Capital journal. (Salem, Or.) 1893-1895, 1895-11-14
THE INDEPENDENT SUIT.
Testimony In The Controversy Oysl
Beiom MowspApsr.

mcMAhan ~ Al, VI, j. ". Fletcher,
Amos Strong, Cleo. r. Cline, OF Al, for
possession of the Salem independent
Publishing company property was
begun before Judge Hewitt. wednes.
day afternoon.
}. w. Jory called. Was one Of the
plaintiffs ln this case. Have heard OF
sale OF Independent publishing com.
pauy. DO not remember when I frat
heard Of II. Think the sale was made
In 1894. l do not remember taking
any action for some time after hearing
ofiL think that I was at Aums-
Vile when meeting was held, the
meeting at which the plant was sold TO
Mr.. Fletcher. Some time after heard
plant haL been sold to Mr.. Fletcher
Received no definite information In re.
CARDS 10 II for some time. Last sum.
tner Mcmahon and called on Mr.
Holmes to learn status Of the property.
Was told Mr.. Cline had papers at
Woodburn. Went to Woodburn. He
had the papers, or quite a number Of
them. II he had contract he did not
show II. Mr.. Cline showed a memo.
randum Of stock holders aud amount
OF stock. Said that was all he knew
about stock. l further asked II II was
possible to get business In shape to run
Populist paper. Mr.. Cline gave me
verbal statement of contract. Said
Mr.. Fletcher did not like to take hold
of the matter until strong would go In
with him; that Strong and he were
silent partners with Fletcher. Nc
Mahan asked II he had seen papers;
wanted to zee them. 1 asked Mr..
Cline If he would object to Mr.. Nc.
Mahan seeing papers. Said no. Mr..
McMahan did not see them that day.
Mr.. Cline said he had reconsldered the
matter and thought he would not let
him see them. Do not know value Of
plant at time Of sale. 1 don't recall
statements made by directors or respon
sible agent Of the corporation near
time Of sale. Cross examined: heard
Of meeting at Mr.. Swank's. Am not
certain heard Of II before that. Mr..
Jory was handed paper. which he said
bore his signature or q good imitation
Of 1t. Impression was that IL was
written In red ink. The body 10 not In
my hand writing. 1t resembles Mr..
Swanks. am certain body was not
written by myself The signature
looks Like mine. The body looks like
Mr.. Swank's and / should call 1t his.
The date Of this proxy corresponds with
date Of meeting. Do not know whether
or not 1 received notice OF meeting.
The first time 1 saw the contract was
at meeting Of stock holders. asked
for books and papers OF the corpora
ton for inspection. MIR. McMahan
and went to Woodburn together. Mr..
Cline stated to me that Mr.. Strong and
he were silent partners with Mr..
Fletcher. did not understand him
to cay they were silent partners only
so far as to paying obligations of the
corporation. do not recall that this
paper was offered TO me II I would
assume liabilities. do not remember
Mr.. Fetcher's ever wanting to sell. the
plant to me.
L. H. McMahan testified: 1 was
present at the stockholders meeting.
Was not present at the meeting held
March 81, 1894. learned the result
of the meeting during the week fol-
low Ing. Mr.. Strong told me the prop
erty had been sold to Mr.. Fletcher,
He said half Of the net profits Of the
management for two years would be
diyided among stock holders Of the cor
roration. / have been trying to get
an election Of directors to find out
what had been done. do not know
that 1 inquired Of Mr.. Cline what had
been done with the property. Mr.. CliAe
said he did not know what contract
was except in a general way. had
40 shares of stock In the company. The
first step took was to prevent sale Of
property.
Mr.. McMahan was shown a paper