Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-30
THE RECEIvERSHIP.
Judge McCord on the Stand.
Rigid Cross-Examination.
DUNCAN ASKED TOBE RECEIVER
R. c. DeGraffenreid, Senator Kearby, Judges
Duncan, Cate and Russell Called.
McCord Told Whitaker and Bonner He
would not Allow Their Claim of
$4,000 for Attorney Fees-Ther
Claim Against Gould.
Special to the Gazette.

| Special TO the Gazette.
GALVESTON, TEX. June 29.-The legis-
| lative investigation of the International and
Great Northern receivership dragged some
what to-day. The parties interested were
| late coming together, ana the committee
was compelled to wait half an hour
for the respective counsel to ap-
pear. Judge McCord was again called
| TO the stand and eross-eXamined
at some length by Robertson. He recapitu-
lated the international and Great Northern
| litigation He said he was holding court 1T
Gilmer when informed of Col Eddy's
death There Bonner. Duncan and others
came to see him concerning the appoint
| ment of co-receiver in place of Eddy.
| Both Duncan and Campbell APP
| piled for Eddy's place. When he
returned to Tyler the following Saturday
| he appointed Campbell. He did it on his own
responsibility. and not upon the advice of
| any one, and realized at the time the APP
| pointment would make all Tyler mad. but
| he knew Campbell as man of splendid
| executive ability, and one in whom he could
| place the most implicit confidence, and one
| who would devote his whole time to an
| economical administration of the affairs of
| the International and Great Northern and
| correct any abuses that might have
! crept into the management of the property
during the illness of both Bonner and Eddy.
| This Campbell has done since his appoint
| ment. He informed Campbell of his ap-
| pointment Saturday when he made it.
| Campbell accepted it, went home and came
back to Tyler the Monday following and
| qualified, and has since been devoting his
| attention exclusively to the management of
| the affairs of the road. He told Whitaker Il
| Bonner that he would not allow their
| claim of $1,000 for attorney fees even if APP
| proved by the special master in chancery,
| on the ground that he did not regard it as a
L. H. 81
| Great Northern, as they were attorneys for
| Could and their claim for fees, if they had
any, was against Gould and not the Inter-
| national and Great Northern railway,
hence he would not allow it.
| He denied having conversation
| with Duncan wherein it was stated
| if Campbell was appointed receiver it
would cost the road Sl,000,0O0. Campbell's
salary the last year he was master was
$500
The special master disallowed the News
claim for $1,000, and as there were no ex-
ceptions filed to the special masters find
ings within the thirty days decreed by
the court, the findings of the special mas
ter became the order of the court Tho
order was an interlocutOry one and upon
proper representation the court could set il
aside and hear the claim barred by it upon
its merits and act accordingly. This could
be done yet, and would be done if the mat
the case adiudged on its merits.
Other matters of no material Importance
were brought out in the examination, wheh
Judge McCord was excused.
Judge Duncan, one of the general attor-
neys under the receivership, was next
called to the stand and sworn, examined by
Finley The witness being i'll was not asked
to give a detailed statement of the incidents
in his knowledge up to the appointment Of
the receivers and subsequent thereto He
OF IF '' ths Saturday nights confer
ence after Bonner and F'inley's ap-
pointment as receivers when the general
solicitor and general attorneys We're
named under the receivership and the
salaries fixed, as testified to by Bonner,
Chiffon and Finley; but he did not think
Herndon was there. He told Of Finley's
resignation, the causes leading thereto,
and that he opposed it; that Finley's
resignation was voluntary and was done
to Subserve the best interests OF
all parties interested and restore harmony,
and it was not brought about by threats or
demands He was opposed to the 5000 al
lowance to Campbell as special master in
chancery, and also his appointment as CO.
receiver with Col. Bonner.
The remainder of the witness testimony
was almost in line with what has already
been adduced by the defense relative to
other features of this case.
Cross-examined by Robertson, the wit
ness stated that McCord did not tell
him he (McCord) had promised
Campbell 5000 He heard that Camp
bell had said so after he had
withdrawn his objections. Bonner read
if he were to appoint Campbell receiver it
would cost the road 100000 year. At
the conference at Gilmer McCord, Camp
bell and himself were present He could
not recall all that occurred there.
He thought he heard through Gal
braith that McCord was going to ap-
point another receiver, as Galbraith
stated they wanted another; that McCord
didn't tell him that the parties at interest
in the International and Great Northern did
not want another receiver, but that Camp
bell told him, and that he informed Whit
taker g. Bonner. He said he thought
among the unkind things he had said about
McCord was that he wanted to know
H He had du heard that W. A. Shaw
and Senator Crowley had telegraphed
McCord requesting him to appoint Camp
bell receiver. and he had good-humoredly
tackled Campbell about it, charging him
with getting them to send the telegram.
McCord's and Bonner's feelings were un-
friendly, but he did not know what they
grew out of. He told Whitaker and Bon
ner about the allowance of 5000 to Camp
bell
Redirect-The witness said he saw the
editorial in the Texas Farmer, purporting
to give the facts upon which the resoiu-
ton calling this investigation into existence
was based. There was no difference
between the Whitaker letter and the
editorial in the Farmer. The editorial
was practically copy of the letter.
Re-cross-It was not very long after the
publication when Whitaker read the letter
to him.
Senator Kearby was called and sworn,
examined by Finley. He testified substan-
tally as follows: He had practicsd in
Judge McCord's district ever since
he had been judge. The default
docket was not called on Friday,
but on Monday. The court did not omit
judgments by agreement 1t was not his
rule to permit Judgment by confession or
by agreement until after default days. He
was reticent as to his action in court,
never discussed cases with lawyers outside
of court. He found him dignifed
and his department as judge will compare
favorably with any other judge in the state.
He was member of the state senate, was
present when the resolution was intro
duced. heard of the letter referred to.
Here shown copy of Whittaker's letter.
Thought it was correct copy, saw
it in the senate chamber a week
before the resolution was intro
duced John Bacon Of Denton handed it
to him saying it affected the district Judge
- z district He understood Mr. Bac0n