The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-06
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ceeds from them.
Mr.. Duckworth, in line with this testi-
mony, said he had failed to have about
$4,000 worth of certain bonds, including
some Gainesville, Jefferson and Southern
bonds and Others, registered as he had
done with all the others. The trustees in
England, he said, thought him guilty of
carelessness in this respect. and he had as
sumed the repayment Of this amount TO
the estate. To protect him I'm personally
assuming the repayment of the value Of
these bonds, which were lost to the es-
tate. Maj. Hartrdge. he said, had conveyed
his property at Beaulieu to him.
When Mr.. Duckworth stated the Janu-
ary' 1891 coupons had been paid. Mr..
Lawton asked:
Then there was partial settlement
between Maj. Hartridge and the Batters-
by estate?"
"Only one coupon was paid. There was
no other settlement," Mr.. DucKworth said.
Mr.. T. NJ. Cunningham, treasurer of the
company. was then put on the stand to
testify as to the transfer of the bonds
Mr.. Cunningham produced the registry
books and by reference to it showed that
$4,000 of these bonds was transferred to
the estate of Battersby in the year 1854
and 1895.
They were originally registered to
bearer" Mr.. Cunningham said, "and were
transferred by bearer to the estate of Bat
tersby."
When were they next TRANSFERRED" he
was asked.
ION Oct. G, $780," Mr.. Cunningham said.
$4,000 of these bonds were transferred
from the estate of Battersby to bearer
by Maj. A. l.. Hartridge"
DO you know what became of those
bonds?" Mr.. Owens asked.
The entire issue has fallen due and been
paid" Mr.. Cunningham said, land they
a
either now in the hands of the trustee or
destroyed.
can they be produced by notice to any
one in this state?" he was asked.
mo, sir" Mr.. Cunningham replied. He
stated that he was not here at the time
the transfer was made, but that Mr.. A c.
Timer was acting in his place.
When Mr.. Duckworth was put on the
stand in the afternoon Mr.. Owens said:
VIII you please state whether you ever
assented to Maj. Hartridge's making such
transfers without consulting your"
Never" was Mr.. Duckworth's reply
WAS this transaction referred to your"
was asked.
NO" Mr. Duckworth said.
When you came over from England
about that time, were these bonds in the
Battersby box?" Mr. Owens said
mo" said Mr.. Duckworth.
Have you ever had them or seen them
SlHCS. MI owens aSkeu
mo, 1 have not" Mr.. Duckworth re-
piled.
Have you ever made any demand for
them on Maj. Hartridge?"
Yes" Mr.. Duckworth said.
did he deliver them?"
mo"
was he able to deliver them?" asked
Mr.. Owens.
HE said he was not" Mr.. Duckworth
replied.
Mr.. Lawton objected and moved the
question be ruled out, which was done.
Has the estate ever got hold of them?"
Mr.. Owens asked.
mo-" said Mr. Duckworth.
Have you ever made a return to the
court of ordinary" Mr.. Layton asked.
Il have not" was Mr.. Duckworth's re-
ply.
"Of your own knowledge do you know
what became of those seventy-nine
bonds?" Mr. Lawton asked.
mo, DO not" Mr.. Duckworth replied.
81 have never seen them. 1 did not ac-
tually see them delivered, but know they
are gone"
You don't know of your own knowledge
that they have gone out Of the possession
of Maj Hartridge?" asked Mr.. Lawton.
LAS far as I can know" replied Mr..
Duckworth. They have gone out of my
custody and have been lost to the estate"
and Cunningham announced that they
would not introduce any testimony, as
all the material facts in the case had
come out in the testimony on the other
side.
Mr.. T. M. Cunningham, Jr., then took
up the legal argument of the case for the
defendant, and the jury was dismissed
until this morning at 10 O'Clock.
The afternoon was taken up by the argu-
ment of Mr. T. H. Cunningham, Jr., on
the law in the case. Mr.. Cunningham
claimed for the defendant company that
Mir Hartridge was a duly authorized ex-
ecutor of the estate at the time the trans
fer of the bonds was made on the books
of the company and that he was the only
authorized executor. He held that Mr..
Duckworth, not being a citizen of this
country could not be legally appointed
as executor by the court of ordinary, and,
therefore, that Maj. Hartridge had full
authority to make the transfer. He made
the further point that even if Mai Hart
ridge had not been authorized to make
the transfer the company could not be
held liable as the transfer books were
kept for the company's protection. He
quoted several decisions in support of the
position taken. The argument for the
plaintiff will be made this morning. The
question is almost entirely one of law.
the facts practically all being agreed upon.
and it is likely after the case has been
fully argued that Judge Falligant win
take the matter in hand and instruct a
verdict one way or the other