The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-11-24

SOnAlly Lhat ii was being well managed
and making money and had so tele-
graphed TO a friend of mine who was
largely interested and a few days be-
fore had sent Information at the same
time TO friends in Amsterdam who were
largely Interested in the road and felt
sure [ told him, that even if they did
bring suit Tor q receiver ne would not
be appointed. and even if he We're the
case would be taken to the United
States court He said that would be an
lmpOssibility; that i'll was a state case
and could not be taken to the United
states court. / then told him that it
would be a very foolish thing to go into
an arrangement to sell stock without
being very positive that a receiver
would be appointed and sustained BY
the courts. He said there was no doubt
whatever of a receiver being appointed.
for IL had already been virtually done:
the receiver had been named and his
bond approved 4 asked him how he
could keep matter Of that kind secret
but did not get any definite answer
from him.
Q.-When did he tell you that the re-
ceiver would be named2
A.-The day after the presidential
election
Q---What reason did he give for hav-
ing it happen at that time?
A-No particular reason that I can
remember
Q.-What reason did he give for not
making public at the time he was
talking with YOU the fact that the re-
ceiver had already been named and
the bond approved2
Al DO not remember his reason, or
Q--Who did he say approved the
bond2
A--As I remember it, the judge be
fore whom the bill was brought.
Odd he give You to understand
that the bin had already been present
ed to the court2
Ayes. sir.
Odd he tell you how long before
that it had been presented?
A.-Not that 7 rememb Der.
Odd he tell you the name of the
judge who passed on the bond of the
receiver.
Ale did not.
Q.-Who did he tell you was the
receiver selected2
Add not give his name.
Odd he in any part of the con
versation at the time tell you the
names Of the parties who had employed
his firm in the matter2
Al don't think he did
Q-Did he say they lived in Kansas
or New YOrk2
A.-As / understood it. it was some
person or persons living in Topeka
Odd he tell whether they were
acting for themselves or somebody
else2
A--As I understood it they were
acting for themselves.
Q.-Did you ever learn who they
Were2
Al did not
Q.-In the course Of the conversation.
what more did he say in reference to
the states Attorney
Al don't remember any more than
what I have already stated.
Q--For what purpose was Mr.. Hite
and Mr. Bailey down here upon that
OccasiOn2
A.-AIr Hite stated that he had ae-
companied Alr. Bailey to Kansas City
Tor the purpose or giving lla a history
Of the Santa Fe road and the legal
status Of the receivership case.
Q-Is Mr.. Bailey a resident Of To-
Ale is in business there. He 50
stated
Q.-Prior to this time you had been
having conferences with Mr.. Bailey in
regard to the same matter?
A-Not until that same Sunday
morning.
Q.-Prior to this time. however, Mr..
Pinkney had been comforting with your
friend. had he not2
A-Yes.
Q-I mean. Of course the same
friend you We're represenung2
Ayes. sir.
Q.-And this meeting at the Coates
House seemed to be in pursuance Of
those conferences and Mr.. Hite attend
ed for the purpose Of giving legal in
fOrmation2
A-Yes. sir.
Q-What was said in that converse
tiOn by Mr. Hite or MI Bailey in ref
erence to the effect that the receiver
AIR. Bailey stated that it would
undoubtedly depreciate the Santa Fe
stock.
Q-Was Mr.. Bailey operating with
Mr. Pinkney in the matter?
Al think he was.
Q.-What was the name of the friend
that you were representing2
Al b. NJ Kohler of St Louis
O-What is Mr. KOhler's business.
"A merchant miller in St Louis
and owner of the Rex Mills company,
Kansas City. Kan.
Q--As result Of the conference and
Interview you did not go into it2
Q-And neither did your friend. Mr..
kOhler2
A-No. sir.
Q-I win ask you if you reported to
Mr. KOhler the result of the cOnVersa-
tions that you have detailed at the
Coates House,
Al did.
Q-What reply. if any. did Mr. Koh-
lor make to that2
Ale said it looked like a family
squabble and he did not want to have
anything to do with 1T, and did not
have.
O.-Did YOU learn Of any other par
ties at Topeka being connected with
this matter except as you have stated
in your depOsitiOn2
Al did not.
Q.-Do YOU recall anything more IN
the way of information that was con-
Veyed to you besides what you have
already stated2
Al asked Mr. Hite what effect the
receivership would have on the bonds
held by my friends in Amsterdam, and
he said the real estate would be sold
and the money divided among the
bondholders He also stated that any
bondholder could Intervene in the case
then asked him if his firm would take
the case of any friends of mine that
held bonds of the road. He said they
would and handed me a card Of the
firm
j. e. JOHNSON'S DEPOSITION
con the morning of the election, Mr..
Henry Keeler came to my Office com
manding me to the strictest se-
crecy about what he was to communi-
cata ~ me- and aeraaine to such Sc