The morning call., 1894-09-15
is NOT A THIEF.
Strong Denial for Mr..
Willard.
MADE NO ILLEGAL GAINS.
Was Not Given q Chance to Be
Heard.
SNAP JUDGMENT WAS TAKEN.
Anyway, He Was Entitled TO All
the Compensation That He
Received.

NEW YORK. Sept 14-Ex-President
Henry Willard OF the Northern Pacific
Railr ad, who was charged in the report Of
Master-in-C hancery Carey, in the proceed
ings against Receiver Cakes, with having
made unlawful gains in his dealings with
the Mort hern Pacific Railroad COMPANY,
is in the Orient. His counsel, Wheeler II.
Peckham, to-day made the folio wing state
ment for pub icatiOn in defense of NJ.
vi fard
THE statement in the papers is calcu-
lated to do Mr.. Willard great injustice.
From a careless reading it would be in
ferred that in some legal proceedings con-
Quoted in the ordinary way, TO which Mr..
Willard was party, 1t had 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 for the Eastern Dis.
triet of Wisconsin against the Northern
Pacific Railroad Company, Thomas f.
Cakes, its then president, and Messrs.
Rouse and Payne, were, by consent of the
railroad company, appointed receiver.
This inquiry a; Milwaukee was not made
in order TO recover anything from Mr.
kind can be rendered affecting him. The
only result tina, can be effected is the re-
mOval or retention of Mr.. Cakes as re-
ceiver.
Had the inquiry been conducted by
counsel with this view only the report
would have been that 1t was not necessary
to decide whether there had been unaw-
full gains, etc, by Mr.. Willard, or any other
AZ
MIR. Cakes neither knew, nor ought to have
known, of such unlawful gains. The in
Quiry does not seem to have been con-
Quoted with that point in view. On the
contrary its purpose seems to have been to
attack Willard. 1t WAS conducted by the
special antagonist of Mr.. Willard. Brayton
Ives.
''Mr. Petit, the petitioners counsel, put
before the master the testimony he chose.
So far as Mr.. Willard was concerned there
was no other side. Mr.. Willard had no
standing in the proceeding and could not
be heard. Had he volunteered as a wit
ness he would have been subject 10 ex-
animation. such as petitioners counsel
chose to have and without the right to the
aid of counsel aud without any control by
any court over the eXamin alton. Certainly
no counsel would allow his client TO be put
in such position.
'NOw. as to the charges made in the re-
port. can only say that Mr.. Willard most
emphatically denies any unlawful gains
and any wrongdoing whatever. The way
TO try whether Mr.. Willard Is culpable OF
otherwise is to bring suit against him, not
to bring an Irrelevant matter on a petition
to remove receivers. One such suit was
brought about year ago, nominally By
one John Swops-realIy, l understand, by
the same interest which filed the petition
To remove the receivers. TO that suit Mr..
Willard immedit tely flied a tull and COM
plete answer. The time t, take testimony
has long since expired, and the suit has
been praetiea " abandoned.
'As to the charges reported by Master
Carey, Mr.. Willard is quite as ready TO
meet them he was TO meet the SwOpe
case, and only after a judgment in a suit
brought against him and where ne has
been heard will an INTEL gent public give
the matter any consideraii N. Now, with
the testimony taken by Master Carey 1 am
| MT familiar. 1t was presented by Mr..
Petit, Mr.. Ives counsel, ard | am Iii
DOES rot warrant the conclusion. The
gist of Mr.. Carey's report seems to be that
| in regard TO the Northern Pacific and
Manitoba Railway it is alleged Mr. Willard
made profit by reason of unreason BILE
| cou pen ton for his services and that he
made an unreasonable profit. That is
stated al $500, 619 20.
"The question thus in the mind of the
master seems TO have heen one of regret
The master conceded thr righ: to cGmpen-
satiop, but said Willard charged too much
and has apparently allowed him nothing.
Clearly that is matter Of opinion Oh
which people will differ and on which no
one is competent to form an opinion unless
he knows tie facts. l am told that items
of cost amounting to 100000 have been
overlooked by the master. If that is so it
would reduce Mr.. Wizards compensation
or alleged illegal gains to $163, 619 TO- But,
as 1 have said. whether the master has
drawn correct conclusions from the testi-
mony submitted to him does not seem TO
me of the least Importance or worthy of
the least attention.
Tex parte proceedings, without the
presence of the party charged, are too no.
| toriously worthless to attract attention"