The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-09-10
GEO. B. LOVING TRIAL.
IN THE couRTAr FORT WORTH.
The Testimony Given In the Case Grow
Ing Out ofthe Famous Cattle 1rans'
gotlon-Mr. GethiBg's sworn
statement OF tho Deal
and its Results,


nary trial q, George b. Loving aud
w. A. Garner, charged with swlnd
ling p. j. IL. Gsthing, q young Eng
lishman, In II cattle transaction, wss
concluded On the part o, the State this
morning at IL o'clock, ia Justics
Zlnn's court. Tho advance o!
the case has been slow
and 70 Is probable that
several days more will DO consumed
conducted by County Attorney Bow
lin, Mr.. Ross Bowlin and Messrs. PEN
dleton Il Powell. and tho defanso by
Messrs. Carter, Wynue Il De Berry and
III, NJ. Furmeu, all OF this oar. The
frs. witness examined was
MIR. JOHN o. FORD.
/ am acquainted with tho defendants
and am q nephew NJ George u. Low.
Ing: Mr.. Loving was running tho Fort
Worth G lzstte, and Was in the live
stock business under the firm name of
George b. Loving Il Co.; do not know
for certain what business Mr.. Garner
was in The lst of April, 1885; do MOI
know whether he had purchased the
Stock Journal or not; was cashier
and book-keeper Of the Fort WORTH
Gazette; Mr.. NJ. NJ. French aud ID. A.
,]Ahe corporation OF George b. Loving IL
&C.,; don't know whether there
\ were other tuembsrs of the corporation
or not; L remember drawing somaI
money out of the Fort Worth National
bank on tho Sd of August, 1885; ths
amount was $4,000; 1t was paid me
by Mr.. Harding, tho cashier; the
draft here presented in court l believe
to be the one on which L got tte
money; the bill OF sale now shown l
think was attached to the draft; am
acquainted with The signature OF
George b. Loving, and the signature
attached to tho draft aud assignment
of the bill or sale / recognize to
be in Mr.. L,ving's handwriting;
recognize my signature attached to
tho bill OF sale as witness, but do not
rounding the execution of the bill Of
sale or what WAS said bv any person ut
that time; ana familiar With M. M.
French's handwriting and recognize
the bill opsala, Transfer OF bill of Sale
and check "a being in his hand-writ
ing; 1 used $500 OF the So 800 TO take up
q draft drawn by George B.
and which had been returned unpsid,
and deposited the balance in the
Traders National bank, OF Fort
Worth, and believe to tue credit of
George y. Loving, manager; don't re-
collect having any instructions FUR
Their than to draw The money; PAID
of the draft ON Senter and deposited
the money for Mr., Loving's benefit, l
having charge of his money; did not
time; l got the instructions
from Mr.. Garner; I think il
was him; 1t might have been
Mr.. French or some one else; DON'T
remember the words of the lnstruc.
tions, the substar CO was.that was to
get the money; don'G remember when
Mr.. Loving came up to the Office first
been drawn; he might have been up
two or three DAYS and 1 not have seen
him, we being in Il fferent rooms; tire
$4,000 deposited in the Traders Ma
tional bank was used in the Gaze o
business, or tho biggest part of IL; Mr.
Garner pdrcnes1d the Live STOCK
Journal from Mr.. Loving in tho
spring Of 1885, but don't rememner
whether it was before or after this
transa stlon;I uon't know how much
he contracted to pay tor It.; don't know
whether he hes paid for it or not.
Observation-Disclosures Mr.. Loving was
at home sick when the money Wes
drawn and deposited; MIR. Loving only
kept .; one ban bsnk account SGesH any ~
that time bDaI L KNOW uHS
thing about; this account covered
ali tho funds of the Fort Worth GA
zette and the corporation OF George b.
Loving 4 Go; Mr.. Loving personally
drew che9k on that account rs well as
myself; about this time several
ohocks were drawn by Mr.. Loving up
on this fund for outside business; 1
don't know what for Mr.. Loving was
not there that day as remember; II ne
had been there think l weuld nave
seen. him; can't say w ,aa
day; l think can look ct the books
and tell when the transfer was made
from Loving to Garner of the Stock
Journal.
Redirect: am now in the employ
of the Gazette Printing company; Mr..
James @. Loving is president and Mr.
George, B. Loving, manager.
Re.cross: Mr.. George B. Loving
does not own any interest In the Ga
zette Printing company; he is only
an smpioye; Mr.. w. A. Garner has not
this year had any interest in
the Fort Worth Gazette or
the Gazette Printing company or
in the business of George B. Loving q
Co.: Mr.. Loving hiss been trading. a
Traat deal this yoar and has lost a
great deal of money, SO much that be
has become insolvent; Mr.. Loviug,,s
homestead was sold under vendors
lien since this transaction.
Redirect: Mr.. Loving owed the debt
for which his homestead was sold be-
fore this transaction; do not know
anything about his private affairs, oul
either 10000 or $4,000; can't say
whether Mr., Loving was insolvent
the Sd of April, 1885; he was OWING
some and had some property.
The next witness called then was
JEROME HARRIS,
who testified in substance as 1olioWs'
know the defendants, Loving aud
Garner, and Z. J. q. GAthtng;a 90 MOI O.,
George 3. Loving d. Co. on LIST OF
April, 1885; had cattle transaction
with George 3. Loving d Co. some
where about April 1, 1885; L conducted
the transaction with w. A. Garner,
the defendant; Mr.. Garner tod mo ne
had come from MIR. Loving, who
wanted mo to fill CONTRACT ioi
a a,usS al seWVi wichita Falls, which Mr..
Loving had made with another
marty at so per head; hs said he was
Authorized to say for Mr.. Loving that
he lLoving) would give all the profits
Arising from the contract, and thai
Loving was seriously sick at his nome,
and that there was $500 In the Fort
Worth National bank which Mr.. Low.
ing was authorized to use on Dill o.
cattle, TO be branded in CERTAIN
brand, viz: o, and in order for me to
Ret the rlonoy I must execute
q bill of sale for cattle 70
he branded as above; he said
in addition 60 tho above $3 500 Mr.
I6,ying would advance sufficient To
MAKO IL 5000: then stated 10 Garner
that wouiG fill the contract, provided
tho above n,ns 81 money were piacei
oske. draw q draft on Mr.. Loving for