The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-11-05
DEMPSEY THE PLAINTIFF.
HE Is SUING THE MERCHANTS AND
MECHANICS BUILDING AND LOAN.

Attorneys Do Not Regard Judge
speer's Refusal to Sign the Order
for n Receiver as Much of a Set
back to Their Case-They Showed
That Cobb and Mallory, the Officers
of the Company, who Have Been
Made Defendants, Have Committed
Irregularities and This Judge
Speer ACKNOWLEDGEMENTS Di-
rected the Selection of an Expert
TO Examine the Company's Books.
Mr.. j. s. Harrison, one of the counsel
for John Dempsey of San Francisco, IN
the suit in equity now pending in the
United States Circuit Court, against the
Merchants and Mechanics Building and
Loan Association of Macon, returned to
the city yesterday. Mr.. Harrison went to
Mt Airy, for the purpose of arguing the
plaintiffs application for a receiver before
Judge speer.
Mr.. Harrison was aggrieved at the state
ment Of the facts Of the hearing as con-
famed in Macon telegram to the Morn
ing News, which he asserts gives the
statement of the defendant officers Of the
company, and does his client an injustice.
Inc telegram says that Judge speer had
reused to grant the application for re-
eeVer' and in rendering his decision, had
Nl5h.y compllmented the officers of the
company on their management of it's af-
fairs.
The dispatch makes it appear further"
~ t1o vtrit-
oessea IN the case, Mr.. Charpiot of Savan-
man, IS the plaintiff. The telegram comes
llom Macon, and is merely an attempt on
Vne part Of the officers, Messrs. Cobb and
Nidilory to discredit Mr.. Charplot in the
eyes Of the many stockholders of lie COM
pauy in Savannah"
- very many OF these stockholders were
StoesalAed by Mr.. Charpiot or through his
.l'l-7n e. and it seems 10 me that L IS
ah-mus Of the incorrect statement"
,,,- AS matter Of fact. the judge did deny
i appHcation for receiver, but the re-
a.i- OF the partial hearing had before him
nE uo' al all as one would naturally i'm
WSlIoh a reading of the telegram N the
rIi't-''"s News We have made Messrs.
N. ana Mallory joint defendants with
ts, 'inpany in bringing the suit, and they
MI, oeeh required by the court to sub
Gel st DOOhs 10 the inspection OF cOun-
Of d. l2I the plaintiff. From an inspection
sor ,uese books and from other extraneous
RS we showed TO the court .and il
al admitted by the defendants. that the
5si,- oooh was more than $4,000 out Of
NJ 49, ana that this and the other books
Lax company had not been posted since
par. cry many bookkeeping Irregularities
an SHOWN and admitted, though ii was
an ~ 4p. yea to explain them by saying that
had me money collected and disbursed
"U' zen by means Of vouchers"
m. were abe to show further that all
on 5.,ohey belonging to the company was
Ea .osl' IN tho bank of Messrs. Cobb &
t5a. Dry two of the defendants. and
s59,r.5 was not drawing interest. We
dgu mat these TWO gentlemen had been
lF- "ng salary of 5000 a year snce
tan, Dut that nevertheless all the real es-
ns,.. transactions nee that time had
rest through the hards Of the
MI. estate firm of Cobb and
c5 t,,,ery' ard the firm had charged
TO- sons. sons upon them all Between Oc-
Of ~ la'o' and October. 1893, no meeting
COM, we shareholders or dlree' ors of the
pa"y was he'd. None was held until