The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1894-04-04
An Unprecedented Proceeding


had before Chancellor Tuley today.
At the last session of the state leg
islature law was passed providing
that when both parties to civil
suit were agreed every point at is-
sue might be submitted for adjudi.
cation to the presiding Judge of any
circuit court. The law gives to such
judicial officer ex t. aordinary powers,
Not only are errors which may in.
tervene in the hearing released, but
the judge has the same authority as
the majority of the justices of the
supreme court of the United States,
and he can enter judg ment and de.
cree, both to be final, and from
which there can be no appeal. The
case of today is the first one of any
magnitude to come within the pro-
visions Of this remarkable hearing.
It is a combination of all the suits
that have occupied the attention of
American and foreign courts for
over five years, involving millions
of property and scores of individ.
uals, and known az the Texas capt.
toll contracts. William Sturges and
Bessie Sturges, his wife, are the
the compliments, while the defen
dants are John V. Farwell, Abner
Taylor and the Capitol Freehold
Land and investment company
Qimited), a wealthy London corpo
ration, formed principally to con.
struct the immense Texas capitol
building at Austin, which is the
largest structure of its kind in the
country outside of Washington.
John V. Farwell and the other in
dividual defendants we're interested
in the formation of the company, in
which William Sturges also assisted,
whether in the capacity of principal
or agent is matter in dispute. The
company received from the state as
compensation three million acres of
land in the Panhandle country in
Northwest Texas, which was
stocked with $50, 900 head of cattle.
First among the 81 ries of contests
commenced by MIR. ,Sturges against
the Farwell interests was suit
fl lied in the United States court here
to recover 1900, o6O, which he
claimed was his due. Afterwards
the chancery proceedings were com
menced in the ciruuit court TO re-
strain Mr.. Farwell from collecting a
$l4O, 900 note. Suit was also com
menced by Mr.. Sturgee, lin Mar
quette, Mich, in which he claimed
the right TO redeem certain land
which stood in Mr.. Farwell's name.
In the high court of justice in Lor
don two suits were also bro1gh:
against the Capitol company and
John V. Farwell. In these certain
claims, footing about $4,000
were made by Mr.. Sturges. Prog
ress in the English proceedings was
subsequently barred by an ipjunc
ton secured by Attorney George s.
Westover, who represents the Far
we'll interests. This restrained the
complainant from going on with
the litigation. Mr.. Sturges was in
the jurisdiction of the United States
courts. Though the English court
was not in the least bound by the
order here, yet when it was cabled
to London the lord chancellor, act
ing on the unwritten rules of inter
national legal courtesy, at once sus
pended further consideration of the
suit. Attorney Henry S. Monroe
who represents Mr.. Sturges and hi:
wife, the complainants, spent the
greater part of the year 1892 il
London with Mr.. Westover in the
transaction of legal business there,
Much preparation was needed tt
bring the suits to the condition nee
essary for presentation to the Judge
Enormous masses of evidence in tn,
shape of dispositions have been pre-
pared and printed. These will hi
read for the information of tn,
court, and it is probable that tn
oral testimony of numerous wit
nesses will also be introduced. TIL,
arguments of the counsel will b.
written and submitted. There wa
a large attendance of lawyers ant
t of the general public in court thi
3 morning for the purpose of witness
, ing the inauguration Of this remark