The morning call., 1894-11-03
NEW MEN CHOSEN.
Partial Settlement of the
CogsweIl Case.
RESULT OF ARBITRATION.
Four New Trustees Found to Fill
the Vacancies.
SCHOOL SOON TO BE REOPENED.
AmicabIe Arrangements Over Which
the Disappointment of Judge
McKisick Casts Gloom.
SCHOOL SOON TO BE REoPENED.

disnute over the CogSWell school. Inc In
itiaI stem toward its reopeniDg has been
taken by the appointment yesterday OF
four new trustees TO fill the vacancies let+
by the designations which had been handed
in from time 20 time.
1t had been given out by his Honor that
some settlement Of the case would be MADE
yesterday and that the conference be-
tween Mayor Ebert and COgswell and
their attorneys would result satisfactorily
so far as the appointment of reliable trus-
tees was concerned. This proved to be the
case, and when the parties assembled IN
court yesterday eX-Justlce Van X. Pater-
son announced on behalf of Mayor Eilert
that four trustees had been chosen to com
plete the board with the addition OF the
present officers. DR.. and Mrs. CogsWell
and j. II. Culver.
The names were submitted-Abner Dc
BILE, Oscar Lewis, Thomas Knight and
Robert Ewing. 1t was intimated that
these gentlemen had undertaken the trust
and that there was no reason WHY, under
this new SUPERVISION, the COgswel ScnoOI
should not be reOpened at once. 30 under
the circumstances it was resolved TO post.
pOue the trial Of the action brought by the
people against MIR. and Mrs. CogSwell ana
10 allow DR.. COgsWelI every opportunity
to carry out his trust.
81 understand" said Judge Hunt, that
it has been agreed upon TO reopen the
school forthwith, and TO maintain 1t upon
the income of the trust property so far as
can be done. Is that not sup"
This was aSSented 10 and then there was
some talk about the arrangement being
without prejudice to Mrs. CogswelFs suit
10 declare the trust Invalid. This ought 10
be heard shortly. Meanwhile. suggested
Ind
possibility of Mayor Ebert retiring from
uffice shortly. Would IL not be dYisable
to hurry on the matters at issue?
Judge Mckisick at this point reminded
the court that the action was practically
dismissed as to his client, j. Ii. Culver.
Judge Hunt agreed to all TINS and sug-
Cested that both actions be set for hearing
on the same day. Eventually ii was
agreed that MONDAY. November II, be
fixed for the hearing and hnped-for settle
ment of bOtn actions. Meanwhile the
Judge minated that he desired TO say a
few words III expression OF his own views
or the subject
Judge Hunt said "Iu the course of the
trial involving the existence of this trust
the counsel for Dr.. COgsWell expressed a
willingness upon the part of the doctor TO
execute the trust if satisfactory arrange
meRts could be made. ThereupOD, at the
suggestion Of the court. the trial was I'M
mediately suspended and interviews had
for the purpose. if possible, OF avoiding
the continuance OF the litigation. Success
resulted from these efforts. Four new
trustees were selected by DR.. Cogswell,
with the concurrence of all parties IN in
terest.
"The parties thus selected are all bust
ness men, men OF standing and integrity
some OF them, from the nature oil thsH
calling, peculiarly qualified TO see that the
design of the founder of this charity is
faithfully executed, and that students are
properly trained in the mechanical arts
and Industries. La the design and creation
of this trust DR.. COgswoll has shown the
greatest generosity, which entities him tC
lasting credit. A a site of the buildings
Of the proposed school be decided to the
trustees a large tract of lana worth sew
eral hundred thousand dollars. for its
maintenance he secured 10 them an annua
income of $4,000 for the term of twenty
years. and for lis equipment he expended
in cash over SS3, 000
at would be misfortune indeed II a
charity thus generously endowed should
not be executed and the benevolent Dur
pose or lis founder fail an now vel
assured that Dr. CogSwell will heartily
contribute his best effort, toward the sue
cess of this worthy undertaking. U0del
the new regime ;he college will be opened
and, with an economical administration.
It can be successfully carried on, and thus
accomplish the great good for which Il
was designed by its founder"
Before adjOuruing Judge McKisick made
an earnest appeal for some fees. He SAID
lie ought TO be PAD for his services, and
that he wanIed the money at once. He
had heavy bill 10 meet at the end Of the
month. Would not his Honor see that he
had funds TO meet that bill? 1t was very
simple, explained Judge McKisick Al
that had to be dOne-nOw that his client
Mr.. Culver, was out OF the case-was &c
make an order providing Tor counsel tees
in that particular Issue. II might come
out Of the trust funds and do nobody any
harm.
Judge Hunt looked thoughtful mo
ment and bY and by inquired how muct
Judge McKisick had already received II
the case.
I've had a retainer-a small retainer
said McKisick. That's all I've had"
How much was that retainer?" mod
estly asked Judge Hunt.
Two hundred and twenty-five dollars
sir"
1.-TWO hundred and fifty" interposet
Judge McKisick's client, Mr.. Culver
'Ah. yes" admitted McKiSick; 81
was $3.50. But then that was IN the Mrs
CogsweI suit | only received $225 re
iainer in the Ebert action"
Judge Hunt unused little. Both &C
tions are dismissed as to your client
Judge" he said. "anG you've had no wor1
to do. Yet you have received nearly $500
while these other gentlemen pointing
Attorney Baggett and Judge Paterson
''have not received a cent aDd haven't eve
asked for fee. | don't see how ca
make any order in your case. ms
a charity business, and, while wish TO b
liberal as far as L can, l don't like 10 US
up trust funds IN couuSe fees. WouIdn'
do it for my very best friend
Judge Mckisick looked blank, but a
length be suggested that as be and Ri
client were out of the fight be ought TO b
paid at once.
Cant help it, Judge" returned Judg
Hunt. You've had nearly $500 for dom
nothing. These other gentlemen haven
had cent and haven't asked for any.
would not be doing my duty il made an
order in your case. The question of you
fee must stand over with the others unit
I've had a chat win DR.. Cogswell. A
the generous founder Of this charity
think lie should be consulted. So L
POSTPONE the whole question until then.
Your Honor will do as you think fit,
returned NcKisick, but can't help say
ing that feel extremely disappointed"
Yes. I'm very sorry II is so. Judge.
was Judge Hunts sympathetic rejondel
But l can't help IT,"
II leave this cour room disappointe
man." was Judge Mckisick's sole reply
as be TAINTED his hat upon his head an
strobe majestcally from the courtroom.
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The Ladies' Seamen's Friend Society desire