The herald., 1893-01-29
UNTANGL|NG THE BIG SNARL,
Proceedings in the Cable Rail-
way Franchise Suit.
The Trial of R. Frank Warner
Charged With Train Wrecking.
The Piaintiff Closes in the Cable Road
Case-De 9root Loses His Claim
for Lockwood's Salary-Court
Notes-New Suits.

The trial OF the celebrated foreclosure
suit of the Illinois Trrst aud Savings
bank We. The Pacific Railway company
was resumed yesterday morning in
Judge Van Dykes court, and the psint-
lit closed it's eide of the case by the time
OF adjournment in the afternoon.
As preliminary matter in the morn
ing Judge Van Dyke entered an order
that the plaintiff, defendants and inter-
venors share equally in paying the
stenographer taking the case.
The day was passed in the introduc-
tion of testimony by the plaintiff to es-
tablish the material facts in the making
closed and the issue of bonds under 1t.
The testimony consisted of an exam
ination OF witnesses, they being Receiv-
er j. F. Crank, John J. Akin and W.
M. Garland, paying teller of the Illinois
Trust and Savings bank also the read
ing of depositions and Identification OF
the signatures OF G. B. Holmes as pres
ident of the cable company, and OF other
officers of the organization.
w. P. Gardiner, counsel for plaintiff,
occupied considerable time in putting in
all the testimony, and the table in front
of him looked like the interior of dis
tributing postofice when large relay
of mail comes in. There were huge
bundles of bonds of the cable company
of the issue made under the trust deed
given to the plaintiff. The pleadings in
the case made no email contribution to
the mass of literature which has &C
cumulated in the cause. and the attor-
neys displayed very great gravity in the
presence of the evidences of 80 large an
amount of capital.
Receiver Crank, in his testimony, re-
ferred to the transfer Of the property of
the Los Angeles Gable company to the
Pacific Railway company, and said that
no money was passed in the transaction.
1t was the wish OF the original corpora
tion to place it upon footing where
they would be absolved from individ-
ual liability upon their stock, and they
could do so under the Illinois laws.
The bonds issued by the original COM
pany were taken by Alvord and Brown
of San Francisco, and the new issue by
the Pacific company we're taken by the
Illinois Trust and Savings bank of
Chicago, when the reorganization took
place, the bank taking them as trustees
the benefit of the company.
Mr.. Gardiner thought he would con-
clude his testimony for the plaintiff in
short time Friday afternoon, but it
was fully 4 O'Clock before he finally an
nounced that the plaintiff closed.
AS soon as the plaintiff rested Judge
John Pope sprung stipulation upon the
court which occupied the remainder of
the afternoon. 1t was stipulation
which, he announced, had been signed
by all the attorneys in the case with the
exception of two. 1t was to eliminate
the determination of the validity of
certain receivers certificates issued by
Receiver Crank from the foreclosure
suit. The matter had been before Judge
Wade and had been taken to the SUI
preme court on appeal, where it ia now
pending, and Judge Pope thought it
should not be considered in this case.
Attorney General Hart, one of the at
torneys who objected to this stipulation,
stated the grounds OF his objection to be
that Receiver Crank is receiver in the
case of Russell vs.. The Pacific Railway
company, and not in this case. All ques-
tions with the receiver must be deter
mined before the distribution of the
funds. He represented certain clients,
and If they have a prior claim, the re-
ceiver will have no right to the proceeds
of any sale until those claims are set
tied. He insisted upon his objection,
and was followed by Judge Gardiner,
who said his grounds were the same of
those of the attorney general
The court stated that the accounts of
the receiver could be settled to the pres
ent time, but not finally until his dis
charge.
After some further argument on the
subject of the stimulation, in which it
developed that there was a decided lack
of harmony among the numerous coun-
sel IN the case, court adjourned until
Monday morning.