The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-10

SHithE WIN MS lTlenu anu att0r-
ney, Mr.. Gettins, of Gsttins, Bobo Il
20, OF Austin, Texas, MIR. Gething
decided 10 enter into the contract
without any conditions whatever, ex-
cent as above stipulated.
On the stof April, when the second
payment fell due, was again In Aus
I'm, put was advised by telegram that
Gething declined TO make payment
until he was secured by bond. There
having been no understanding be-
tween us to that effect, and IL being no
part OF our previously made contract,
l declined to make the bond, and so
wired my office.
but was seriously indisposed for
several days, and therefore unable to
attend personally to business, being
confined to my room. l was informed
however, that the matter had beer,
satisfactorily adjusted by Mr., Gething
giving his check for the amount
Afterward learned that payment md
been stopped on tho check, and that
Gething would only paw over the
funds with bills Of sale attached to
draft. was also informed that Mr..
Harris would enter into a contract for
the delivery of these cattle, with tho
underst anding that he would carry
the contrscil0ut himsolf,or allow me To
do so, as | might choose, after Ind
sufficiently recovered to attend
to business; and with this under
standing assigned tho Harris contract
To Clothing, and signed draft on him
Tor $4,000, balance duo at that time on
The original cOntract.lMr. Harris and
l had no conversation In reieropce 10
the matter at tho time the papers were
signed; in tact ] never saw him from
the time returned from Austin until
several days afterwards. At my sug-
gestion II was afterwards agreed be-
tween Mr.. Harris and myself that /
would fill the Gething contract out of
cettle partially contracted for In
stephens and Jack counties; and that
no would use the cattle bought by him
TO fill other contracts made by him,
Messrs. Harris and Garner were
both prompted solely In what they did
by desire to assist me at time when
l was physically unable to attond to
business. They never received, nor
did they expect to receive, ons cent
for what they did.
The 1880 was collected by my
cashier and used by him In the reg,i.
lar conduct Of our business, as 1 had
instructed before leaving for Austin.
MY contract with Mr.. Clothing did not
prevent me- from using the money In
any. way l saw proper, there never
having been any contract between
Mr.. Gething and myself that said
money should BIO used In any pEticu-
lar way.
had large sum of money, amount
ing TO over $4,000, due me, with which
1 expected to be able to purchase and
pay for these cattle. made contracts
for them, and would have delivered
them in accordance with agreement,
but for my failure to collect monies
due me. The disappointment and
failure to carry out my purchases
came too lato TO enable mo to make
other arrangements 30 as to deliyor
The cattle according to contract. /
aid, however, contract for 1000 steor
yearlings OF much better quality than
those called tor In Gothing's contract,
Tor which WAS TO pay $40 per head,
delivered at Baird on June 10, lust 10
days lator than tho date specified in
Gothing's contract.
AZ soon ss these cattle were so
cured. | notified MIR. Gethlng at
Wichita Falls, and asked him to allow
mo to substitute these cattle, at the
same timo assuring him that the cat
tie proposed to be substituted were
worth two or three dollars per head
moro than those called for In his con.
tract. He positively refused TO accent
anything but tho fulflllment OF his CON
tract to the letter, or the Immediate
payment TO him OF the $500 forfeit
named In the contract, together with
the amount he has advanced. |
thought this exorbitant under Tho
CIRCUMSTANCES, aud declined to
settle In that way, but offered to for.
fott Sl,t0D. This no also refused, but
afterward no and agreed upon a sot.
Element on the 0asis OF $1,000 forfeit,
making s5,5p0 due him, which WAS 10
bepsid at tho rate of $1,000 per month,
beginning July |. / Yves unable to
moet the first payment and asked fur
thar lime, which was met by q throa.
rom Mr.. dething 10 Institute criminal
proceedings against mo. / offered tp
flY9 MN any and everything | had,
either Ms security or IN aettlemont OF
the deb, and always assured hlm Of
my anSietylto pay MIN. Hls d0mWnts,
however, have slvays beou beyond
my ability TO meet.
both Mr. dett,ng and his attorney
nave, from 40 toginning, been yery
proiuso iatheir theats TO pro ,ocute, but
nave always Expressed their willing.
"sss TO drop tho matter IL 1 would Sc
euro tho debt. Thoy oven called on
mo 40 late as ton minutes before 1 wss
arrested, on August %, to give mo, as
al A. -
avoid being pro ',cuted.
nave, ~ al timts, admitted tho
business OF tho clai n, and have only
oeen prevented from settling u by n
combination OF unforeseen anu unior-
tuuate olrcumStancos, rendering me
powofless to do otherwise than adopt
re ne. o course have pursued.
" taken hold OF by designing parties,
aud tho facts grossly perverted O.
further their onds In carrying on A
warfare against me, having for Its al.
than tho enforcement of tie crimiu Al
law. But for this 1 should have 70.
manned silent, At least until the whole
affair could have been adiudicatcd be.
foro tho proper authorities.v
PERSONAL.
Colonel Thomas II. Waterson, well
known all over the Southern States A
the efficient travelling passenger agen,
OF the Louisville & Nashville railroad
with headquarters At Little Rock, lef
TOT the East this morning After spend
Ing a day Ia tho Fort.
Captsiu r. II. kingsley, Tho gentle
manly representative as Houston o
the Louisville & Nashville railroad
WAS Ia the city to-day.
Colonel Thomas Il. West, Of Jacks
bcro, left for homo tonight amer . few
days spent In this city.
Messrs. B, Beck ma q. n. Hpsaks