The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-26

The creditors of John Beck made
some progress toward settling his COM
plicated affairs yesterday by the cleo
ton of E. W. Wilson as trustee. But
that is only the beginning, there will
be several law suits for large amounts
that viii drag their lengths through
many courts.
The eight lawyers who represented
so many creditors worked quite har-
rlonsOusiy and were at times Chester
fieldian in their courtesy. Judge
Thomas Marshall, who conducted the
side of most of the unsecured credi-
tors, and p. L. Williams, who acted
for James A. Cunningham. whom the
unsecured creditors are fighting, each
conceded points to avoid clashes.
Mr. Hyde Testifes.
The hearing began with the exami-
nation of Alonzo e. Hyde, who repre-
sented his wife in her claim against
Beck on two notes, one for 1887 and
the other for 1867. He maintained
that the latter had been secured by
S000 shares of Bullion-Beck Tunnel
stock the certificates for which he
had lost upon the street. He subse-
Quently heard that these had been re-
turned TO Beck and sold by him. The
referee finally decided that if Mr..
Hyde would file statement renounc-
ing all claims for security he would be
permitted to vote for the trustee and
he promised to file such statement.
Mr.. Williams Protest.
Then Attorney P. L. williams. who
had come into the case to represent
James a. Cunningham surprised the
other attorneys with the statement
that he did not consider the testimony
of John Beck as given on Thursday
hsaf 6sa inn 1rh &c
there had been no cross examination
and no opportunity for Mr.. Cunning
ham to put in a defense.
THE proceeding was entirely ex
parte and every rule of examining wit
nesses was violated" said he.
''Our legal brother is so contrary at
timesl'' exclaimed Judge Marshall.
THAT is just the idea which oc-
CURED TO me-" retorted Attorney Will
liams.
Referee Baldwin settled the matter
by having Mr.. Beck recalled. The
same testimony was gone over again,
Mr.. Beck relating how he offered
James a. Cunningham $4,000, then &c.,
600, and finally $4,000 as a bonus for
the loan of $4,000. He told of a meet
ing at the office of Judge Howat and in
speaking of a conversation that had
occurred concerning the transfer of
81 900 shares of Bullion-Beck stock |
When Attorney Williams cross-ex-
amined him he recollected that at one
conversation Judge Howat was pres
ent.
Didn't he say to YOU that the trans
fer Of the equity in this Bullion Beck
stock was an out and out sale?" asked
Mr. Williams.
He didn't say it SO positively" re-
piled Mr.. Beck s3
We'll. ten me his exact words
Mr.. Beck's memory was wholly un-
equal to the task. Mr.. Williams had !
TO give up the struggle to get any
thing more than generalities.
There stood in the way of the eiec-
ton of the trustee the objection to |
MIR. Cunningham voting fer him as an |
unsecured creditor upon a claim for |
$4,000 against the estate. Judge Mar |
shall came to the rescue. Speaking for |
the unsecured creditors, he withdrew
their objection so that the election of |
a trustee proceeded.
Wilson Elected Trustee.
There was not much of contest, |
for The creditors had come to the con-
clusion that the less fighting among
themselves the greater were their
chances Of getting paid.
The law requires a majority of
creditors and a majority of debts for
the election. Many creditors were not
represented DuL the vote LOT f1OyI !
Sherman and E. w. Wilson stood as
follows:
Sherman-James A. Cunningham. |
Ss,o00.42; r. ]. Taylor. Ogden, 81, $50. 80;
a. A. Steed, S7,S7S.Se; James Chapman, |
sS,3107S.
~ Wilson.sisgel Clothing company,
S104.25; Gottlieb, kimmerick & Co, |
S2,O9sSo; D. II. Twomey. SS,S19.S2; |
Hyde & Fox, SS,6S7.86; o. S. Backer, |
500; z. c. NJ. L. s59244; Joseph E. |
White, SS,194.56; John L. White, New |
York, $3S
AS the majority of the creditors voted |
for Mr.. Wilson. ana the majority of |
the debts for Mr.. Sherman there was /
deadlock But Mr.. Hyde changed 1
his ballot. az did Attorney Williams /
for Mr.. Cunningham, and the others /
following suit the election OF Mr.. Will /
son was unanimous. All Of the at /
torneys but Judge Twomey were salts
ned with a $1,000 bond. He wanted 1
$4,000 and they compromised on 81. 500. /
The new trustee must begin the per- /
Torrance of his duties at once 1t is 4
stated that his first work viii be the /
commencement of a suit against /
James a. Cunningham TO recover
Beck's equity in the $1,000 shares OF I
Bullion Beck stock and he will inter-
vene in the suit of Beck VS.. the Pa
cific Lumber company. His remunera-
ton, as fixed By law, is per cent on /
the first $1,000 he pays out, 2 per cent 4
on the second and l per cent on every
thing over that. AS the debts amount
TO SS2S.000, he VIII, if he clears up the
whole estate, receive s.. AGE for his serv-
ices.
Referees Decision Sustained.
The action of the referee in stating
that Theodore Schroeder's claim /
against John Beck for $40 $50 was not
proveable was yesterday affirmed by
Judge Marshall. The reason assigned
was that there was no liquidation of
the debt in accordance with the bank
ruptcy account. This was merely an
irregularity in proceedings on the part
of Schroeder, who was Instructed to
conform his claim to the specified legal