The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-06
GEO. B. LOVING'S TRIAL.
IN THE coURrAr FORT WORTH,
zhe Testimony Given In the Case Grow
Ing Cut ofthe Famous Cattle Trans
action-Mr. Gethisg's sworn
Statement of the Deal
and Its Results.

Fort WORTH, Sept. 5.-lSpscial. /
The taking ofevidoncs in the prelimi-
nary trial oi George Il. Loving and
w. A. Garner, charged with sSini
ling +. ]. L. Gsthiug, youog Eng
lishman, in cattle transaction, was
on the part OF the State this
at II o'clock, ia Justice
Hinn's court. Tho advance OF
the case has been slow
and 1t ia probable that
several days moro will be consumed
before It is over. The prosecution was
conducted by County Attorney Bow
lin, Mr.. Ross Bowiin and Messrs. Pen.
dleton Il Powell, and the defonso by
Messrs Carter, Wynae S De Berry and
III Nj. Furman, all OF this bar. The
trst witness examined was
MR.. JOHN o. FORD.
am acquainted with the defendants
and AIN nephew OF George Il. Low
ing; MIR. Loving was running the Font
Worth Gazette, and was in tho live
stock business under the firm name of
Geoi SO Il. Loving Il Co.: do NOS know
Tor certain what business Mr.. Sarner
was in the 1s5 of April, 1886; DO not
know whether he had purchased the
Stock journal or not; was cashier
and book-keeper of Ihs Fort Worth
Gazette; Mr.. NJ. NJ French aad ID, A.
Robinson were the other members OF
the corporation of George B. Loving IL
Co.; don't know whether there
were other mombers Of the corporation
or not; i remember drawing SO no
money out of the Fort Wortn National
bank on the 81 Of August, 1885; The
amount was $S5,0O0; IL was paid mo
by Mr.. Harding, the cashier; ! he
draft here presented In court bolieve
to be- the one on which ] got tue
money; the bill OF sale now SHOWN [
think was attached 10 the draft; nln
acquainted with tho signature 81
George B. Loving. snd the signature
| attached To the draft and assignmout
OF the bill OF sale recognize to
be in Mr.. Loving's handwriting;
recognize my signature attached To
| tho bill OF sale NJ witness, but DO not
rainember the circumstances sur
| rounding tho execution OF the bill of
sale or what was said bv any person at
thss time: am famiiiar wi.h NJ, NJ.
Frepch's handwriting and recognize
the bill of sale, transfer o, bill. OF sale
and chsck Nv beiHg In his hand.writ-
lag; used $500 oil tho So 500 10 take up
\ draft drawn by George B.
Loving on 4. G. Seuter, OF Austin,
aud which had been returned unpaid.
aud deposited the balance In the
Traders National bank, OF Fort
Worth, and | believe TO tne cfedit of
George b. Loving, manager; don't re-
collect having any iustruc ions FUR
thes than TO draw the maney; / paid
OIL the draft On Senter and deposited
the money for Mr.. Loving's benefis, [
having charge of bis money; did bot
zee Mr.. Loving at all At thss.
ume5 got the Instructions
irosp Mr.. Garner; | think ii
was him; II might have been
MIR. FrencR or eomo enc else; don't
reefenb0r the words of the ,nstruc
tionr, the substance wss:thas was 10
get the money; dou'Lrenen0er when
Mr. Loving came up to tho Office first
iTorA his mouse after tho moo,py had
been drawn; be might have been NJ
two or three days and not II I'VE seei
him. we being in different rooms; VI,
5000 deposited in tho Tradsrs' Ma
t'onal bank was used in tho Gs2eLt,
business, or tho biggest part Of IL; Mr.
Garner purchased tho Live stool
journal from Mr.. Loving Ia th,
spring OF 1886, but don't remembe
whether Ii was before or after tni
transaction;I don't know how mucl
no contracted TO pay for IL; don't know
wkether bo has paid fer it or MOI.
Cross-Ez animation; Nr. Loving wa,
~ home sick when the money va,
drawn suc deposited; Mr.. Loving onI,
Kept one bank account 81
that time that l know any
tbing sbcut; this account ,oyerce
all,the funds at the Fort Worth Ga
zst'e and tho corporation OF George n
Loving Il 90; MIR. Loving personsliy
drew cheok,on that sccount pa ", II Al
myself; about this limo seyera
cheeks w0ro drawn by MIR. Loving mn
on this fund for outside busipess:
don't know what for; MIR. Loving wa,
not thoro that day aS / Iremem. ,er; II h,
hsd been there think l wsS,d hav,
seon sim; can't Say wher
no tlrst cano aftet tha
DAY; think | can look ut to book,
and teii when the transfer v{g madl
from Loving TO Garner OF TAO Stocb
journal.
Re-direc': am nov in tls omploy
~ the Gsratto Priutiug comtsny; Mr.
james q. Loving Is president and Mr.
george, B Loving, manager.
Re-cross; Mr.. George y. Loving
does not own any Interest in tha Gu.
1et,o fnhnug COMPANY; he'is onll
an employees Mr.. w. A Garnet ngs moi
.his year had AMY iutfcost IN
tne Fort Worth Gegsli o,
Ilo esGe,te Printing CON ,ny oI
IN the business Of George a. Slvlng 4
Co'; Mr.. Loving has been u liug q
great desi This year and bef lost II
sIeh, uesi OF money, 10 uiUuh that he
mas become insolvent; MIR, Inylup's
homestead was sold under n y.ndo1,s
lien since this transaction,
Redirect: MIR. Loving owed flo debt
FOR which his homestead was sold oe-
fore this transaction; 1 do not know
anything about his private AR ARA. but
tho paper owed tho City National bank
e,ther 5000 or $4,000; can't s,y
4 whether Mr. Loving was inaolyent on
the 81 Of Anril, 1885,; he wss owing
some ana had some properly.
Tho next witness called the WAS
:. jrRpME HARRIS,
VINO testified In substance ~ follows:
| l Hnow tho defendants, Loving and
SSrner, aud +. j. II. Ge,hing. do not
BROW who coup sed tho fru OF
George y. Loving q Go. on 1T of
ApuI, iSso; had y cattle trausactiou
VIII Georso Il. Loving & Co. son,o-
where about April /, lss5, 1 COZ tlucIod
the transaction with w. A, Garner.
the defendant; Mr.. Garner old me ho
bud come from MIR. Loyiuy. who
wanted INC IN f,l cnntrsn. for
LOCO yearlings TO bo doIiv.
cred M Wichita Falls, which Nc.
Loving he'd made with mother
party ~ 90 Ger head; ho saJd Jo wss
authorized to ssy for Mr.. Lovinr that
be lLovinp would give all The proiits
arislng from tho contract, Snl that
Loving was seriously sick AT hi ho,ns.
and TINT there wRs $500 in I'M For,
Worth National bank which ~. Low
ing was auLhorl red to uss ON a hin OF
cattle, " ea branded In n cer,s,n
brand, viz, o, aud In ordsr for ma 10
ROT ths money / must txeonio
n blll OF sale for cs,,le 10
pe btandot AN above; h. said
N addition to the above sj50o Mr.
Loving would advance auiile,.nt 10
n AZ a. nm. n -