The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-28
ROUNTREE'S FIRST SWOOP.
Text Of Dr.. WGStmOTeland'S Version
Of the Story.

or the Affldavit.
Atlanta, Ga, June 27.-The Constitu-
tion tomorrow win contain the following
authorized copy of the Westmoreland
affidavit and stenographic report of what
transpired at the Kimball House meeting
when DIR. Westmoreland read the affidavit
to the Central attorneys
State Of Georgia, county of Fulton:
Personally appeared before me Willis f.
Westmoreland who being duly sworn de-
poses as follows: About four TO eight weeks
before the appointment OF temporary re-
eeiver by the United States circuit court for
the Eastern division of the Southern dis
trict of Georgia, in the case of
Rowena M. Clarke against the Central Rail
road and Banking Company Of Georgia and
Others Daniel w. Rountree, one of the So
hcitors for the complainant in said case came
to the office Of this deponent in the city Of
Atlanta and told him that he had just
returned on that morning from
the city OF Savannah in attendance
upon the United States court and there and
when in the office Of the Hon. Emory Speer,
who was then in Savannah for the purpose of
holding the circuit court, said Speer suggested
to said ROuntree that good opportunity
was presented for some brilliant young
LAWYER to make both fame and money
by filing bill to put the Central
Railroad and Banking Company in the hands
OF receiver; that under the rulings made by
him in other railroad cases, upon a proper
bill filed that judge should appoint receiv
er; that he. the said Rountree, was
inclined to avail himself OF the suggestion
OF the court and desired to consult deponent
as TO the advisaDiity of doing 80. Deponent
asked said Rountree if he was certain that
Judge Speer would appoint receiver Said
Rountree replied that he could not be abso
lutely certain, but from the suggestion made
he was satisfied he would do 30. Deponent
then replied, that If he was certain OF
the judgment Of the court, he would be q fool
If he could make fame and money out of it II he
didn't go ahead, Rountree then said that IL
would be necessary for him to find q client
and he commenced searching everywhere for
some stockholder In the Central railroad
who was not resident of Georgia. He went
so far as TO communicate with Mr.. Joe Ed
dleman. friend Of his in Boston Mass TO
ascertain II he could procure for him some
stockholders In the Central who would author
i2e him TO file the bill. Amongst other places
visited by said Rountree In connection with
this matter was Charleston, S. c., where
q /
communication with one Mr.. Lamb Perry
the nephew of Mrs. Rowena NJ. Clarke Said
Rountree told deponent that after negotia-
tion with said Lamb, the latter agreed in
consideration that said Roundtree would in
demnify his aunt the said Rowena NJ
Clarke, from all costs, expenses OF liti.
CATION and attorneys fees, that she would au-
thorize him to use her name, upon the
further pn6aretnudfpo fF,of ba 4,a oaga Ilot,r,
tree, was TO share with said Lamb Perry
whatever he made out of the case, and also TO
mark his, the said Lamb Perrys, name to the
original bill as counsel. After making hits
arrangement said Rountree returned to tho
city OF Atlanta and informed deponent
oil about the entire transaction. Here he en-
ployed Mr. W. @. Glenn, counselor at law, on
account Of his wellknown ability In railroad
litigation, to help him prepare the bill, com
pensating him therefor. Said Glenn
was to have nothing further TO do
with the case, except to aid said
Rountree In the preparation of the bill.
Armed with this bill said Rountree went either
to Macon or to Savannah to see Judge Speer.
Upon his return to Atlanta he informed de-
poneht that Judge Speer declined to grant the
order appointing receiver unless some
changes were made in the latter part Of the
bin. Whether these changes were made at
Macon or Savannah, upon Mr., Rountrees
first presentation Of the bill, or whether
said Rountree returned with the bill to At
lanta and here made the changes and went
back to Macon or Savannah, deponent cannot
swear positively but he is positive that said
Rountree did make some changes upon the
suggestion Of the court. These changes made,
Judge Speer appointed Gen. l.. p Alexander
as temporary receiver
WILLIS +. WEsTMoRELAND.
Atlanta. May q, 1898.
The affidavit was sworn to before r. D.
Mann, notary public.
READING oP THE AFFIDAVIT
The stenographic report of the incidents
of the reading of the affidavit in the room
at the Kimball is as follows, DIR. West
moreland having taken a stenographer
with him in order to preserve an accurate
record of that meeting:
DR.. Westmoreland read the afIidavit in the
presence OF Messrs. r. w. Patterson, Marion
Erwin and Daniel w. Rountree. When
through he stated 1t was based upon Mr.
Rountree's personal statement
Mr. Erwin asked win you give me that
copy Of the affidavit or do you need it?'
Ut. NcStuOFblhuu FbpilbQs Gun BlVe you
a copy this one ! need"
Mr. Erwin: Cant you leave that one with
mef"
DIR. Westmoreland: Il can give you copy
but will have TO take this back. OF course
understand thoroughly the seriousness Of
this charge, and the position in which it nee
essarily places every one"
Mr.. Patterson Have you filed that affi-
davitY Have you given it to counsel?"
Dr. Westmoreiand: mo; have It still,
myself"
Mr.. Erwin; "Have you given it to Mr..
Crawford?'
Dr. Westmoreland 1t is stin in my
hands"
Mr.. Patterson: Il understood you to say
you had given IL TO Mr.. Crawford" ="
After long pause Mr. Patterson said:
"Wel gentlemen, 1 was pldced in very
embarrassing position about it, and stated
exactly what ! thought was the only thing
for me to do, DR.. Westmoreland said he
would come and read II 10 US"
Mr. Erwin well, am glad to know that
much; understand that you and Mr.. Roun-
tree have not been on personal good terms.
OF course, the effect of that aflldayit Is mainly
to call on Judge Speer to sag whether or not
these things are true, and it is, in fact, a
charge against his court"
DR.. Westmoreland: fully expected Judge
Speer would be present"
Mr.. Erwin: II understand that But was
just thinking what would be your motive.