The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-20
THE SUIT AGAINST THE TRUST.
Afidavits Regarding the Interest of the
indianapolis Gas Company.

The following affdAvits were fled in the suit
of Whitsell ct al VS.. the Consumers Gas Trust
Company in the Hamilton Circuit Court. They
deny the truth of the affidaviss heretofore pub
ished
Philip P. whitesen and Samuel L whiteseu. being
each duly sworn In his behalf. says: Thai this
suit Instituted and is being prosecuted solely in
their own interest and in good faith to save and pro-
their rights and those of the plaintiffs. that
neither the indianapolis Naturalgas Company. any
agent or representative thereof nas agreed or prom
ised directly or indirectly TO assist in this
tion to pay the attorneys fees expenses any
part thereof that they retained and employed George
Shirts and Kane & Davis attorneys TO prosecute
this case for them. and that there is other
rangement agreement of any kind whatever to the
effect that SAID company shall their fee or any
part thereof. PHILIP p. WHITEsELL,
S. l. WHITEsELL.
1852 ss''r'd and Tmso + bs4ns Notary 1 Fsb H.
Philip p. WhiteselI, being duly upon oath.
says that he did any time state to Marcus L.
Hare that the Indianapolis Naturalgas Company had
them, in the sum Of 500 900 for any purpose what
that said plant ifs, any of them, had exc
cuted to SAID company bond, II which they agreed
to prosecute any suit forfeit any money. and
that in truth and in fact such bond at any
time executed, either by the plaintiffs or the indian
apalis Naturatgas Company or any agent or repre-
1858. '''- - THEo p DAVIS. Notary Public. :
Samuel L. whitesell. being duly sworn, on oath
says he had conversation with Orlando n. Estes,
about the time referred to by said Estes in his ada
Wit fled herein and he expressly denies that he made
the statement or of them, stated in the lat
ters afdavlt 0Et he turtle says that in conversa
ton with SAID Estes at sid tme ne stated TO said
Estes that he had made proposition of the character
referred to, to said indianapolis Naturagas Compa-
NY but that said gas company lad declined to have
anything do with it; and thai aant further then
stated to said Estes that they the plaintiffs in this
suit were going to stand their ground OF their own
account.
William Black filed herein. that he never stated at
any time said Black that the indianapolis Natural
Company had given to these plaintiffs $4,000
bond conditioned that the plaintiffs would commence
and prosecute this cause, and that said company
would pay all expenses of said suit; and afant says
that il is wholly untrue that George F. Branham.
president of said company. @. &. Root and Augustus
4. Shirts had signed any such bond, did he state
that all the laintifs required to do to
mence this suit. and chat the would be prose
cued by said Indianapolis Naturalgas Company; and
he further that such bond the referred
to in said affidavit of Black. any other bond.
ever executed BY said gas Or else
1855. --- THEo. p DAVIS
Augustus F. Shirts, Thomas y. Williams. Philip P.
Whtesell and Samuel L. WhiteseL being each duly
sworn, upon their oaths, says That they have heard
and the affidavit of John j. Johnson fled herein
behalf of the defendant. And they each say that
they present at the house OF SAID Williams at
the time referred in the affidavit of the said John
agreement arrangement then. at any other
time entered into between the said Shirts and said
parties either of Them whereby the said plaintiffs
were to institute this any other suit to enjon the
defendant from laying its pipe, that the lndanap
neys fees and expenses. and that said Shirts would
select and employ counsel TO prosecute said cause;
and atlantis say that in all these respects above herein
stated the statements IN the affidavit of said johnson
wholly untrue
And these atlantis further their oaths, say that
no bond or other writing of any nature kind,
ever given by the Indianapolis Naturalgas Company
with either the said shirts or any other security
thereon to these plaintiffs either of Them any
person for them relating in any the prose-
of costs and attorneys fees And the atlantis further
that some time ago, the said plaintiffs being OPP
and their said real estate along the public
highway crossing the same ana being also anxious to
secure natural gas to burn in their residences the
Of SAID indianapolis Ssfnraps, say 9omnnny
did by appointment meet said Whitesells and
said johnson at the residence Of said Thomas N.
Williams for the purpose of receiving a proposition
from said parties With reference to supplying them
with gas, by said Indianapolis Naturalgas Company,
rom the !larr1s Wen ana tnat proposition was on
to submit to said company, and that said proposition
was submitted to said company, and that said com
pany rejected the same, of which fact said Shirts
notified said Whitesell and said Williams days
and in fact agreement of any kind was ever made
by and between the said plaintiffs herein, or any of
them and the said indianapolis Naturalgas Com
pany, or any of its agents or representatives.
PHILIP P. WHITEsELL.
SAMUEL L. WHITESELL.
Subscribed and sworn to before March IT. 1888.
THEo. r. DAVIS Notary Public.
Thomas j. Kane Theodore r Davis and George
Shirts, each being in his own behalf, their
respective oaths, say that they Dyed at
torneys in this BY the plaintiffs. Philip p. Sam
uel L. and Victoria Whitesel for themselves and
behalf of their co-plantffs and by other
corporation whatsoever. That have no knowledge
whatsoever of any arrangement agreement by
which this suit was to be is being prosecuted
behalf of anyone the plaintiffs. do have
any knowledge of any agreement promise the
part of anyone, save the plaintiffs to pay costs
torneys fees herein. That this suit was commenced
by us attorneys in coed faith and in the firm be-
lief that clients had rights herein which under
the law, should be protected.
THOMAS J. KANE,
THEoI ORE P DAVIS.
GEORGE SHIRTS.
Subscribed and sworn to before me. this March IL,
1883. IRA w. CHRISTIAN, Clerk.