train or
which Mr.. Hale had started, with
the bonds III his possession, for To.
peka. But Mr.. Duy, upon inquiry
denied to McBrainey that he and
Hale had received The bonds. Mr.
McBratney filed a protest against
the registration of the bonds, and
then telegraphed to the Chairman
of the Board of Commissioners, a.
Peabody, for Information relative
to their whereabouts, but he failed
to elicit reply.
All this was gathered from the
testimony in this important trial
which is not only new but strange
to most of us. The gentlemen
from Marion were much surprised
at these important revelations, and
were entirely unaware of the villa
ny practiced in this matter.