Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-25

was paid 5000 March IL. at the time the or
der was made, and the other 5000 was
paid the 9th of April, 1890. He
thought the order for the last
He made no objection to the payment. He
had nothing TO object to, as the amount had
been settled upon and allowed by the parties
interested In court. The agents of the
company along the line at the principal
points were instructed 10 make deposits in
the banks of the money raised by them
He changed the deposit in Calves
ton from the First national bank
to the American national bank because the
stockholders in the latter were notified by
Col. Herndon of his. (the witnessO proba-
bic appointment The witness restated
the conversation that occurred between
him and Col. Herndon at that time
No one but themselves were present
He reiterated his direct testimony as to the
litigation pending between the Missouri,
Kansas and Texas and the International
and Great Northern, and all the facts re-
lating and leading up to
HIS APPOINTMENT As RECEIVER.
Resuming his direct testimony the wit
ness stated that the total profits on his
banking business and from rents was
49, 600 last year. The deposits
Application for these deposits was made
while the receivership was in the hands of
Bonner and Finley. He did not know what
relations Judge McCord sustained
to the First national bank
of Longview. He heard he owned
stock in the bank. He never heard about
the appointment of the receivers until the
night before they were appointed. Hern-
don was opposed 10 the appointment of two
receivers. When Herndon was veXed he
expressed himself vigorously and emphatic
ally. He heard something about the division
of the deposits and the naming of two de-
positories, and that the First national bank
would be made one He had conversation
about it, but
COULD NOT RECALL 1T.
There has been as much as SS4 900 on de-
post to the credit of the receivers at one
time. Judge McCord moved 10 Tyler eight
years ago. He kept his accounts with Bon
ner & Bonner Generally the bank was in
his debt. The bank had discounted
his paper at times TO enable
him to pay for his home and
purchase other property. Bonner & Bonner
purchased NlcCord's notes. They We're
afterwards taken up by McCord. He first
learned there was demand for Mr.. Fin
ley's removal as receiver on March 4. He
was out on the road at the time
Finley had no experience except
as a railway attorney. The change
in receivers was generally discussed. If
any threats We're made he knew nothing
about them. He thought the matter was
discussed as an agreement had been reached
BEFoRL HE GOT TO TYLER.
The witness here explained the case of
Gus Taylor for damages for message sent
over the wires of the company. He set
tied the claim for $500, not because he
but he thought it advisable to
settle it. He paid Taylor on his own ad-
vice. Duncan opposed its payment and
signed an application for refunding the
amount. Col. Herndon, as general solicitor,
prepared the orders. He did not know of
any orders being signed on the streets.
Gus Taylor was not promised a place on
the road. He was related to one connected
with the litigation of the road.
McCord said Campbell's action for the
discharge of Col. Herndon was with his
approval.
McCord said his action was based on aft
davitS that were purported to have been
sent to Austin by Col. Herndon, upon which
the present investigation was based. Hern-
don emphatically denied the allegation.
Herndon was not the kind of man to be
humbled on any occasion. The result was
that McCord stated his action was hasty and
wrote such letter to Campbell in which he
to Campbell that the matter be
The agreement between the
witness and Campbell was that all differ
ences arising between them in the business
of the receivership should be referred to
the court. The ground of contention be-
tween him and Campbell was that the gen.
eral solicitor could be dispensed
with. He had exclusive control during
Col. Eddy's absence. The claim of
A. H Belo s. Co. for S120 was suspended
for ten months. He conferred with Col
Eddy about it, who said it was for advertis-
ing. Col. Eddy told the witness while the
claim came under the head of advertising,
it was really the International and Great
Northern prorata of the 81, 900 to be paid
the News for shaping political opinion and
adverse legislation to the rail
ways, and that this was the amount agreed
upon by the Texas traffic association at its
New Orleans meeting. The Inter-
national and Great Northern's
prorata Of this amount was
s120 per month. When he stated the mat
ter to Eddy Col. Eddy wanted the matter
withdrawn as he Eddy did not want to be
Investigated, and saw no necessity for con-
testing, and the special master said it was
40 use to contest the claims. The witness
regarded the Galveston News as powerful
md influential paper. Its editorials were
we'll written, and its paper welded a poteh- |
5ial influence. He did not think the
charge excessive. He never informed
L. l.
said. 1t might have been proper, but he
lid not think of it at the time. He thought |
he International and Great Northern was
He did not hear r Col A Eddy AS say that
here was a heavy penalty for Civ |
ng rebates He did not see any |
agreement His exceptions were based on |
hese rebates He did not remember that |
hey paid or received any money from the |
Texas traffic association. He thought some
If Col. Waldo's drafts were paid by the |
company. Eddy was
AFRAID OF THE LAW AND THE COURTS,
lid not want to have any investigation !
bout the claim of the Galveston News or !
or rebates. Be 1.-THE witness did not want |
N investigation after Eddy's explanation. |
The 5000 had not been paid by the receivers. |
They did not intend to settle the matter |
lntil the end of the receivershiD. They |
we're paying no interest. 1t would be to
he interest of all if rebates were discon-
inued. There was Judgment against
eddy and himself for this $500. He did |
lot know of it being out lawed. 1t was l
laimed that he thought the receivers
hould not be made to refund the rebates
nd News claim.
Before the road passed into the hands of
he receivers there was no controversy
bout the amount paid Finley.
Re-croSs by Duncan-Bonner & Bonner |
we're the depository of the Cotton Belt for
ne year and half The cross examination
vas principally confined to the deposit of
unds at all the principal points on the line
nd developed no new facts.
In reply to Mr. Breitz the witness said
D. 900 was still in the Longview bank and
$500 at Mineola. In fact they keep ac-
ha tha i