Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-26

WIFI liic lTldl ne SdlQ 10 Tue COuft tlldL
physicians had been attending on him and
that it was withngreat danger
TO HIS FUTURE USEFULNESS
that he could undertake to go into that
trial: that his throat was in such condition
that he was in great danger of destroying
himself in the physical exertion in the trial
of that cause. After considerable talking
the case should be further post
poned, it was postponed over until
the next day. The next day Mr.. Sterne
did not come into court at all.s He was re-
ported as getting no better, if not worse,
and DR.. Pope, a very resputable and lead
ing physician in Tyler, came in and under
oath said that MIR. Sterne was not in con-
take any part in the trial of that litigation.
Mr.. Turner took the lead in tine case for
the plaintiffs in opposing any further post
ponement Of the trial Of those cases. He
protested vigorously against IL. He
contended that the other law
yers associated with MIR. Sterne
were well qualified to proceed with trial
of this case. He made quite lengthy affi-
davit, which has been read, reviewing the
action of the court upon the litigation, set
ting forth the different counsel who were
associated there and asking trial of the
cases. Mr.. johnson spoke for the applica-
ton to postpone vigorously, and L recollect
he said
SOME PRETTY SHARP THINGS
to the New York lawyers about the want of
courtesy to brother lawyers associated on
the other side and the condition of his as
sociate, Mr.. Sterne.
Reply to Crane-He was wanting the
case postponed or continued. The court,
after hearing the whole matter again, said
he would postpone the case or continue it:
that he could not afford in case involving
nc nc in y-nlra1 thara and Jvhave
it was shown to him that the leading eoun-
sci was sick and unable to take part in the
trial, being the only man who had prop
erly prepared himself upon the
merits of the litigation, he could
not afford in this instance to bring the case
to trial, and he would rather continue the
case or postpone it: that he wanted to try
the case and said he could set the case for
particular day in the lust week of court.
believe it was Monday of the last week, and
that he could try the case at that time il it
would suit the counsel. Some other day
was suggested, but the court stated that
SOME MURDER CASE
was set for that tiufe and that the only time
which he could safely set for the litigation
was that already named-Monday of the
last week of court. The counsel for the
plaintiff in these pending cases asked for
time to consider which course they
would prefer the court to take. In
the afternoon they were still
not ready to announce to the court
their preference in the matter, but stated
they would do so in the morning. l be-
heve that is correct, am not certain as to
the time, but they did finally come into
court. They came in with motions to dis
miss the respective suits OF the Farm
ers loan and trust company against the
International and Great Northern railroad
and the suit of Kennedy & Sloan against
= - ,,t Il Il thnr,
way company. The encouragement pro-
tested strongly against that, claiming that
his Intervention prevented a dismissal;
that he had asked in his intervention affirm
alive relief in the cancellation of the mort
cages and bonds, and contended that under
our contract the plaintiffs could mot then
come into court and dismiss their
cases. The court held that they
COULD DISMISS THEIR CASES,
and held that while the attorney general in
his intervention had set up sufficient facts
which would authorize him to insist on a
foreclosure of mortgages he was in an at
titude to obtain affirmative relief in that
suit and that before his intervention was
out too, and he dismissed it. From this
order of dismissal the attorney. general
took his exceptions and gave notice of appeal
and thus ended the proceedings in that
term of court in these cases. l will state in
this connection that at the term of trial
Finley. Marsh & Butler did all in their
power to secure trial of this case. l was
an active man in the litigation so far as our
fight was concerned at that time. l will
also state that Col. Herndon was anxious
for trial of that case.
To Mr.. Decentralization represented
the receivers in this particular litigation,
but was anxious for these people to have a
trial of their cases, and expressed himself
very freely around the courthouse in that
%ln..
and Duncan held absolutely aloof
from any proceedings in court on
those cases at the term of court
mentioned. If thereswas anybody aiding in
the matter of procuring continuance out
side of the counsel who rendered any assist
ance. or did anything toward procuring the
continuance, have no kno wledge in the
world of it.
will state one more matter before I con-
clude this statement. AS stated previously,
while l was considering the matter of re-
and soon after had determined to
resign, and after my resignation was Of
tered, never heard of any demand made
by Gould, or representative of Gould, i'll
the way of threat to remove that litigation
to the Federal court 1 never heard of
a demand that l Was to resign or demand
that Eddy should come in, nor that iudg-
ment should be confessed or rendered there
IN FAVOR OF GOULD
against the international and Great North
ern railway company. When l had my
with Cochran on Sunday
morning it was with view, if l could pos
sibly do so, of reconciling him to the
condition of the rcceivership. l had
in my mind at the time that they
thought the road under the receivership as
it was then constituted, would be operated
in favor of the Missouri, Kansas and Texas.
! brought that matter up with Cochran on
that morning and told him that it was our
purpose to operate that property for its
own benefit, and that we had no intention
whatever of showing any partially in the
operation of that road to the Missouri, Kan
sas and Texas or Iron Mountain either. The
matter was especially brought to my mind
because l knew that Herndon had been, and
was director, in the Missouri, Kansas and
Texas railway, and that he had been Sc
lected as general solicitor by the receivers,
and the further fact that Messrs. Eddy and
Cross, receivers of the Missouri, Kansas
and Texas at that time, were expressing
themselves through the newspapers in little
around that the property
ought to be operated to connect with the
Missouri, Kansas and Texas, and for the
benefit of the Missouri, Kansas and Texas
l thought perhaps that language was what
furnished the ground for the fear
of the parties interested in the
and discussed the matter
with Cochaan that morning. As
far as the matter of my resignation being
by any demand, l will say that |
never heard of any demand, that my resig- |
nation was prompted and brought about |