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

A. deslradi I ilga stated iu
M. usrner tbaf 4 W. willing fi ehtlf
into sald olntrset aftglya blli ~ HtiH,
th1 eaitif ~ w. nfnnfld q, enc hiil nI
stin waa nfnseniod 10 mH about bog
sour lttfr, IN thn uazntt0 niii1r. anil !
.tgnsd ~ NE tho nrcnnnr1 oi Wlt1Whns,
Msssrs. John o. Ford and M' "
FrauGh ia signing said bill or hNn !
Omitted 10 n0lina thai tho WORDS 80
be" had been laii out bnlor,
tho word "brendod" Ia 81,
ayaro OF n, until some two weeks rgo,
i'm convers .tion with Mr.. Clothing, thnt
tho words "to be" htd lHon OmitiOi;
/ atill insisted with Mr.. Gsthlng tYat
Tho bill OF salo read: "'ro no branded
O 70 on th8 first or second day aitOr
Al ,ning blu or aalo I met Mr.. Loving
aud mud n conversation with HIM iu
re gard 10 tho money 10 ba deposited o
my credit % huy caCtle, for
which / had msdO bill of sale;
ho rnp,iod that ne did not
have Il; I asked him what had become
of the $500, for which had executed
bill OF sale; to this.ho replied THAI 10
WAS all gone before he oams up 90 the
Office; he said no would SEQ Mr.. Brit
ton aud negotiate loan; | thon waited
several days and asked hip, abont IL
again, nna no replied that he
Bpok, To Mr.. Garner to seo Mr..
T. wing. after waiting several days
more, bit ne reported no success IN
the matter; / remainsd in this city
until the eth OF April, 1885, dur ng
watch time / never received 4 dollar
on sSid concracs; then went 10 Lam
pasas 10 superintend tho buying of
some 1000 head of cattle on another
contract; when | returned told Mr.
Loving l could still buy the cattle at
80 per head, and could deliver them so
Wichita Falls at 81 per he,d fr9lGat;
20 this me replied tina; II 10
suited me just ". vol no would buy
them from another party; 80 l replied,
"Ail right; IL maize. no din renee 10
m =, Just 50 tn q ittls arc delivered;"
Mar. Loving. Afterwards informed M
that no had bought l,000 yGafling
s'e1rs TO I'LL The CONTRACTS with said
Gethiug from john Merchant, at
Bal d, Texas; I afterwards learned
fron Mr.. Living tat Mr.. Clothing
had refused to take said cattle from
John Merchant; / then learned Nc.
Clothing vas claiming dam ages for
falling IN fill said contract; i then
went 10 w. Il. Kennedy and asked
him rs n personal friend Of Gething to
bring about q settlement between Mr..
Loving and Gsthing; thai / was not
authorized by Mr.. Loving TO N ke the
request, but ould uss what intlu'
encs hnd to get Mr.. Loving TO make
q fair settlement; L learned afterwards
from MIR. Loving that he did make q
attorneys, Hunter, O'N0ll ~ Sew
|Srt, whereby M, Loving had
agresd to pay the sum
as $1,000 with damages, aSsessai at
$1,000 in addison to the So 800 ad-
van ,ed by said Gething to said 10y rs,
making n total of $500. In the first
conversation / had with Loving arter
thu execution of the bill of sale, he
said he had received letter from u
man by the mama OF Hunt,in Stephens
county, proposing to buy Jas cattle ri
81 per head, and tnas might hlve tho
oeuefiS of purchase after Hunt had
bseu paid 81 por head for buying
aud delivering the cattle e5 Wichita
Falls; 1 said that not knowing said
Hunt very we'll as 20 bis financial
and look after that; the bill Of salo was
written wheu I got up to the office; it
was written in Mr.. French's hand
wrlting; did not at that time repre-
sent to the defendants that had cat
tie 10 my possession to fill the contrac'
with GeChing, the cattle caliet 'or in
bill of sale; l did not havo the
cattle in my Dossession; if Mr.. Loving
had comp fed with the contract anu
paid tho money over TO me, it Was my
intention to buy the cattle and fill the
contract; neither Mr.. Loving nor Mr..
Garner ever stated to mo that no
thought had tho cattl9 ia my posses
sion at the time I signed the bill OF
sale; it was understood Of the
time 1 made tho bill of sale
that was to buy the cattle and put
them IN that brand when I bought;
viz; "O;" w ION 1 went to sign the bin
of sale 1 think Mr.. Garner handed 1t
to me to sign; the bill of sale here pre-
sented to me in court is the one l
aignod as above stated; tho transfer on
the same and check attached Thereto
I know nothing about; 1 recognize
the signatureS to Thorn US in
.he handwriting of George q. Loving:
I met Mr.. French in Il carriage, and he
asked mo to ride with him down 10
Mr.. Loving's house; we vent 20 Low
ing's house, and ] remained in the ear
riage while Mr.. French went into tne
hDnse OF yard; this was the same day
1 signed the bill Of sale; Mr.. French
came back to the carriags, ahd we
wort hack to the Gazatto Office.
Cross-examined: Wheu Mr.. Garner
came to nv house it w9s about
O'Clock; tire day signed the bill OF
sale, { expected to get the $500 for
which the check was drawn, that OF at
least that amount of money.
MIR. M. NJ. FRENCH
was then called in behalf of the State
and testified: was not strictly a
member OF the corporation OF George
b. Loving IL Co., but was in business
Jointly with George b. Loving and
Mr. ID. ia. Robiuson, the orlgin II in
corporators Of the corr Grafton Of
George B. Loving IL Co. were y aorge
B. Loving, Jerome Harris and w. d
King, but the two latter had with
drawn previously from said corpora
zion: mr. business Office was in the Ga
lite building; wrote the bill of sale
At the dictation of Mr.. Garner, anG
the transfer on the bill of sale
aud also the draft on Getting, payable
at Traders National bank; 1 got 6
carriage and rode to Loving's house
and handed papers to a servant who
took them in the house and brought
them out signed; then brought tht
papers back to Mr.. Ford; drew the
check and transfer 70 inc DIE. Oh saie
which were attached and shown to me
at the Instance of Mr.. Garner; DO no
remember anything else abou
the transaction; when 1 took the pa
pers to Mr.. Loving they were ATTACHED
as they are now.
MR. THOMAS A. TIDBALL
then tnok the stand. He said: eW
director and vice-presidenS Of n,
Fort Worth National bank; Fl j. Il
Gething had a consideranle amount o
money, more than So 500; he bad de
posted New York draft. with us 70
collection, and We had agreed Il
advance $500; was not II
the bank When tho money was drawn
nut had agreed 20 pay the CHECKS OF
Mr.. Gething, with bill Of sale OF cat
tie attached at the rate of $500 pa
head; on tho day that $3.50 was pslC
IN the check drawn upon Mr.: Gstn
| ing, and before it was. paid, Mr.. q ar
ner stated to mo that there was drsI