The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-20

the expenses of this litigation?
Ny recollection is tell you, have been
so busy and our converse tons have been
short. Nothing said about the expenses
of the litigation, and the attorneys ex-
penses. 1 don't remember anything being
said about 1t.
Nothing said between you and Mr..
Rourke?
Nothing at the time or since.
Nothing about it as all?
No. sir.
Made any agreement about it?
None that remember of.
No understanding about it?
None at all.
You say you had no conversation with
him at all about the fees of counsel?
Not at that time or since. l never thought
about it myself
Did Mr.. Rourke or any member Of his
firm furnish the money with which coun-
sci was employed?
That l could not answer you because 1
know nothing about it. He has furnish
ed me no money at all-not one penny.
You swear, sir, that you had no CONVEX
sation with Mr.. Rourke as to the subject
of lawyers fees?
Yes sir.
How did Mr.. Karger get into it?
I never knew Mr.. Karger until met
him in the court house
Who suggested to you that you see Mr..
Karger?
had never seen Mr.. Karger until met
him in the SQUIRT house on Monday morn
ing.
Did you get Mr.. Rose?
I do not know him if he Is in the court
house. 1 may know the gentleman.
Did Mr.. Rourke say anything to you
about Karger or about Rose?
Mr. Rourke said nothing to me about
Karger or Rose until 1 read 1t in the pa
per in the afternoon. / thought l was
the only one.
You never met Mr.. Rose then?
No sir; not know whether he is an old
man or young man.
Did you and Mr.. Rourke, in talking
about it. discuss this feature, this idea,
that you would get the city enjoined if
you could, and then compel them to raise
the money by taxation so as to pay him
In cash?
No, sir
That was not mentioned?
No sir
Did you talk to him as to what YOU
thought would be accomplished by the
petition for an injunction?
Our talk was very little before the IN
junction.
BY the Court understood you to say,
in answer to questions, earlier in this eX-
animation, that a suggestion was made
In order to raise money, and you said
something would have to be done to make
the city take up these notes?
Make the notes legal. That Is correct
sir
Mr.. Adams continues:
Did you think by filing a bill in which
you declare that the notes were Illegal
and void and against the constitution, that
this would make the notes legal-was that
your idea?
My idea was that if the Judge passed on
1t that they were legal. they would be le-
gal; and if the suit showed them Illegal,
why, the city would put a tax on US and
Fay them.
Your idea was that the city would nave
| to raise the money in cash and pay for
them?
When the court would pass on the notes
as being legal-one way or the other.
Did you discuss with Mr.. Rourke that
idea, if the court held that the notes were
| illegal, then the city would have to raise
the cash?
| Il do not know We did not do much dis
| cussing. All our conversation did not lest
| ten minutes 1 don't think it lasted eight
minutes
How was it you waited until rome
months before you and Mr.. Rourke sug-
gested to employ counsel and have bill
| fixed-why did you wait?
The sewer contractors did not owe me
anything previously to amount to any
| thing
You were interested as creditors of the
sewer contractors, so that they might be
put in position to pay you what they
| owed you--that was your idea?
That's on the idea.
| AS 1 understand YOU. before you leave
the stand, to remove all doubt about that,
| you have no understanding at all, in any
way that your are to be relieved or held
| harmless in any way with Mr.. Rourke or
| any member of his firnl-you have no idea
| at all from them, obtained from a CONVEX
| sation with them, that you are to be saved
| harmless or relieved in the matter of thA
| expenses of the litigation.
That's right, sir; nothing said about
| counsel fees.
You have no such idea?
What my ideas are, are another thing. l
| am not giving you my idea
The attorneys for the other side made
frequent objections during this question
ing by Mr. Adams, and sought to have
| ruled out about one-half of the questions
asked. Judge Falligant admitted all the
evidence, however, with reference to what
ever conversation Mr.. Aimar had with
| Mr.. Rourke about the matter.
When Mr.. Adams asked Mr. Aimar
ABOUT now ne came 10 go 10 MT. Law
| renee, Mr.. Lawrence was quickly on his
| feet and entered an objection.
THAT question is out of order and clear
| ly in violation Of
IT am the one to decide that" JtNge
| Falligant said before he had finished.
Mr.. Adams stated that the witness tes-
| timony showed clearly how the suit origi-
mated. The contractors, he said. are ac-
tually bringing suit against themselves.
| They appear in court as parties defendant
whereas they should be parties plaintiff
| to this proceeding.
The plaintiffs counsel asked the witness
no questions and after he left the stand
Mr.. Adams called for Mr. Karger, who
happened to be out of the court room. Mr.
Lawrence stated he would send for Kar-
| ser. Just here the suggestion was made
that an adjournment be taken until Mon
day morning at 10 o'clock, which was
strenuously opposed by Mr.. Lawrence
who said there had already been too
much delay, and that 1t was important
that the matter should be settled at
once. This suggestion led to the ques-
ton from Mr.. Adams as to why there
had been so much delay in bringing the
suit. Judge Falligant adjourned the case
over, however, until tomorrow morning
at 10 o'clock.