Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1896-08-08

nex wpg or M at,9rheg iSss ,or IN W!' ths
atiornsys ,,r inc ,i,Ip,iT AMI ,hc ,5sts 81
cred 10 a new tflstee Tor Tho hondholiets
| frcc OF nny Hens or claims whatsoever,
journei session Of the district court Of
Fswnec county, held for the purpose or
comrletins the arrangement and entering
such decree ns the purchasing. h%ondholdcrs
::os. x Ss,s!on: "a. nd MS y i. VI.
Rush, appeared before the court for The
nntp9se oI haHins me proper entries mau'
aMri stsrrY' omS OF The attorneys tor M.
pLalhtir hhn. dhtlhk ,hc tntire prusiess oi
las AnrcIss Win ny raiir5ai hrsinglt"S mi
~ ,nnbave,n ~ ~ h a'nu,i ~ ~ a.. sssc
nIai,iin Ca ne,cc,,nurv, MAJ posn in III,
hands OF yir, e i, Austin, Of Topcki,. but
MIR. Austin Was prevented from being prcs-
ent by r.nson ofn teislrsm from Mr. kush
that his presence was not necessary.
ION that day. Mr.. Rush, prior 20 The do
S Tess ' sm,cd RENDERED a6 in Hntinm s Of pre- pre-.
scented his detailed rCport Of his trnnsac-
tions as receiver. which Is stll In the
hands OF the clcrk, m tho same condition
that IL was when MED by him. A draft
OF decree such as had been agreed on ny
which provided for a fun discharge OF Mr.,
Rush and the turning over OF the plant 10
coler l.. sim. the new trustee for the bond
Vernon, the attorney for the receiver. and
who hal been temporarily appointed ia
represent the plaintlT, objected to this
clause because Of lis general nature. ana
because III" ATTORNEYS for the plaintiff were
not present and no agreement had been.
made as to the amount OF either their fees
or his. or OF the receivers compenaatlon
and no order made covering the same, and
the decree was then changed In open court
and In the presence OF Mir. Rush and tho
other parties before 1t was signed or on.
tered. Mr. Finncy. a clerk Of Mr.. Vernon.
writing part Of the alterations and
Mir, Nicholson writing another mart,
Altar tb,g. aIt.ra,y,ya h,1 h,.u
agreed upon by all parties, signed
the decree and ordered II entered.
attorneys and MIR. Rush could not agree 1
would set a day for a hearing on the quest
lions left unsettled and make n further
order in the premises, there being moth
ing left to settle in the case. SO far a. I
then knew, except the matter OF cOmpen-
decree provided for a foreclosure. and sale.
and was not for a dismissal. so that it left
the case still pending and the receiver sun
subject to further orders of the court,
I'm the rush OF business of the court. !
did not critically examine the report of
the receiver at that time, supposlng that
II was an honest statement of his transact
tons, but stated that | would examine It
before It was finally approved.
bf 1ns ,est'mony snbselusn'Iy takan IL
attorney for the bondholders, paid him
$500 for the bonds which he had in his
and Mayor Sunderland, for the city OF Lar
ned. maid him s25io in cash and siOo in
iyo ely wnpTnn,s whieh he testified anl the
havins arisen lee waen Mr.. Rush and tho
sation, my attention was called 10 The re-
port and on ex~nmInationn OF if / found tim,
p,' was ~ false. thhatt IL shhowea on ~ i,s fanethatt
~ 60 M n "aI hvd mnhe his ha ,
show Nc "e ~ maui III" o''N'
,o,iunn n'h htu VIII, 10 see NJ it,iunsam5;
Nm Ina '' ha mu ms mapo an honest psnnrt
Of his proceedings as receiver and an hon
ties interested, ! TOOK him to NJ. nernons
once an1 stated IN ar isnsn :ses'mse
10 Ar: vernon mat ! hnd prouHht MN
there hoping he would make n satisfactory
expianation Of MS report and u satisfactory
Tuesday. June :, 1896, He reported TO me
later on the same day that ne ana slr.
said to him that | would return TO Larncl
Thursday the 4th, and would then hear
tin by wire to meet me In Larned on Thurs
day, and notified Mr.. Vernon that | would
he there on that day.
learned that Mr.. Austin had not arrived,
and l afterwards learned that Nj. Rush had
Rush at Hutchinson Friday evening. Mr..
Rush promised me that he would be at
home on the next Tuesday, the 9th, and
whnsS aTrivod there on the sth III found
Mr.. Austin and Mr.. Vernon there. but Mr..
ltlsn was not tnete, anu ! learned tnht
on Friday evening previous he had met
Mr.. Austin at Hutchinson and informed
Mr.. Austin OF the adjournment until tho
9th and arranged that Mr.. Austin should
appear at Larned for him, and thlr he
I,ush) would meet Mr., Austin at Hutch
fnson on the evening Of the 9th, on
.Austin's return from Larned, for the pur-
pose Of being Informed OF the proceedings
that day. / therefore reached the conclti-
sion that he was evadlng "A fair lnysstl-
cation of his report. on that day. Mr..
Austin and Mr.. Vernon. on behalf Of them
selves and Judge Sterry, presented their
application for the allowance of their fees.
and to require the receiver 10 nay INTO
lion. TTpon This appllcntion, in ortIer 10
ascertain the correctness OF the Impress
sion ! had received from The report and
his conduct subsequently. l called some
witnesses and examined Them. Their tcstI-
mony was preserved bv shorthand rep6ricr.
The most important Of these wns n W
IA yInr From him I IenrnrJ tina, he bni
becn superintendnnt Of the water works
nIant while II md been IN Mr., Rush's ms
,hn r onsnrtiors ma ba.n kont nv him nna
,indar his s,inervision, ana thnt th"y w"r.
"orrnc, and sshnveI mi Nr Rush had n
bai,n.a o. t5siSos in ME nIs aIsn
learned thnt thera were some items in the
account r.nortei as noid which lad not
rennried ns s' nprnIisctci wbt,S M hnen
rot,.n,ed b%y NJ, ann ~ L. Ionnoo, ,h.tt
49," ~ ~. W. ,r,rfn. 20 20 I" IL
,artnut ee,Wpn' ssaIarS n, az Va, non.h ~
rann,r.J Yin q" M III, Eoo /, sq5 n.r n,n y"
,r itbnt sai,ry faSSIIinn ,bass n, " ,,nr III
nv ,n,s W. ner MN 10, II, Wm,gh me h"u ne
ho,nun"tuvn ~ ~ tu."I mt
MINUS on w ,t'f rs IePyIt,i lnltri
sh"a,,IIT hs rs,nrSSoj ii,tn ,o,r, e.. a. I IN