The Savannah morning news., 1902-10-30
NOT A CASE OF CONTEMPT.
Judge Lumpkin's order Against Mr..
r. Aston Warning.

Judge Lumpkin's order Against Mr..
r. Aston Warning.
In a telephone message from Atlanta
yesterday, Maj. J. Ferris Cam is au-
thority- for the statement that Mr.. p.
Aston Waring has never been ruled for
contempt, as reported in dispatches
from Atlanta, and as published in that
city.
The order passed by Judge Lumpkin,
requiring Mr. Warning to appear before
him on Nov. 6, had its origin in the lit
igation which is now pending between
Mr.. Warning and others, against the
Equitable Loan and Security of Allan
ia, in which the plaintiffs allege insol-
vency and ask the appointment of a re-
ceiver
The dispatch from Atlanta stated, as
did accounts printed in one of the At
1anta papers, that Mr.. Warning had
been ordered by Judge Lumpkin to
show cause why he should not be at
tached for contempt inasmuch as the
books of the company, which had been
turned over to the court for specific
purposes relative to the case, had been
used by the plaintiff in securing the
names of certificate holders of the COM
pany. 1t was further ordered that no
more of the circulars be sent out.
This account Maj. Cam says is not
only misleading but untrue. The facts
of the case are. he says, that Judge
Lumpkin ordered Mr.. Warning to show
cause before him why he should not
surrender to the court the list of Sc
curity holders which he has in his pos
session, and which are alleged to have
been gotten from the company's books,
which had been introduced as evil
dence.
Mr.. Warning did not deny that the
names of security holders were got
from the books of the company i'm
pounded in court. Rather, he said
that there was nothing illegal in the
procuration of the names. The books
had been introduced as evidence, they
became part of the record of the court,
and they were part of the public record
to which any one had access.
The question to be determined by the
court is whether the defendant is a
solvent corporation or an insolvent one
Some sensational testimony has been
adduced to prove the mismanagement
and insolvency of the company. The
addresses obtained by the plaintiffs
were got for the ostensible purpose of
mailing to security holders a state
ment of the charges made by the
plaintiffs the company having pre-
viously sent out circulars to the effect
that it was amply solvent, and had
been managed with rare skill and hon.
esty. 1t was TO meet the alleged mis-
representations contained in this cir
cular that the plaintiffs issued their
circular.
The case is still pending. Yester-
day the company began the introduce
ton of its testimony, purporting to
prove the solvency of the company. 1t
is probable that the case will not be
finished until the last of the week
Through counsel Mr.. Waring filed an
answer in Atlanta yesterday stating
that he was forced to send out the cir
culars because of the fact that b. M.
Woolley who sympathizes with the de-
tense, has sent out similar circulars al
leging that he and his associates were
trying to wreck the company MIR.
Warning further states that he was led
to send out the circulars because of
certain facts in his possession which
convinced him that the company's
scheme was fraudulent. Mr.. Warning
says he never had any idea of violating
any order of court. and that he has not
done so. He submits that the state
ments contained in his circular are true
and have never been denied by the
defense. Mr.. Waring says he has re-
ceived many replies from certificate
holders fully eorroborating his views
of the situation.