Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-21

iustmenr of their differences The reasons
assigned BY Cochrane for representation III
the International and Great Northern re-
ownership was that Gould held a majority
Of the floating Indebtedness of the company
and was also interested in the second
mortgage bonds. There were matters
about the adjustment which he as
counsel was prevented from disclosing.
The adjustment was made prior to
March l, 1889 In the adjustment he repre-
scented the Missouri, Kansas and Texas,
and was their counsel until April l, 1889.
The court by degrees made the Judgment
a lien on the trust property to be paid from
time to time by the receivers as the earn
ings of the road over and above its expenses
could justify. The books were
their own. The suit in Intervention
of the Missouri, Kansas and ] Texas
was for the value of 81, 600 shares of stock
of the International and Great Northern
company. He mapped out the policy of the
receiyership. This was before the resigna-
ton of Finley and the appointment of Col.
Eddy. He had no ground to assent or dis
sent to Col Eddy's appointment. At the
meeting on Saturday night prior to the con-
firmation of the receivers, Bonner and
Finley,
THE DISCUSSION WAS GENERAL
as to who should represent the receivers in
the management of the affairs of the COM
pany. He preferred to be general solicitor.
Chiffon stated that he and Duncan would
prefer being general attorneys. The
question of salaries was also dis
cussed and agreed upon. Chill
ton did not state that he (Herndon)
was going to be general adviser of the ex-
ecutive department to attend to the fiscal
affairs and see that the obligations of the
company under the receivership were faith
fully carried out in conformity with the de-
crees of the court, and apply for bench Or
ders to enable the receivers of the road
to transact the business for the best inter-
ests of its creditors; also to draw all orders
affecting the physical or financial condi-
ton of the company. Occasionally in his
absence the general attorneys applied for
orders. He had complained to Bonner about
some orders which were not correctly made.
and that the orders should be correct
and kept consecutively and under the juris-
diction and supervision of one person, and
that if he was not thought the proper per-
son to draw those orders they had better
get some one else. Special orders were OBJ
tanned from the court for special purposes
and without reference and were made for
the specific purpose necessary in the con-
duct of the affairs of the road.
The witness again narrated the circum-
stances of Finley's resignation, and stated
that he had no confidential relations with
Finley. They were not hostile. They had
for time represented different factions
in Smith county. They had met
each other on ths stump in.
1884. However, past differences were
settled and all conferred on Duncan for
county Judge. He was elected and they
had general honeymoon time of it Fin
ley had decided in his own mind to resign,
and it was for the purpose of having the
suits retained in Smith county and not re-
moved to the Federal courts. They had Il
free discussion over the resignation. He
had never heard of any conversation be-
tween Finley and Chiffon concerning the
latter's resignation of the receivership. He
said that there had been.
A SECRET CAUCUS
between Chiffon and Finley and Cochran
and Whitaker in Whitaker & Bonner's
office. He did not learn the purport of the
meeting. He never heard of the allowance
of 5000 to Campbell until his attention was
first time he had heard of it. Col. Bonner
asked him if he had made applica-
ton for it as general solicitor, and
stated he had not. He did not know
whether the general attorney had applied
for it. He made an examination Of the
court records for it, but could not find the
application for it or the order, Judge Dun
can denied making it. Col, Bonner stated
it was
NOT A PROPER ORDER
and asked him what he sould do about it.
He replied not to pay it unless there was
proper order for it. He made no further
inquiries about it. He heard of it again
abeut the time Campbell was made re-
ceiver He heard Of it through Judge Dun
can, who related the fact that an order had
been made, but it was not in
had seen Judge McCord befofe
it was made and advised him not to make
the order, and if he did it would ruin him.
McCord replied she would have to make
it." but he (the witness) could not fully re-
call all Duncan did say, or that he had said
that McCord was made or compelled to
make the order. Campbell did not give
as reason for his discontinuance the
ground of economy, and that his (Hern
don's) services as general solicitor would
cease on the 1st of April, 1889 They did
not dispense with his services. He was
still general solicitor. He had a conference
over the matter at the residence of Col.
Bonner, who was ill. Duncan, Finley,
McCord and himself We're present. 1t
dropped out at this conference that Bonner
and Campbell had an agreement that what
ever disagreement might arise between
them in the management OF the receiver
ship should be decided by the court. Bon
ner declined to join Campbell in asking for
my IeSlSldllOu. Ills /
OPENED THE WHOLE QUESTION
and McCord said he was responsible in part |
or perhaps in whole for Campbell's letter.
He (McCord) had heard that Cone Johnson
had stated that HerndOn had furnished the
legislature with information which would
result in his (McCord's) impeachment; that !
he had sent for Campbell and they |
had consultation, and that it was |
at his request that Campbell |
write the letter calling for the witness res |
ignation as general solicitor. He (Hern- |
don) had emphatically denied the state |
ments that he had never seen Johnson !
about the matter, and the whole thing was |
a tissue of falsehood and started by parties |
in Tyler to injure him and affect the status |
of the receivership. Chiffon and Duncan also |
said that there weae parties in Tyler and |
Smith county that were against McCord, |
and that no attention should be paid to |
them. McCord was satisfied with the ex- |
PLANTATION, and said he suspected there was |
wrong, and wrote to Campbell |
not to write the letter to Herndon calling |
for his resignation, but that Campbell had |
written the letter before he had received |
his (McCord's) requesting him not to write
the letter to Herndon, and thot he would |
that night write to Campbell