The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-23
SAYS 1T IS A MISTAKE.
Col. Gordon not TO Be Suggested as
Receiver By the Terminal.

| Vice President John A. Rutherford
Denies the Report The Terminal
| Officials Are in Charleston Taking
the Deposition of Hrs. Row
ena n. Clarke, the Original Com
plainant Against the Central-They
Say Her Suit Was Collusive and
That She Was Only Nominal Com
plainant.
Vice President John A Rutherford of
the Richmond Terminal was in the city
yesterday for short time for the purpose
of filing an order in the United States
court from Judge jackson, authorizing the
taking of the deposition Of Mrs. Rowena
NJ. Clarke of Charleston, which he did
through Charlton, Mackall & Anderson.
Mr. Rutherford denies that Col. w. w.
Gordon was requested by the Terminal
people to allow the presentation of his
name to Judge jackson as a successor to
Mr. Conner in case Judge Jackson saw fit
to remove the present receiver of the Cen
trail properties. He says that they did
not take dinner at Col. Gordon's residence
while here, and that no suggestion in re-
gard to the use of his name in this con-
nectlon was made to him.
NOT TO SUGGEST ANY ONE.
TITS not our place, he said, in speak
ing of the matter Yesterday, 'to suggest
any one as receiver in the event of Mr.
Corners removal. Besides the Terminal
has no intention Of stating TO Judge jack
son whom it would desire to have ap-
pointed as such. That's Judge Jackson's
nc 70 10 bn ont
IN case there is one made.
IF Judge jackson should see fit, how
ever, to appoint Col. Gordon as receiver,
the appointment would be entirely agree
able to US. We think Col. Gordon would
be good man for the appointment.
TO EXAMINE MRS. RowENA CLARKE.
Vice President Rutherford left yester-
day for Charleston where he goes to at
tend the examination of Mrs Rowena NJ
Clarke, the original complainant against
the Central railroad, before master in
chancery. The examination will prob
ably take place to-day as the evidence is
to be presented al the hearing of the case
in Atlanta on May 25
The order Of Justice Jackson, authoriz-
ing the taking of this deposition, was fled
in the United States court here yester-
day. In his petition asking for such an
order Receiver Oakman of che Richmond
terminal refers to the motion of the
Terminal company to set aside the pres
emit reccivership, and says that the action
of Mrs. IIowena M. Clarke VS.. the Central
railroad and Banking Company is be-
heyed to be collusive and not within the
jurisdiction or cogniZance of the court.
MRS. cLARKE's POSITION.
He states that if the Richmond Termi-
nal Company be given authority to eX-
anime Mrs. Clarke, the original COM
plainant, it will be fully proved that she
had no grievance against any of the de-
PENDANTS, and that she never employed
any solicitor or directed any action to be
brought, but simply consented to the suit
being brought in her name so as to give
color to the jurisdiction of the court to
entertain such cause. He states it as his
belief and says that it cam be proved,
that it was agreed that she was not
to be held liable for expenses or profess
sional services, and that she would be
fully unidentified of the costs of such ac-
tion provided that she acceded to their
request and allowed the use of her name
as the nominal complainant The exami-
nation is to take place in Charleston to-
day.
ON THEIR WAY TO ATLANTA.
Attorney Crawford, Receiver Oalman
and Vice President Rutherford will be IN
Savannah tomorrow on their way to At
lanta to be present at Thursdays hear
ing.
There is to be a meeting of the board
of Central directors to-day to discuss this
hearing Messrs. Lawton & Cunning
ham, S. B. Adams and Col N. j. Ham
mond of Atlanta will appear in behalf of
the Central.
The affidavit of Simon Borg in the case
of Alexander Brown 81 Sons was filed in
the United States court yesterday. He
states that the Chattanooga, Rome and
| Columbus road is not insolvent, as it
made $4,000 last year above all its oper-
ating expenses and fixed charges.
Mr.. ]. S. Auerbach of Lowrey, Stone &
Auerbach of New York, attorneys for
the reorganization committee, and Hon
Benjamin F. Tracy, who has also been
! engaged by the committee, are expected
in the city this morning. They will go
from here to Atlanta TO attend the hear
] s,1~- ll..fI I