The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1894-07-26
c. F. Y.v. REoEivERzHrp.
Argument In the Case Heard Before
Judge Stnon:On

| / q it's report of tue 9. f. & Y. V
] fore Judge Sinonton, Of the Circuit
| Court, at Greensboro, on Wednesday
| the Record says:
| The point was to determine wheth-
er Gill, appointed temporary receiver
| of the G. +. & Y. Y. Railway Compa-
| ny last FEBRUARY, should be made per
manent receiver,
j. K Cuwen and T. J. D. Cross, of
Baltimore and Judge Hudson, hf Ben
nettsville, represented Gen. Gill; Her
bert B. Turner the Farmers Loan and
Trust Company of New York.
+ On the o:aeE side We're Chas. Price
and Theo. +. Kiutz~of Salisbury, rep
resenting John w. Fries. trustee of
the North State Improvement Com
pany; Fab. II. Busbee, of Raleigh,
representing the Peoples National
Bank of 'Lynchburg; Mai. Roundtree,
OF Wilmington, representing Murchi-
son & Co., of New York; Watson and
Buxton, Of Winston, the United
Brethren of Salem and Col. Williams.
Richmond, for the Bank of Richmond
Proceedings were opened by Mr.
Buxton who read the COMPLAINT of
Fries, trustee North State Improve
ment Company, reciting why Gen
Gill should not be made permanent
receiver.
The answer to this was read by Mr..
Turner, OF the Mercantile and Trust
Co., followed by an affidavit CT Dr.
Lash, president of the road, read by
Mr.. Buxton in support OF the motion
ousting Mr.. Gill. Mr. Buxton also
read an AFFIDAVIT from Jas. Il. Will
liams, former treasurer, removed by
h,1f no
annual salary Of 81 800; that his sue
cessor was paid more and also given
clerk, making the expense OF the Office
by reason OF a pay-Jrain not in use
hitherto, s4,500-an increase 10 ex
penditures n this office aloneof S, 600.
He also stated when he Was tirst ap-
prised of his removal that Gill prom
Ised to give him the position OF Solic-
iting agent, but afterwards told him
the committee of first mortgage bond
holders objected and ne could not do
SO.
In rebuttal of this Mr.. Cross read an
affidavit by Gen. Gill, giving his rea
sons for the removal of Williams and
others, viz: that his bond was small:
that ne was a relative Of the auditor,
etc, etc. Also stating that Williams
was paid 81 800 and not 81 800 year.
and that the additional expense was
not as stated; that be ran 30 pay train,
but pay car attached to regular
trains. It also having been charged
Ia the atfidayits of DR.. Lash and 9th
ers that Gen. Gill had 40 experience
IN railroad traffic and was therefore
Incompetent, Mr.. Gill replied in an
afidaYit that he was director in a
number of roads, and president
OF one and that he had built the r. &
5, personally supervising the con-
StructiOD, etc.
In rebuttal Of this Mr.. Buxton filed
an affidavit from director of this
road that this was not true; that he
had nothing to do with the construc-
tion and giving the name OF the party
WHO executed the work.
His Honor, Judge SimOnton, then
stated that as he viewed it there were
four issues to be submitted:
L. Shall Gen. Gill be removed as re-
ceiver?
. Shall there be co-receiver ap-
pointed :
3. Shall the second mortgage bond
holders be made party to this ac-
tion?
4 Shall the Peoples National Bank
of Lynchburg be made d party
This last or fourth issue was settled
by the Judge. VINO refused to make il
party.
He then announced that on the first
issue-shall Gill Oe removed as receiv-
er-he would hearargumeat
Mr.. Watson spoke in support OF the
motion to remove Mr. Gill, reading
from opinions of the court in relation
to such cases, and showing that BIZ.
Gill was a party in interest and as
such should not hold the position.
His argument. from his standpoint,
seemed conclusive.