The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-23
ENNONS OUT AND In.
Rapid Changes in Blaine Ma
tionaI Bank Scandal.
wHeELERS HIT BACK At DAVID.
They Say He and the Banks Debtors
Conspircd to Dodge Debts-Em-
mons Is Beappointed.

,narniug Judge Hanford vacated the order
sorsoInting X. ". Emmons receiver Of the
pEaine National bank. and on motion OF
eo.nsel for the Wheelers the case was dis
rssssed without costs TO either party, aud
.ttnout prejudice TO a new action for the
xaus cause. This was followed up In the
afternoon by the fling Of a complaint by
NV Wheeler and E. r. Wheeler against
RECEIVER Lester W. David OF the Blaine
ssa.e bank and stockholders OF the same
hank With this complaint was fled an
.esdavft from II. W. Wheeler, in which
serious charges are made against David
ard the stockholders Of the State bank,
whom Wheeler calls 'conspirators" The
complaint Itself goes over the whole mat
ser Of the organization of the two banks,
TIE appointment of receivers. and the al
ssged wrongful acts OF Receiver David,
and IL ls asked that a receiver be appoint
al 70 preserve the business OF the Blaine
National bank. ard protect IL from the ac-
ions OF David and his co-eonspirators.
Asa result OF the filing Of this complaint
sad affidavit, Judge Hanford appointed
As receiver OF the Blaine National bank
r. W. Emmons, who had been removed in
the morning.
Counterbiast OF the wheelers.
The complaint filed yesterday II by the
Blaine National bank, II. W. Wheeler. as
sad f. r.. Wheeler. secretary and cash
Ter and stakeholder aud director, against
Lester W. David. receiver of the Blaine
state bank the Blaine State bank. W. II.
T. Barnes. o. u. Mcdonald. d. s. Miller,
Ia. Prouty, c. L. Rosbrough. John Wag-
ener, Francis Power, the Baptist church
OF Bowdenham. Maine, Adife 3. Bryant.
fero L. Work. f.. A. Boblett George W.
Cain. w II. Pinckney and II. NJ. Smith
inf otl oalf hH Ci in
detail the organization OF the National
hank ia 1880. and the beginning Of business
en- January I. 1881. with capital stock OF
taaa, divided into 500 shares. The bank
continued In business until November. 1894.
when IL went into liquidation. retired its
outstanding currency and obligations and
ceased TO do business. except whatever
was necessary to close up its affairs.
which has been In progress ever since.
IL il claimed that the Blaine State ban.
VAS organized by stockholders of the Ma
tional bank principally for the purpose OF
continuing the business OF the National
hank that the State bank used the office,
furniture. books and records Of the Ma
tional bank without consideration, the OF
scers Of both banks being the same.
Saw the ssother Fellows Dodge Debts.
Then. the Wheelers, allege. in order 10
collect claims against Barnes, Miller. Nc
Donald, Rozbrough and the others named
az defendants, all OF whom were largely
Indebted 10 the bank, they, as president
and secretary, instituted or were threat
eninr 10 institute actions in the superior
court Of Whatcom county against them.
They we're pressing the defendants haru
for nayment of their debts and the de-
PENDANTS then, together with Lester W.
David wrongfully eonspired tosether !"
avoid payment of their obligations 10 the
Ia
appointed of the state bank and causing
hin, 10 take possession not only OF the
property Of the state bank. but also the
pronertv OF the National bank within tho
Offices and control OF the officers OF the
State bank. The complaint then tells now
David was appointed receiver OF the STAT
bank by collision, conspiracy, etc. ana
sss@s mat he Inv the ownership and con-
,rol ~ the streator Manufacturing Com
ranv Of Blaine. was indebted TO the Ma
ilonaI bank for $500.
David Had IA Gun. Not a Sling.
Tho wbeelers' version OF how Receiver
pavid took possession OF the properly or
The state bank, and also some or the
property OF the National bank, Is given
Thsv claim that IN excess OF his author
nv Receiver David wrongfully. forcibiy
and tortuously entered into the rooms OF
The National bank. and with deadly
III. a
,hves,s and violence, seized all the prop
srty OF the National bank. consisting or
the bank furniture, one large ana vaiu-
shle safe. all the books and records, a
largo sum OF money. all the private pa
ne-s. correspondence and memoranda or
the National bank and its oEicers' one
promissory note Of great value, tha9 ne
forcibly took the keys 10 the oullulns al' go
elected the officers OF the Nauonal oahk
.haresror,. that he closed and locked the
ofices and that the officers of the Ma
,,onal hank have since been. ny MS ac-
tons excluded from the possession ann
cantrol OF tho property or the Nat'oha'
hank.
The officers then claim that by reason
Of the conspiracy Of David 9hu 'le
ofher dsfeudants. the bank is unable 70
,ranssct any business, and that unless
receiver be appointed ny tie Federal court
q take possession AT once. the properly
wln he lost. scattered and wasted before
ths anal hearing can be had.
They can David Bad Man.
Tna plaintiffs aIleEe that Receiver "a
vd az the state bank, is Wholly IRE
saansiblc and financially fnsolvcnt' that
D. has a bad reputation as a business
MANAGER. and that he Is known 70 De
largely in default 90 the city OF cialDs' -
sforyner city treasurer. that he - Wholly
Nneeurp.tent and untrustworthy In the
management OF the Affairs OF me state
bark ana as a custodian. even tempo
rarly. Of tha property OF the nauona
bank
II. " Wheeler claims that he IS the
owner of forty shares 81 the stocA %
she national bank. and r. x oee4eF
SAYS he owns nftecn shares IN his own
rfgh, ana hoi4 "a trustee ia shares 81 the
sane hank. and over 100 shares or the
state bank Il IS alleged that since David
VAS appointed receiver Of the state BANK
ene or The couspl~ato-s y, y, Kingsley.
las disposed ~ Ms property Tor me puT-
pose AZ preventing the collection or TIE
tanks claim against him. and 'nat ne
oshAr eonspirstars Will IN the near f3-
tare So transfer. hecloud and sncun, Ger
their property as 20 render u iif'fcnH or
Impossible 10 collect from them what they
owe TIRE hank.
The PLAINTIFFS therefore ask that a re
eeiNeF he appointed 70 take possession OF
~ property - the national bank, and
"a, anon any hearing hereafter 10 re
Aa4. The Same. vr some other, receiver oe
eent.nHgd or appointed. and that TIE bus3-
heSs ana affairs ~ the national hank oe
settled suf wound up ~ such receiver.
In hts AFFIDAVIT II W. Wheeler makes
the same allegations. practically, as con-
hfaeo tN the complaint, claiming t3at
tae appointment ~ David was secured BY
ne conspiracy. COLLISION and confederS-
aaa Of " II r Barnes. n. : Miller. II
Kingsley. T. A Bohistt. /. F. Ros-
.aezh ana Francis Power al lRrgely m
.eh'ed 20 the hank together with David.
.Anes Barnes and C.. q. perlsy. AL resi-
1en's 81 Blaine COR the puypose % pre-
lang the collection - cl3iGfs against
eo, 2nd for the purpose q hanpcrtng
ehoars 81 re performance % their
sses ard o. etase. u possible. the IN
,.sency at the eank. Tie saws ne knows
"A