San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-05-25

said receivers not TO charge the money so
| drawn on the books of the receivers, which
| moneys he has fraudulently appropriated
| to his own use and benefit and in pur-
suance of his, said Macnamara's said in
structionS aud with his knowledge and
consent the books of the cashier of said
| receiver have been falsified for the pur-
pose of concealing said incorporation
| of said funds by said Mcnamara.
II. That said Mcnamara has permit
ted A. G Cooper, auditor of the receivers,
to misappropriate and apply to his own
use funds belonging TO the receivership to
the amount of $500, for which the said
Cooper has given to the cashier of the said
receivers his personal receipt. Here fol-
lows copy of the receipt. dated May Il,
1892, for the amount named, for account
of selt.l Upon which receipt said Cooper
made the following endorsement: ITO
TO me before reimbursing Mr.. Wheel
ing, it is my request that my
wife pay the amount to G., S.
Wheeling, namely, $1,000, without
reference to anyone. A. g.. Cooper"
That said amount consists of various
sums which were drawn by said Cooper
from time to time and squandered in
gambling and dissipation, and notwith-
standing these facts said Mcnamara has
constantly been and is boon companion
OF said Cooper, all the time known his
dissolute habits rendering him totally I'M
fit to occupy the important position of
auditor and accountant OF said receivers.
IS That on April l. 1891, the said
Macnamaro having unlawfully and fra,
ulenuy Withdrawn from the treasury of
the receiverShip of said road and expend
ed for his own use large sums of money,
he, the said Mcnamara, did for the pur-
pose of reducing the amount of his over
draft aforesaid fraudulently and felon-
ouSly make out and deliver to the cashier
of said receivers the two following vouch-
ers, to-wit: Here follows copies OF
vouchers for expenses as follows: For
months of Jnly, August, September,
October, November and December,
1890, five and one-half months, at 5000
per month, $500. For months of Janu-
airy and March, 1891, $500. These
vouchers are signed by Cooper, as auditor.
as well as by Mcnamara. That said
vouchers were false In that no such sums
of money as stated therein were ever eX-
pended by said Mcnamara tor and on
| behalf of said road. That said vouchers
were allowed by said treasurer and the
amount of money claimed therein was
credited to said Mcnamara. That there
after the falsity Of said vouchers was dis
covered and said Mcnamara noti-
| lied of each discovery wherenpon
the said Mcnamara fraudulently
altered said vouchers while in the hands
| of the auditor so as to read as follows, to-
wit: Here follow copies of the altered
vouchers, for the same sums, but reading
for advance. account of salary and ex-
pense," for the months named.l Thereby
| attempting to cover up and conceal the
said fraud in claiming and procuring the
| allowance to his credit of said sums and
expenses by shifting them to advance
account salary and expenses whereas in
fa IN hQQn
court.
sc. That said Mcnamara is indebted
to various persons in large sums OF money
and is, according to the information OF
these petitioners, insolvent.
80. That for the fraudulent purpose OF
concealing the various delinQuencies OF
himself and said Cooper, said Mcnamara
has deliberately entered into conspiracy
with said A. G. Cooper and other parties
to bring about the removal OF his CO.
receiver, 3. f. Yoakum, and the appoint.
ment of himself as sole receiver OF said
railroad, thereby securing to himself for
the purposes aforesaid the control of said
railway.
Wherefore petitioners ask that the
said j. 5. Mcnamara be suspended,
pending hearing of the charges above
set forth; that special master be APP
pointed by the court to hear evidence in
substantiation of the charges above re-
petitioners are informed, in connection
with his firm, the regular attorney of
said Mcnamara and would probably not
wish to act herein: and that upon final
hearing hereof the said j. 5. MacNamara
be removed and discharged from the re-
ownership of this estate
This morning Mr.. Mcnamara, of
course, learned that these charges had
been made He Immediately proceeded
to consult his attorney, Judge j. Ii. Me-
Leary, and the result was, that when
Kings court opened this morning he was
there with him and when the attorneys
for Mr.. Yoakum. of whom there were
several, among them Denman & Frank
lin, Simpson & James and Houston Bros,
appeared aud in case No. SOB made
motion to suspend j. s. MacDamara as
receiver of the ). A. and A. p. railway,
Mr.. Macnamara'S attorney demurred and
demanded an immediate and full investi-.
CATION of the entire matter.
AS a compromise move Judge King
then ordered that the master in chancery
Immediately place a competent person
(expert in charge OF Auditor Cooper'S
office. with such powers In the case as the
master in chancery may direct. This
will bring out the whole matter when
this worthy makes his report.