Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-07-30

Z
judge knew all about it. but knew nothing
His conclusions as to that were mere mat
tiers of inference and conjecture. They
were such as implied that he, Cochran and
Herndon, were engaged in a plot to which
McCord. Finley, Duncan and Chiffon were
accessories to forward the interests of Jay
Gould and secure for him a controlling in
terest in the receivership, conspiracy that
Mr.. Whitaker. himself a party thereto,
unblushingly acknowledges was disgrace
flu Mr. Whitaker admits his own guilt in
a trumped-up conspiracy in order to reach
the object OF his hatred.
in the second place. Mr.. Whitaker sub
seqUentIy visited New York and persuaded
the mortgage trustees to file suits in Judge
McCord's court for foreclosure Of their
bonds and the extension of the receivership
to include them. What arguments did MIR.
Whitaker use to pers lade the Farmers
loan and trust company and Kennedy &;
Sloan to place their bonds in the care of
the receivership! Did he make the same
Statements TO them concerning the Judge
land the receivers that he made to the in
vestigating committee, or did he put the
case in far differentlightl Common sense
indicates.the answer to that query.
The coming of Lawyer Cochran to Tyler
with a prepared application to have the
receivership removed to the Federal court,
AID the various conferences held by him
with Chiffon, HerndOn, Duncan and Finley
respecting the need for a receiver that I'M
derstood railroad matters and was known
10 the Eastern owners Of the property, is
discussed ut some length. Finley took in
the situation, learning that his resignation
would stop all proceeding and give satisfac-
ton all around. There was some DOUBT
about the validity Of the grounds alleged
for q removal of the case, but Finley did
not wait to have them resolved. Contrary
IN tho wishes of hilton and Mt hers no de-
cided what to do, and lid it. Prior 10 his
determination to resign not word had
been uttered as to his compensation. The
effort to show by understandings and
thoughts that the amount was fixed be-
fOr5haud was d miserable failure. The
idea rests on nothing but supposition and
inDuendO.
As 10 tina. and many other things per-
tanning to the receivership litigation. Whit
aker knew very little and amounted to less.
He figured chiefly aS a storage battery of
gossip, misconceptiOn and SANDER"
Relative TO the charge that the compensa
ton allowed Mir. Finley was excessive, the
facts as to his former employment with the
Cotton Belt which he had lost. and the loss
of his other practice, were adverted to in
connection with the fact that no one con
Celned. not even Whitaker, thought or said
At the time that IL was excessive.
Surprising Bonner instead Of Finley had
resigned his place as receiver, what would
NiesSrs. Whitaker and Bonner, his relatives,
have considered as lair compensation for
the loss of funds, which ne, as custodian,
would nave undergone Would the have
objected if he had got the $1,000 compenSa-
ton. What right has Whitaker to cry out
about compensation the precise amount of
which was proposed in court by II gent.C-
man who assumed TO represent all he in
terest5 IN the property!
As TO the entering up Oh a judgment for
half million in favor of Gould. as well a.
the prior demurrer or resistance offered on
the grOul Il that his claim was fictitious,
counsel argues that both wore perfectly
natural and proper. The precipitate haste
and seeming colluSiOn between Whitaker
and Bonner, attorneys for the International
auf Great Northern. but representing
Gould in that instance, and Merriam be-
toliened something suspicious. Their
questionable conduct and strange proceed
ing cast Il doubt upon the validity of
GOuld's claim, that warranted the subse
uueut investigation by the receivers. The
receivers found that the debt was after all
a valid one, and recommended that he have
Judgment for il.
la the matter Of an application October,
1890. for Il continuance by the Missouri,
Kansas and Texas, IL is shown that Whita-
ker Is guilty OF an ''ineXcusable mis-
statement" in saying that the bondholders
dismissed their cause of action because
they could not obtain d trial. The fact is
they took non-SuitS because il was feared
that the court would refuse TO continue the
case any longer
Campheu's allowance of 1880 for his first
wears salary as master in chancery was
what is usually allowed in such cases when
the road is so long-S15 miles, and doing a
large business All that Whitaker and
Bonner have said about the original order
as being ION account" and that the allow
ing of 5000 additional was made in hug
ger-mugger fashion, is mere hearSay and of
no value, The original order ION account
is proof that more was to be allowed. No
one interested in the property has ever ut
tered i word of complaint abou 1t.
Campbells appointment as receiver after
Eddy'S death was grevOus offenSe to
Whitaker x Bonner on personal grounds.
That was the straw that broke the camcl's
back" Their objection was principally to
Campbell, and not to a second receive.
They both admitted that if Duncan had got
the appointment they would not have a
word to say No improper or corrupt
motive is found to have actuated the judge
in appointing Campbell receiver, nor has
anyone Interested III the property made any
objection to the appointment. Subsequent
events. he declares, indicates the wisdom OF
the appointment, and no one disputes it.
The evidence relating to deposit of re-
ownership funds in the First national bank
of TYLER shows that Woldcrt Il Johnson
tried to prevail on Judge McCord to order
it for the reason that their firm would earn
a commission from the bank of per cent
on each deposit. As the average deposit
would be about SlI5, 600, they would make
about $3.50 by the deal This is the testi-
mouy of Woldert & johnson. Bonner II
Whitaker
There is no suggestion that AlcCord
would receive any benefit from such an o.
der, but ''Scurvy attempt is made 10
show that if the order was made it void
be in consideration of the political support
of Woldert 4 Johnson and the favored
bank The implication is, of course, that
these firms would trade off their political in
tiueuce for the mess OF pottage which John
son testified he had importuned the judg e
To grant This rather enticing and juicy
slice of pie was craved by johnson after he
found out tina himself and Woldert had
not been provided for, and had begun ''tO
kick Well, political influence, or no
political influence, the deposit was never
ordered as asked for, and thereby hangs 4
tale of woe Neither did Judge McCord
ever commit that other crime about which
Woldert s& Johnson testified. to-wit:
writing TO Mr. Mr.. kruttschnitt, attorney
for the Farmers loan and trust company,
recommending them as local attorneys for
the company. There he lost another chunk
of political influence" and brought add
tiOnal woe upon his head.
THE GOULD DEBT.
The reason for not paying the Gouid debt
and closing up the receiversh;p sooner is
next discussed 1t is shown that the stat
utes of Texas fixes the limit of such receiv-
erships at three years, and allows an IN
definitely longer period when delayed by