The Columbus commercial. (Columbus, Miss.) 1893-1922, 1902-12-02
SUING MISSISSIPPI COT
TON OIL COMPANY FOR
s5O,ooo.O0.
Case Excites Unusual In
terest. Other News of
the Court.

who is suing the Mississippi Cot
ton Oil Company for fifty thou
sand dollars for alleged defama-
ton Of character, was begun in
the circuit court at nine O'Clock
Tuesday morning. Judge Sykes,
on account of his relationship to
the plaintiff, is disqualified in the
case, and Judge Cuion Q. Hall,
Of the Second dis rict is presi-
ding. The plaintiili is represent
ed by Col. T. j. O'Ieill and Mes
sers Orr and Harri7n, while the
interests of the Mississippi Cot
ton Oil company are5eing looked
after by Hon. Murra F. Smith,
of Vicksburg, and Hon, q. P.
Landrum, Of this cit.
The jury was soon ecured and
the trial of the case begun by
reading bills and eros bills filed
by both the plaintiff ad the de-
fendant.
The public is familisr With the
circumstances and tnnsactions
W hic h were instrumental in
bringing the suit abut. For
several years prior to December
oath, 1901, the plaintiff was en-
ployed as book keeper md CASH
ier in the local mill of the defen-
dant company, in whichcapacity
he had full access to both the
funds and the books of The con-
cern. While acting in such ca
pacity it is charged that he ap-
propriated twelve hundred dollars
of the company's funds to his in
dividual use, but when he ten
dered his resignation within a
few days thereafter made restitu-
ton of said sum. Some time af-
ter he had left the employof the
company, Mr.. Jno. A. Lewis, an
officer of said company, sent a
telegram from Meridian, which
was read publicly in the senate
chamber in Jackson, stating that
the plaintiff was a defaulter to
the extent of twelve hundred dol
lars. This telegram is the open
declaration on which the suit is
based, and the point in question
seems to be as to whether ornot
the plaintiff overstepped the au-
thority vested in him and viola-
ted the law and the rules of the
company in appropriating the
money to his individual use.
In his plea the plaintiff AYERS
that he was only anticipating his
salary, and that the amount ta-
ken was charged to him in due
and legal form on the books Of
the company, but in answer to
this plea the defendant states that
the plaintiff, in appropriating the
funds, acted absolutely without
authority, and in total disregard
Of all precedent in matters of this
kind, it having been the irrevo-
cable rule of the company not to
allow its employees to draw their
salaries in advance.
The defendant company fur.
ther recites that while in its en-
ploy the plaintiff abstracted GER.
tain valuable papers from the
desk Of the manager of the loca
mill and used them against saiC
corporation when a bill known a:
the anti trust bill, which wa:
pending before the state senate
last January. In answer to thi.
charge the plaintiff admits hav'
ing taken the papers above men
toned, but denies that he USED
them in an endeavor to secure
the passage of the anti trust bill
alluded to above, and AYERS tha
he subsequently returned then
to the said defendant company
which fact is not denied by them
The hearing of evidence was
begun Tuesday afternoon wher
the deposition Of State Senator
r. L. Bradley, of Jackson, te
whom the telegram making the
assertion on which the suit i:
based was sent. At the conclus.
ion of the reading of this deposi-
ton Senator E. F. Noel, of Lex.
ington, was placed upon The