The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-13

plants, and that the first suggestion to
them came from Mr.. Witham.
He came to these respondents with
the reputation of a great and success
full financier. a man of high moral
character, a leading banker and a sue
cessful mill man with much experience,
and when to this was added the fact
of his connection as a stakeholder in
the complainant company, which had
among its officers and directors such
prominent and leading financiers as
Mills B. Lane, b. A. Denmark, George
W. Tiedeman and others, the confidence
of these respondents was consider
ably strengthened and practically con-
firmed in his ability as a leader in this
new enterprise. They cheerfully fol-
lowed him as their Moses, who was to
lead them to the land of promise
Astounding in all the riches and pros
perities of manufacturing centers, and
it was due to this confidence, strength
ened as it was by his connection with
the complainant corporation, that these
respondents not only assisted in elect
ing said w. S. Witham as a director
in said Millen Cotton Mills, but made
him the financial and purchasing agent
for said company, and yielded to him
power over the affairs and destinies
of the company which was largely con-
trolling In the beginning the said W.
S. Whitman was wiser and possessed of
more prophetic vision as to the future
scope. purposes and plans of said Mil
len Cotton Mills than any or all of
these respondents.
1t is charged that the issue of $40,
900 bonds, to which particular objec-
ton was made by the complainant
was originated by w. S. Witham and
that the whole plan and scheme was
urged md carried through by him. At
the stockholders meeting he voted, in
favor of the bond issue, the stock of
the complainant company.
All charges of bad faith, collision
with creditors or prospective creditors
or intentional mismanagement or
waste are denied in the answer. The
respondents continue:
THAT these respondents not being
men of means, could ill afford to lose
the amount of money represented by
their stock and believe and charge that
they have been deceived, misled and
caused this apparent great loss
through the fundamentally bad lead
ership and acknowledgement of the
said defendant, w. S. Witham, the rep
resentative of said complainant cor
poration among the stockholders and
on the board of directors of said Mil
Ter Cotton Mills
In fact all the company's misfor-
tunes are charged to Mr.. Witham, and
it is said that any complaint as to the
result of his actions comes with poor
grace from the lips of those who
placed him in a position of power,
trust and responsibility with the COM
pany.
A score of lawyers were present in
the court room to argue the conflicting
inter SITS of their various clients ana
a half dozen talks were made. At the
conclusion of the arguments Judge
Speer exhorted counsel to get together
and endeavor to reach compromise,
reminding them that more than $751;,
900 had already been sunk in the cree
ton of the plant that there was in
addition about $780, of outstanding
indebtedness and that large numbers
of persons, including women and chill
dren, were interested in the safe con-,
seryation and wise distribution of the
funds.
An attempt was made during the en-
tire afternoon to follow the advice of
the court, but there was never time
at which there seemed to be the posi-
bility of an agreement-the interests
were too conflicting. and at the con-
clusion of the conference the parties
were not nearer an agreement among
themselves than they had been when
it begun. There seems no probability
that an amicable compromise of differ
ences will be made.
The property is now in the hands of
John R. l.. Smith, the temporary re-
ceiver appointed by the court upon the
application of certain of the creditors.
The cotton mill itself has never been
operated, but an electric light plant.
that forms a part of it, has been and
is being run.