Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1876-08-03

, conveyed under said decree to the In
diana Southern Railroad Company
and by the said last named corpora
ton mortgaged in trust to Villa n
81. Swift and Samuel j., Tilden to Sc
cure the payment of Sl0,000,000 of
4 bonds, 1,500 of which bonds were
pledged to said Insurance Company
to secure a loan of 100000, all of
which matters are set up in the COM
4 plaint; and, whereas, the above
named John G. Parker and Henry
Crawford have become the owners of
said 1900 thousand dollar bonds of
the said Indiana Southern Railway
1 Company subject to the said pledge
to said Insurance Company, and are
desirous OF prosecuting the said ac-
tion in the said Clark Common Pleas
| Court to obtain degree for Receiv-
er of all and singular the property
mentioned in the said mortgage to
Swift and Nlden, and also a final de-
cree for principal and interest of said
1900 bonds and the sale of said mort
gagged property to satisfy the same,
and have for that propose employed,
and do hereby employ, the said
Charles l.. Jewett to use his personal
services for the purpose of obtaining
such DEGREES for Receiver. and
such final decree as aforesaid | q,
:, ~Now, therefore. the said Charles
L.. Jewett hereby agrees to use his
best efforts and personal services in
the obtaining such orders and DEGREES
aforesaid, in the said action in the
Clark Common Pleas Court, and the
said parties in the first part, in con-
sidefation Of services OF said Jewett
in procuring the order for a Receiver,
and the final decree for amount of
said 1,500 bonds, and the sale OF said
property, do hereby agree and bind
themselves upon the due and legal
entry of such orders and DEGREES to pay
on demand to the said Jewett the
sum of $4,000 in lawful money of the
United States, and also the further
amount Of $4,000 bonds net OF the
said 1,500 bonds so owned by the said
parties of the first.
Witness the hands and seals of
said parties. John c. PARKER,
HENRY CRAWFORD"
1t will be observed that Mr. Charles
l.. Jewett's name is not affixed to the
document. Mr.. Parker explains this
omission as follows: When the paper
was handed to Mr. Jewett for his sig
nature, he exclaimed: Gentlemen,
I cannot sign that; it might implicate
the Judge. This is an affair of honor.
1 will keep my bond, but I must have
some collateral security that the
money viii be paid when the order is
set aside.Y Accordingly 50, 600 in
money was given him, and slss000 in
l. @. al. R.Rc bonds. Judge Jewett
vacated the order according to the
above agreement, but before he could
render Judgment and Decree, the at
torneys of the Ohio and Mississippi
Road smelled mouse, and obtained
a change of venue and had the case
taken before Judge Lord. The need
ed judgment and decree were obtain
ed from. Judge Lord, and then Mr..
Crawford, acting for his other clients,
asked that he be permitted to file a
complaint for the Liverpool, London
and Globe Insurance Company for
the recovery ofjudgment and de-
cree of foreclosure and sale of the In
diana Southern Company, and SO this
particular branch of the case stands
at the present time. In 1873 the Liv-
erpool, London and Globe Insurance
Company Of the first part, the Ohio
and Mississippi Railroad Of the sec
ond part, and the Fort Wayne, Mum
Gle. and, Cincinnati Railroad of the
third (these are roads occupying the
beds of the Indiana Southern), en-
deavored by q cpmpromisei to settle
their differences for an agreed upon
sum, and the first provision Of this |
document is:'lss 2alsflash aassl
.ia "Actiye litigation and contest be-
tween the parties heretofore, in the
original and cross suits aforesaid,
shall be suspended until it be defin-,
itely ascertained whether or not the set !
tlement hereby contemplated can be
carried into effect; and the parties OF
the first part twill also procure of the
said Swift and Tilden like, suspen-
sion of the active litigation in their
favor in the cross, suit" 1 |
TILDEE's PECULIAR coNrUcT.
as a trustee in this case is matter OF
of considerable comment. For over
a year Mr. Guion and Mr.. Parker
have endeavored TO have Mr.. Tilden |
discharge Mr.. Crawford as the attor-
ney of the trustees, and sappoint
another man to represent its inter- |
ests, and he has invariably declined
TODD SO unless requested by Mr.. Ly- |
on, ore OF the attorneys Of the Liver
pool, London and Globe Insurance
Company, the very parties who wish |
TO foreclosei the mortgage on the road
Of which he is the sworn trustee.
Less than thirty days ago the Unit,
ed States Court at Indianapolis or
dered the Liverpool, London and
Globe. and the trustees, Tilden and /
Swift, to make answer to the replica
ton of the o. and NJ and Fort Wayne
and Muncie Railroad companies, when
they announce that their attorney |
Mr.. Crawford was dismissed, and the |
case is indefinitely continued.
SUMMING.
A careful reading OF the above |
statement shows; ~
+ 1. That Samuel ]. Tilden sells the |
use of his name for a consideration.
to bolster up the credit of fiedgling |
railroads l ~ l
2. That after occupying the posi-
. u,.....11 IL ~. J1;.-u c,-.i