The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-09-06

omitted ia notice that the words ssto
be" had been left out before
the word "branded" in said
bill OF sale, and was not
aware OF 1t, until some two weeks ago,
in conversation with MIR. Geshing, thar
the words ITO be" sd heen omitted;
still Insisted with Mr.. Gsshing that
the bill OF sale read: "To Ne branded
o." on the first or second day after
signing bill of sale met Mr.. Loving
and had u conversation with him IN
my credit to buy cattle, for
which 1 had made bin Of sale;
he replied tina. he did not
have IL; l ssSed him what had become
OF the $500, for whion l had executed
bill OF sale; to this he replied that 1t
was all gone before he came up Ia the
| office; he said he would SEQ Mr.. Rrit-
tou and negotiate aloan; theo waited
several days and asked hin about it
again, aud he replied that no
had cot been able 10 raise 1t; | then
spoke to Mr.. Garner TO sea AIR.
Loving, after waiting several DAYS
more, but he reported no success In
the matter: l remsined In this city
until tho 9th OF April, 1885, during
which time never received dollar
on said concract; then went to Lam.
pasas tn superintend the buying of
some 1000 heSi of cattle on another
contract; when l returned l told Mr.,
Loving could still buy tho csttlo at
50 psr mead, and could deliver lhem at
Wichita Falls ut 81 per head freight;
TO this he replied that II iS
suited mo just ss woll no would buy
them from another party; so replied,
"All right;is mases no difference 81
mo, just 40 ths cattle are delivsred;n
MIR. Loving afterwards iaiormed mo
that no had bought l,0o0 ysarling
steers to fill tho contract With said
Gething tr0m John Merchant, al
Baird, Texas; | afterwards learned
from Mr.. Loving that Mr.. Clothing
had refused to TAKE said cattle from
John Merchants; then learned Mr..
falling to till said contract; | theu
Went TO w. Il. Kennedy and asked
him ~ a personal friend OF Gething to
bring about a settlement between Mr..
, Loving and Gething; that l was not
authorised by Mr., Loving to m AXE tho
request, but would use what intlu.
encs had to get Mr.. Loving to make
a iair settlements; learned afterwards
, from MIR. Loving that he did make a
settlement with Mr.. Clothing and hi
, attorneys, Hunter, C'Noil & Stew
art, whereby Mr.. Loving had
} agreed TO pay tho sum
~ $1,000 with damages, assessed "a,
$1,000 in addison to the $5 $40 sd
vanced by said Gething TO ssid Loving
making a total Of $500. In the frs
conversation had with Loving sftol
J tho execution OF the bill OF gale, h;
; sNid he had received " letter from 4
: msn Ivy tho namo OF Hunt,in Stephens
} county, proposing TO buy tho cattle az
" per head, and tnat might havo IN
, benefit of purchase aftor Hunt nsd
, bean paid 81 per head .or huyin!
: and delivering the cattle as Wichitl
FAILS; l said that not knowing saic
I Hunt very well ~ to his financia
= ability, l would be required 70 20 ou
: and look after that; tho bill of sale wa,
wilton when got up to tho office; il
was written in MIR. Vrench's hand
writing; did not at that time repre-
sent TO tho defendants that lad cat
: tie In my possession 10 ill the contrac
: with Gething, the cattle called for In
{ bill of sale; did not have tn,
oattlein my possession; If Mr.. Lovin,
had compiled with tho contract AMI
III
D intention to buy the cattle aud all tn,
a con.ract; neither Mr.. Loving nor Nj,
Z Garner over stated to me that h
1 thought hsd the oettle In nv posses
p sion 81 the time I sisntd the bill {
u sale; 1t was understood at th
o timo i made the bill Of sal
! that / was to buy the cattle and pu
o thom IN that brand when I bought
;. viz: "O;" W aen I went to sign tho bl
k OF sale i think Mr.. Garner handed
Q to mo to sign; the bill of sRla hero pre
'r sented to me In court IL the one
= signed ~ above stated; the trarS'or ol
b the eeuie and check attached thereto
v ] know nothing about; rocogniE
tho signatures 10 them az Il
3 tho hsud- writing OF George Is. Loving
IS ] met Mr.. Ftench a carriage. and b
v asked me to ride with him down I,
y MIR. lioving's house; We went to Loy
: ing's house, and remsiIed in the ca,
d risge while Mr.. French went into tn
i house or yard; thia was the same da'
!. | signed the bin OF eq'e; Mr.. Trenc
: came back to tho csrrlaga, aud W
s went back to tho Gazeyta Oliicc.
II Cross-eXamined Whor Mr.. Garue
came 10 my house " was about
| O'Clock; tho day slgDad tho bill G
q sale, l expected u spt tho $500 70
q which tho check wa drAwd, thst or u
q least that amount OF ulpoey.
n MIR NJ. NJ. FRENCH
" was then called Ia behalf of tho Sta,
: and testified: 1 was not strictly
. member OF tho corporation OF Georn
K Is. Lnyiug IL Co., but was In hus.g ges
Jointly with George Il. Loving Gu,
= Mr. ID. IA. Robinson; tho ORIGINAL Ia
r. corp0rators of the corporation q
:. Gourgo u. Loving u Co, were Gaory
B. Loving, Jerome Harris aud W. Ii
King, but the two latter had with
: drawn previously from said corners
Y ,icn; our business ufhuo was In tho &.
\ 20tte bullding; Iwrotp tho bill OF IA,
D Nc tho dic'ation Of MIR. Garner, np,
r the transfer on the bill of sal,
: aud also the draft on Gatbing, PAYABLE
Z at Traders National bank; 1 rot
!, carriage and rode TO Loving's nous
! anu handed papers 10 n servant VII,
e took them Ia the house and brouvh
3 thcm out signed; thon brought th
. papers back 10 Mr.. Ford; | drew th,
check and traCsfer 10 tho bill OF sale
! which wore attached and shown 10 no
AZ tho instance of Mr.. Garner; I do no
reneinber anything else abou
the transaction; when took tho pa
para to MIR. Loving they wero attached
~ they are now.
MR THOMAS A. TIDnlLL
then took tho stand. Ho satd: I au
director aud vico-pres.dent OF tbs
Fort Worth National bank; Il. J. II
Gething had u aconslderablo amount o
money, more than 81 so; ho had de.
posted New York draft with "a 10,
collection, and Wa had agreed &c
advance $500; l wan not Id
the hank when tho monay was drawn,
nut had agreed ~ pay tho cnoeks oI
: Mr.. Gothlng, With bill Of s,lp ~ ca.
tle attached at tho rata of $3.50 per
head;on THO day that $500 was paid
on tho check drawn upon Mr. Geth.
ing, aud before IL was paid, Mr.. Gar.
nor STATED g. mo that tharo was a draf,
= In tho Traders National bark
ngainnt Tho cattle they were 10 do.
ltvor Gothing; that unless tho
DRAFT wes paid that day IL would 40
to protest, and they wonld probably
lose tho cattle; Mr.. Garner and Mr..