The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-09-15
DEFENSE OF WILLARD
WHEELER II. PECKHAM SPEAKS
FOR THE Ex-RAILWAY KING.
Says His Client Has Not Been Ad-
Judged Guilty of Making Illegal
Gains, and Is Innocent.

NEW YORK. Sept. IA. = Ex-President
Henry Willard. OF the Northern Pacific
Railroad Company, who was charged in
the report of Master in Chancery Carey, in
the proceedings against Receiver Cakes.
with having made unlawful gains in his
dealings with the Northern Pacific Railroad
Company, is in the Orient. His counsel.
Wheeler II. Peckham, to-day made the fol-
lowing statement for publication in de-
fence of Mr.. Willard:
1.-The statement in the papers is calcu-
lated to do Mr.. Willard great injustice.
From a careless reading IL would be in
ferred that In some legal proceeding con-
Quoted in the ordinary way to which Mr..
Willard was a party. IL has been adjudged
by the master that Mr.. Willard had made
illegal gains. Nothing could be further
from the fact. In the consolidated suit in
the United States Circuit Court, Eastern
district Of Wisconsin. against the Northern
Pacific Railroad Company. Thomas +.
Cakes, its then president. and Messrs.
Rouse and Payne were BIZ consent OF the
railroad company appointed receivers. This
inquiry at Milwaukee was not made in or
der to recover anything from Mr.. Willard.
No judgment or decree of any kind can be
rendered affecting him. The only result
that can be effected is the removal or re-
tention of Mr.. Cakes as receiver. Had the
inquiry been conducted by counsel with
this view only the report would have been
there had been unlawful gains. etc. by Mr..
Willard or any other director, inasmuch as
II was clear that Mr.. Cakes neither knew
nor ought to have known of such unla wful
gains. The inquiry does not seem 10 have
been conducted with that view. On the
contrary, its one purpose seems to have
been to attack Mr.. Willard. 1t was con-
Quoted by the special antagonist or Mr..
Willard. Brayton Ives. now president of the
Northern Pacific. MIR. Petit. the petition
er's counsel. put before the master the
was concerned. there was no other side.
Mr.. Willard had no standing in the proceed
ings and could not be heard. Had he vol
unteered as a witness he would have been
subject to examination such as petitioners
counsel chose to give. and without the right
to the aid of counsel and without any con-
troll by any court over the examination.
Certainly no counsel would allow his client
TO be put in such a position.
Now. as to the charges made in the
report, L can only say that Mr.. Willard
most emphatically denies any Unlawful
gains and any wrong doing whatever. The
way to try whether Mr.. Willard is culpable
to bring in irrelevant matter on a petit
ton to remove receivers. One such suit
was brought about a year ago: nominally
by the same interest which filed the petit
ton to remove the receivers. To that suit
Mr.. Willard Immediately filed a full and
complete answer. The time to take testi-
been practically abandoned.
LAS to the charges reported by Master
Carey, Mr.. Willard is quite as ready to
meet them as he was those Of the Swope
case. and only after Judgment in a suit
brought against, him. and where he has
been heard. will an intelligent man give
the matter any consideration. Now, with
the testimony taken by Master Carey. 1
L nm NOT fQmlIilr If WaS nTPSQnta0 nv MT.
Petit, Mr.. Ives's counsel, and. / am told,
does not warrant the conclusion. The gist
| regard to the Northern Pacific G. Manitoba
Railway Company Mr. Willard made a
profit beyond a reasonable compensation
for his services and made an 'unreason-
able profit That profit Is stated at $685.
6S1. 20. The question thus in the mind OF
the master seems to have been one of de-
Compensation but says Mr.. Willard
charged too much. and has apparently al
ter of opinion on which people will diner,
and on which no one is competent to form
an opinion unless he knows the facts
mony taken, and can form no opinion as
to what conclusion 1t warrants. / am told
f nave it been Overlooked og iooi by the master. If
that is so would reduce Mr.. Wizards
com2ensation or alleged illegal gains to
the master has drawn correct conclusions
| from the testimony submitted to him does
not seem to me of the least importance or
worthy of the least attention. Elk parte
| proceedings without the presence of the
| party charged are too VIGOROUSLY worth
less to attract attention. AUDI alteram
partem' is so old and sound a rule that
even a scandal-lovlng public cannot for
get il, and until these mud-throwing enc
mics Of Mr.. Willard can muster up sufii-
against him where he can strike as well
as defend he can rely on an intelligent
public rightly. to estimate such proceed
l ingS as these