The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1876-10-19
o. p. BOWMAN.
]. NJ. sTEELEs AFFIDAVIT.
STATE OF KANSAS So
fnrSrv nr + Won 20

J j. VI. SIEELE , AfFlDANlI.
STATE OF KANSAS
COUNTY OF LYON.
~. NJ. Steele, being duly sworn &C
cordlng to law, depose and says:
That | was member of the board OF
directors of the Salina, Atlanta & Ray
mond railway company, which company
made contract with Abram Cutler for
the building of railroad from Salina,
through the counties of Mcpherson and
Rice. Mr.. G. Z. Kelsey and O.P. Bow
man, were also members of said board,
and with myself. resided at Emporia,
Kansas. J. II. Prescott, of Salina, was
also member. That the members of the
board living in Emporia, S. n. Wood, of
Chase county, and t. Z. Simpson, OF
Mcpherson county, were at the princi-
pal expense in working up the franchises
of said board, much the greater amount
being incurred by the members named,
resident at Emporia. That when the
company were considering the contract
offered by said Cutler, Mr.. Kelsey, Bow
man and myself told him we thought
we ought to have our said expenses be-
fore parting with the franchises of said
company, and the company itself, for the
contract proposed was such that it gave
Mr.. Cutler supreme control after II
would be made. Mr.. Cutler said that
was fair, and we spoke to Judge Pres
colt, as president OF the company, and
stated what Cutler had said to Us and we
to him. Mr.. Prescott said it was moth
ing more than right and be was willing
we should have them, that ho had in-
Cured no such expenses. We had more
or less talk with Cutler about the matter
and he agreed to pay US such expenses.
Mr. Kelsey, Mr.. Bowman and myself
asked him to pay US IN cash, be said he
had none at that time and put US of. At
last there came a meeting, in which
Cutler wanted the contract closed up,
but ho had no money, and he there
offered, Of his own motion, to assign his
right TO large amount Of Rice county
bonds when he should be entitled TO
them under the contract. We knew Mr..
Cutters finances were limited and were
afraid he would not be able 10 complete
the road, in which event, Rice county,
coming on the last end OF the road to be
built, he never would be entitled TO any
of the bonds Of said county besides the
offer, on his own motion, OF so large an
amount Of the bonds of Rice county, IN
stead of the reasonable cash return we
asked, it made us more suspicious OF
this fact and Of him. We did not there
fore consider his offer of bonds of any
value whatcver, and we SO told him.
Mr.. Cutler then proposed that we APP
prove the contract and leave 1T with
Judge Prescott, at Salina, and be would
meet Mr.. Kelsey or Mr.. Bowman, am
not certain which, or it may have been
both of them, ut Topeka on a given day
the next week and would then settle
with US; in which. case we would con-
sent to the delivery of the contract to
him. This we agreed TO, and the con-
tract was so left. He failed TO meet
Mr. Kelsey or Mr.. Bowman, or either OF
them, and they ut once wrote TO Mr..
Prescott Of Cutters failure, and told
him not TO deliver the contract. | think
they also wrote to Mr.. Cutler, stating
that he could settle our claim with Mr.
Prescott, as we had proposed to him,
and would authorize Prescott TO deliver
the contract. Mr.. Cutler did not do
this, and next another meeting of the
board of directors, at which was not
present, but | understood Mr.. Cutler
charged US with demanding bonds OF
him, which was not in any sense true
except as before stated. also under
stood at the time that he proposed 10 do
post some 60, coo of Mcpherson county
bonds 10 secure the payment OF their
claims. That our accounts were then
fled with the company, and Dir. Cutler
and the board of directors agreed that
they should be allowed and paid that
the same, or any part OF them, have
never been paid TO u, and that we have
never had any return for our said ex
penses. That at the time the matter Of
our claim was spoken of 10 Mr.Prescott,
he suggested it be settled BY Mr.. Cutler,
through the board, but after Cutler said
he was willing to settle with Us, Pres
colt said be was satisfied. And Ar.
Cutler told us Mr.. Prescott did not
claim one cent, and had only TO settle
with us.
have no knowledge whatever Of Mr. (
Prescoti's demanding bonds or money
of Mr. Cutler, and he never intiTna-
ted such thing TO me. Mr. Prescott
only took the part stated - our request,
and with Dir. Catler's consent, TOR the
purposes | have here stated. Judge
Prescott was at these times closely en-
gagged with bis official duties, and had
bat little time TO attend TO our railroad
matters. He was also in very poor
health. And farther deponeni saith not.
(Signed.) }. n. STEELE-
Subscribed and sworn 10 before me,
this 5ih day OF October, 1870.
lSEAL] L. n sEDSwIck,
Notary Public.