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

p0noy en4 tlh0n ont Of TIE hfnf t1ni
NYhiIf hHI dHnJslind " Moo YmN
rsaHange tuH FORT W1ffi NliiItn'
hfnh, Hrd that UlthinNa op0't
fur $500 would n, R10d
Nr GstuilGs check To- favor OF u01fsf
| II. LOVING q 90, was drawn hrd p4Y
maui stopped on tho 2 ~ Apfili en.
oOrding ~ ny tocolln0tipni MI Robin
SIN urHol ihgt tho ohrck WA u oefii'
nni 0usi think Mr., Garu0r was prn1-
ent;I think Mr., ltlbiusOu ana Mr..
Garner wero both pT0l0nt Ia
tho hank on tho morning
the draft WA pili; thinH 10 wan biu
morning NJ th9 81 they onm0 into rho
bank W SEQ ABOUT tho refusal 70 uny
tho Clothing cheGK; Robinson AID Gar,
ner wGrO Ia and out for tw0 dRyHi
can't say positively aatO any datO they
were IA thara; | do not rocUllrt
whether all tNosa cOnvGr7lliOl7 90
Cured ~ one place In tho bank or NOT.
Tho following IL a copy OF tho bill OF
sale and check referred %:
DILL OF SALE.
State OF Texas-Countyo of Tarrant.
Know all men by these presents,
thar I, Jerome Harris, OF tho county Of
rnrrant and State aforesaid, for and IN
consideration of tho sum Of $1,000, law
fui money of tho United Statos. 20 mo
paid by George Il. LDyiag % Co., tho
receipt whereof Is hereby acknOwl'
odyed, have bargained, sold and CON
veyed tho following described psrsonsl
property, to-wit:
Oas thousand hold OF skoor yearliuS
cattle ia various marks and brand 4,
add all road-branded thus: o on lett
side. said cattle TO 40 sn avsrsye oil
cstt.e raised Ia Palo Pinto aud aiioin-
Ing counties, and to hs delivered q, or
IN tne vicinity OF Wicnits Falls be-
tween the l5th AMI 3O5h Of hay, lESo,
10 have and TO hold Tho Same unto the
said George Is. Loving ~ Co., his heirs
And gsligns forever, and bind myself
to warrant aur forever defend tho tito
e. The said property unto the ssid
George b. Loving a. Co, his heirs or
as aigns, against every person whom
sosver lawfully claiming or tn clGim
the same or any part thereof.
Witness, my signature, thts, III day
of April, A. ID. 1850.
[SignedI JEROME HARRIS.
Signed and delivered In tho presence
of JOHN o. cord,
NJ. NJ. FRENCH.
CHICK $500 THE TRADERs' MA
TIoNAL' BANK OF FORT WORTH.
FoRr Worn, Tex, April 3, 1885. Ga
account bill OF sale attached, o, sight
psy 10 the order of ourselves $500,
with exchange, for value recsived,
snd charge to account Of
GEORGE b. LOVING d 90.
To Fred j. Il. Gstling, Esq, at Fort
Worth National bank, Fort Worth
Texas.
N. uARDING:
Am cashier OF the Fort Worth Nj
tiDnai bank: RON ON beV the traEsacGt0n
whereia draft drawn oy George b..
Loving 81 90. Oh Fred j. Il. Getning
Tor $500 was presented by john o.
Ford and paid by me; think that on
the day before Gething came in and
stopped payment Of his check for So
500 to the order of Loving " CO., 90
iore tho payment OF the draft, written
instructions from Mr.. Getting were
handed me, providing that the money
houid ouiy bs paid out upon ths
drsft being accompanied by DILL OF
sale for cattle on n basis of$350 per
hold; L paid the money in accordance
With the written instructions OF n.
Gcthiug; l thought J1o papers were in
eacGrdsnce with the l5tGer OF instrn1'
fiou7 when paid the money to Mr..
Ford,
j. w. ZoGK
WAS Interested with Jerome HGrrta in
buying cattle in the spring OF 1885;
cattls was bought in the latter part OF
April or May, in LampasGg county
did not KIN IVY Of any other cattlo Har-
| ria had during that time, except what
| we bought together.
The next witness put upon the stand
was
f. j. L GETHING.
am making my home at present N
Fort Worth; / am from England;
first came TO Texas laat October; L am
acquainted with Mr.George b. Loving;
sm acquainted with Mr.. W. A, Gar-
ner; signed written contract with
Mr.. Loving in the latter part of Febru-
4ry for the delivery OF LOCO head OF cat
| f, q at or nsar Wichita Falls; this con-
tract was made In Gettins 81 Bobo's Of
flee, Austin, Texas; thore was no hing
about u bond mentioned in onr
| written contract; l told Mr.. Loving
that didn't know him any more than
no did mo, and that L conldn't part
with my money without bond; MI.
Loving replied ttaG IL was noG his cuH,
| tom 70 Give bonds; he said no could
| qivs me oOua saera il Austin. but ha
| yonin ,nuch rather vait until he got
! TO For5 Worth, as all the banks knaw
hlaq ,here, and he coald give mo all
| tire bonts I wanted; it was then
| agreed shat [ should have bond when
1 kuL NO to Fort Worth; then we
-1goed tho contract and l paid him
| 81 900 down % show my good faith IN
| re contract, and ou the 1st OF April j
wa, to nay him the tucth6' sum OF
$500 aud receive The bond; ha'
sud d my connection witd MIR. Loving
shen: an the 1st Of Aurit | Went t
Mr.. l. ving's Office in Fort Worth and
aske d to SEQ M. Loving, and they said
ha was away at Austin; l saw MIR
r ,binson thoa and told him my hus1'
ness, and that l had come TO pay III
! money on the contract; this was Mr.
d. A. Robinson; Mr.. Robinson said
that all he knew about the transaction
was that he was to receive the money
I asked him if there was any bond
forthcoming, end he said he mad heard
nothing at all about q bond; then
told him that I refused TO pay
tho money until my bond was
forthcoming; then Mr.. Robinson or
Mr.. Garner, 1 can not swear which,
said that there was bill to. meet al
the Traders National bank for cattle
bought in Stephens county to fulfil
nv coatract; still refused to pay, and
they telegraphed Mr.. Loving; Mr.
Loving wired back, "Gething must
| 49,
whether 1 must do anything or not
and If my bond was not forthc ming
1 should sue them for So 500; 1 receiye,c
a telegram from Mr.. Loving that i
the money was not paid it would 50
riously interfere with his arrange
ments, and that he would faithfully
carry out his part OF the contract; OF
the strength of them telling mo tina
they had 6 bill to meet for the Steph
eus county cattle, aud Mr.. Robinso'
gave me an agreement, and on tht
faith of that agreemeut l drew {
check FOX 49, 500 in fsvor of George B
Loving IL Go. on the Fort Worth M
tiounl 6ank; then it struck me tina
Mr. Robinson had no suthorisv to &c
ike this and stopped the payment o
tho check and refused to do anything
moro until Mn Loving csme back
| Mr. Garner came up and l asked hin
wha5 autho itY no had to act tor Mr.
Loving, and he said he had power o
| I, -. nv, t,n ut a