The Indianapolis journal., 1903-03-13
Statements to the Effect that ID. A.
Sachs, of Louisville, IL n States
Rights Exponent.
wATTs's AND sACHs's BROTHERS
THEY TESTIFY IN FEDERAL COURT
IN DEFENDANTS BEHALF.
Three Drinks Each at a Conference
i'm Cafe-MOre New Albany
Witnesses SubpOenaed.

The difference between a cafe and saloon
was one of the questions that seemed to be
at issue for time in the contempt proceed
iDgs between w. w. Watts and D. A.
Sachs, Louisville. attorney, in the United
States Court yesterday. 1t appears from
the evidence that there is a cafe or saloon
in New Albany that is a popular resort 1t
was here that Judge Utz, of the Floyd Cir
cult Court, and the defendants in the case
met occasionally.
Another feature Of yesterdays proceed
ings related to a conversation in regard to
calling out the state militia to protect the
rights of the State as against the authority
of the Federal Court. A smile went over
the faces of some Of the auditors when 1t
was related how d. A. Sachs talked of the
militia and of States rights"
Early in the session yesterday morning
the judges who came up from Louisville to
testify as to the good character of the de-
fendants were heard. In this connection
District Attorney Healing explained that
no charges had been made against the
character of the defendants. The Louis
vile party included Judges Sterling s.
Toney, Shackelford Miller, Emmett Field
Thomas Gordon and Upton Muir. of the
Circuit Court, and George w. Du Relle
former Judge of the Court of Appeals
After this testimony d. A. Sachs was put
on the stand and was kept there all MORN
ing. He testified that he had nothing to do
with causing the appointment of Mr.. Kelso
as receiver He said his advice to Judge
Utz not to interfere with the receiver ap-
pointed in the United States Court was an
that he had good sheriff and good posse
and was determined to regain possession Of
the property of the NJ. Zier concern. He
declared that he all along advised that the
property should not be taken from the fed
eral or bankruptcy receiver. He thought
that further steps in the matter should be
taken through the medium of an interven-
ing petition in the Federal Court. He ex-
planned that he signed a petition asking
that the New Albany Trust Company be re-
moved as receiver, under the impression
that it was to be used as an intervening Pc
tition in the United States Court. 1t is con-
sidered that the petition alluded to was re-
sponsible for the steps taken later that led
to the appointment of Kelso, who Is now in
jail for contempt of court as receiver.
DEFENDANTS BROTHER TESTIFIES
At the opening of the afternoon session
John Richard Watts. a brother of the de-
fendant, w. w. Watts, was put on the
stand to testify in his brothers. behalf He
recalled an occasion on Feb. g. when he
asked d. A Sachs and Charles Kelso
whether or not his brother had ever done
anything toward getting this property In
the hands of the state court and away
from the federal receiver. He said they
replied that his brother had not. He put
the same question to Judge Utz, he said,
and the latter gave the same reply Wit
ness said he asked Kelso and Sachs to give
an affidavit TO this effect. Witness told
of a time when they were talking of the
contempt proceedings, when Judge Utz said
he had some money in court that would
pay the expenses in the case. Kelso said
he would have to have a lawyer. and said
he would telephone Ferdinand Winter
Judge Utz asked rs he a Republican or
Democrat?" Kelso replied: THAT doesn't
matter, he was in the water-works case
with Noble Butler" Utz said: "Oh, IL that's
the case he's the man We want to get. Go
and telephone him..
District Attorney Healing pressed the
witness closely in cross-examination, as
there were a number of details he could
not remember He said he knew very lit
tle about the case because ne and his
brother. although law partners. carried on
their business separately. The witness was
inclined to do a good deal OF explaining.
but the district attorney objected and
take all day to listen to explanations. The
witness spoke of his brother coming to In
dianapolis to see Judge Anderson regarding
the condtot OF receivers. Il understood"