The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-04
GETS BACK At CHETWOOD.
Attorney Mitchell Says Some
Unpleasant Things in His
Answer.
Agent Stateler Denies That He Has
Been the Tool and Creature of
Soap King Thomas.

All of Judge Mckenna's time was taken
up in the United States Circuit Court, yes
terday, in listening to the reading of de-
PENDANTS pleadings in the injunction suit
OF Special Trustee John Chetwood Jr. of
the California National Bank against
Agent Thomas K. Stateler
Attorney r. B. Mitchell for Mr.. Stateler
read a voluminous answer, to which was
added the affidavits OF himself and State
Ter, denying that they were or had been in
any way acting in the interest of ex-Presi-
dent Richard P. Thomas as againststhe
bank.
With simple answer denying generally
the allegations of the bill of complaint Mr..
Mitchell was not satisfied. He had APP
pended to the denials long series of aver
ments the effect of which was to make it
appear that Trustee Chetwood had received
out of the judgments paid by Directors
Robert A. Wilson and r. r. Thompson
(S27, 500) as much as $40, $50 Is for his
own personal benefit as attorney in the
Superior Court suit in this County.
According to Mr.. Mitchell's answer, R.
P. Thomas, the Berkeley soap king, was
the rightful owner of $50 shares Of the
banks stock at the uly g. 1894, meeting of
stockholders and that Mr.. Stateler was
legally chosen agent by the vote of Mr..
Thomas stock and the ten shares each of
w. y. OldSS, Leon 1olly, Joseph ferKlnS,
R. w. Andrews, J. G. Pohle and D. E.
Dowling-a total of 1920 out of the 1000
shares held in the bank.
The formal documentary recognition of
Mr.. Stateler as agent by Comptroller of
the Currency James ii. Eckels and Re-
ceiver S. P. Young was also produced.
Plaintiff ChetWood was severely criti-
cized in the answer because he did not try
TO obtain from Directors Thompson and
Wilson as we'll as ex-President Thomas
the Judgment of $3.50 925 obtained by Chef
woods suit in the Superior Court.
Thompson and Wilson," says the answer,
''were both men of large means" After
the $27, 500 was deducted it left a judg-
ment of $139,419 against Thomas, from
which Thomas appealed to the State SUI
preme Court. Mr.. Mitchells belief is that
Thompson and Wilson should have been
proceeded against as joint tort feasors
with Mr.. Thomas, and that Mr.. Thomas
should not have been singled out for civil
prosecution in the way defendant claims
he was.
The answer throws the blame for the
banks losses, amounting to $197, 092 on to
the cashier, whom it does not name, and
charges him with having made bad loans.
An averment is also made that Mr.. Chef
wood purposeiy kept secret the judgments
of $27, 800 against Thompson and Wilson
from the directors, receiver and Comp
troller. and charges him with appropriate
ing $1,000 on court order sixty days before
his commission from Washington came to
him; that he also got $4,000 as attorneys
fees and $3.50 16 for expenses, leaving in
the bank only $16,639 "a out of the iudg-
ment fund.
Further. the answer says the holders of
the slock who voted Mr.. Stateler in as
agent had paid 500, S95 on their stock and
could not be held liable for more The
document characterizes Mr.. Chetwood as
a man of no means, insolvent and unable
TO respond to any judgment, and accuses
him of prosecuting the suit for his own
ends.
In the affidavits the alleged converse
ton between Attorneys Mitchell and A.
w. Thompson relative to Thomas insol-
vency proceedings is denied, and Mr..
Mitchell says be was retained by General
FREDERICK as associate counsel for Mr..
Stateler and has nothing to do with
Thomas. In Mr.. Stateler's affidavit that
gentleman denies that he is 'the tool and
creature of Thomas"
The case was confined week.