The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-01
GRIFFITH SUIT BEGUN.
The Big Case Opened by M
merous Counsel
reusTEE GOES ON THE STAND.
1nother Usury Case Decided-Disa-
greement I'm Pugh Damage Suit
Cruickshank Victorious.

Al the opening OF the case OF G.. ". e
n-tfsth. ar trustee, Ts. the Seattle Ma
.ssas. Bank Building Company. before
s~.~sal Judge Alfred Battle, Ia the IL
,rsry rooEus yesterday. the attorneys. 70
,rsygnt delays and the expense OF pro-
ling formal proofs. entered into a slip
sIatson admitting certain facts The fol-
lggsng allegations were admitted as
yrgse1.
sng Company executed and delivered the
fgass deed. copy Of which Is attached to
sae eomplsfnt. which copy may be used
d ey.1sace as the original
That the building company executed It's
q bonds referred 10 in the trust deed
easa OF which bonds bears interest, as
ss1seaced b. tweaty interest coupons,
szcA for 60, OF even date with the bonds
That tie principal OF the bonds. to-
sr.as. with the interest coupons num-
sersd !, maturing November /. 1891, ard
al o. the interest coupons maturing
hereafter. are unpaid.
Thas the holders Of a majority IN value
II the bonds did more than six months
sftsr the default in the payment OF the
nlsrsss coupons and prior 10 the com
rencement of the action duly elect to de-
fixrs the whole amount Of the principal
.aa the bonds due and payable at once.
sIstuts proceedings 10 foreclose the trust
deed by suit 10 fae manner provided by
ne deed.
Il was further admitted that the de-
sendant corporations were duly created
and legally existing corporations; that p.
Il. Dryer & Bros. and Whittier, Fuller
4 Co were copartnersalps: that H. II.
ylsle was doing business under the name
G. II. II. Vleie * Co, and that Harold
Preston was the duly appointed and quail
ICED Administrator with the will annexed
Of The estate OF II. A. +. Carter. deceased.
Mr. Griffith vas the first witness to be
called. He testified that he was one OF
the original lncorporators OF the build
hE company, aid that George *. Carter
was also an incorporation. III. A. +. Car
Ter and Griffith talked over the whole
shemt al the hotel. and Carter agreed
10 take 90 of bonds and some stock.
Il was agreed to organize with 10000
stock. s3se.eo bonds. $500 for lots and
the balance for the building. Carter took
10000 In bonds provided he should have
10000 IN stock. and as he was associated
with Griffith from the beginning he in
sisted that he should share equally. There
had been a commission allowed OF s2.0Ve.
and at the request Of II. A. +. Carter SIC =
GO Of stock was given as a donation TO
George r, Carter. Carter advanced the
money for the bonds about April II. 1886.
and siQ.0co vas given TO III. l.. Yesler as
part payment for the lots on which the
ba.iang stands. The bonds and stock as
above Indicated were delivered TO Carter.
TIE remaining bonds were sold by the
Wes.sra Farm Mortgage Company In the
East Five Of the bonds were never paid
for. one bond vas reported lost In the
mails and $500 was never received.
During the course OF the testimony nu-
msrOus documents. including correspond
snee. were Intro duced and fled as ex-
hfblts
Following Mr. Griffith. Hon. Eben Smith
was called 20 the stand. lie was secre-
tary OF the building company, and is stu
acting as such, his successor never haY-
ing been chosen. lie testified as 10 what
transpired al various meetings OF the Off
GERS OF the company.
The room during The hearing presents
a busy aspect. The long tables have
been placed together. and about these are
seated the numerous attorneys interested
n the case. Yesterday afternoon pro-
cssdlnEs were interrupted for an instant
70 allow a photographer 20 take flash
llght view Of the group.
Following is a list OF the attorneys
For plaintld-Struve. Allen, hughes q
McMicken. Judge Decker. Of Denver. For
interyeaors-Cllse & King, Jenner a. Legg.
Hastings s s,edman, Frank u. Nash OF
Tacoma. Fer defendants-Carr x Pres
ton. For ieu-clalmants-Pratt & White,
Col / II. McCutcheon. White Il Munday
nouworth < Hove. John n. Elder. SCION
T. Williams. SgYatton. Lewis & Gilman
T. r. Hargee Arthur +. Griffin, John
Wiley. Burke. Shepard & Woods. q. n
Ifurd.
Among the parties 10 the action are
eea,tie National Bark Building Company
Western Farm Mortgage Trust Company
Seattle National hank. Seattle Savings
bank, Sgimsou MN Company, Traders
National IA TX. of Rochester. y. Y, Cor
DON Hardware Company. otis Bros. 4
Co, Mechanics Mn and Lumber Com
rAny. county OF KIM Washington. T. Y
RIVER & Bros. Whittier. Fuller & Co
u ". vi6le 4 Co. Harold Preston. as
administrator.