The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-10-31
HAVE TT In COURT
CONTROVERSY BETWEEN WHITTA-
KER AND LEVY on TRIAL
Many Witnesses Testify That Mr..
Levy is Entitled to Twenty Thou
sand Dollars for His Services,
While Others Think Not-Grounds
Upon Which Claims are Based.

| The settlement and report OF NJ. w.
Levy, as receiver of the packing plant at
Wichita, was filed yesterday In the district
court aud was brought before Judge Reed
last night to he passed upon by the court
as TO the compensation or the receiver anu
attorneys for their services.
Mr.. Levy gave bond of $4,000. and
| during the year he collected sos. 556 IS.
aud paid out the sum of SIS. l9S- "a Among
the vouchers for This amount was a charge
of $4,000 made by Mr.. Levy for his SER
vices. Also items and receipts Tor the
legal firm of Stanley & Hume.
Mr.. Whitaker appeared by his attorneys,
Mr.. Boyle of st. Louis, and Mr.. Ve;mil-
lion of this city. Tn only dispute raised
was as to tine charges of the receiver for
his servi ceS. The receiver claimed that
his serv ices weIe worth So 900, leaving a
balance yet due him of $1,000.
The receiver Introduced witnesses to
prove that his charges wer reasonable and
not exhor III tant.
NJ. w. Oliver gave detailed statement
of he work done 10y the receiver, ana che
successful manner in which he had per-
formed his work. How AIR. Levy was
compelled to neglect his own dutie, III tie
bank, and the great worry he had had
during tie panic To preserve The funds.
He Declined the Charge Of so COO very
reasonable.
James j. Parks, attorney was called as
witness III behalf of Mr.. Levy. He testi-
lied that Oh the day before The sale of the
Whitaker packing plant, Mr.. Levy, the
receiver called Oh him and told him that
he WAS afiaid there would not he but one
bidder at ihe sale and he want-d the
creditors TO realize ali they could out of
the property ana did not want it sold Tor
botuing. That MIR. Levy gave him d, QUO
ia cash and told him Co bid the prop
erty. That al the time OF sale he was
present aud there was ouiy one other bid
der besides hIm. That he run up the bid
ding from $4,000 TO $4,000 and that
thereby the properly was sold Tor $50. 900
more Than it would have brought. but for
the efforts o. AR, Levy.
&. V. Eerg Isou gave statement of the
original proceedS. whereby the receiver was
appointed. Th"t lie had met the receiver
vice III s.. Louis and also the same num-
Der OF tim-s at Kansas City.
john Whitaker Was placed on the stand
and Identified cer;aIu property, bonds and
corre>p cadence between himself and the
Receiver.
Mr.. Levy upon taking the stand intro
due several certified copies of allowances
made receivers Ia other states. That he
WAS appointed rtcrlyer at the request OF
the at .neyS of bUth sides That lie took
charge uf sl6O, 900 worth OF meats aud had
10 al pose OF IL. That during tue great
pauic he nad a hard time TO preserve the
property. That tue Care was SO great hat
be was unable 10 sleep either dag or night.
That he collected III round sum S2l0, 900.
He told how he had visited Chicago, Mil
waukee aud 81. Louis aud other points IN
the interest OF the plant. That when the
plant was sold there Was only one bidder
present; he ga Mr.. Parks 5000 aud run
the plant from. .20, 700 10 over So0, 090 TDat
the care he had given tn The business Was
In large measure accountable for the loss
OF his bank stock. That by his eff yrts lie
had saved the packing house company the
sum of $50 900, and that the sum OF so, 000
for his sorylCes would not cost the com
pany one cent; that il was by his action
aud fl JIts thai tie success OF the business
was LARGELY due.
Mr.. Lavy-Had $50, 600 to $40. 900 of the
trust fund, invest ii III good paper. The
bank got the Interest; tile not-s would be
rece we'd from time To lime by Gas Iier
Walker. A credit of 50 coo to 81 600 inter
est accrued and Went To the bauk. [ lost
more than this on bad loans turned over
10 nv Dondsmen about $4,000 Ia cash.
There was abpu Sl69. 900 a C ,sn and notes.
/ nave charged 1000 which have e. ken
as receiver. This was taken out b. me
from times to TIM. | have tuInt d over
30 my bondsmen $4,000 TO MAKE them
safe; my bond>men obj cted TO some OF
the notes anu held them as commu; alton
security. | assigned them $40, 900 of this
compensation Ia secure my boudsnen aud
told Them | would secure them on my
home rather thai to See them loose any
thing. L appropriated this money To my
use without any order OF the court
County treasurer gives bond for 500, 900;
ahdles Il large amount OF money, etc
Receiver Of defunct banks have receive
lands, 30 Labor, only ser -, 500 30 s., 000
Never heard of the Sl1,C0t consigned To
Liverpool. This Statement includes all
tue property which Francis Whitaker 81
Sous owned. Know OF other recriv-
ers appointed. Woolman bauk,
5 wings bank, International Loan
company. Davidson lives ment COM
pauy. N~ry small portion Of
the Whitaker fluid in my bank.
Charles SmytE-Mr. Levy fully indemui-
fed his bOndsmen against all loss. con
slider that a fee of 10 per cent would be
reasonable compensation for receiver
Ny reason r placing the amount 81 high
Is that Mr.. Ivy accepted the trust at "A
time which brought forth great liability.
lie WAS peculiar Case aud grew GU: OF the