The Birmingham age-herald., 1903-08-08
ATTORNEY MAKES
 SHORT STATEMENT MT. BeaIe Looking Into Sou. Car and Foundry Affairs GILLESPIE COMES MONDAY Former Treasurer 6rockway Gives Out a Statement In Which He Explains
 Captain Elllott's Position in
 Reeeivership Matter.
COMES MONDAY

Reoeivership Matter.
 Interest in the Southern Car and Foun- dry companys affairs was revived yester- day by the coming of J. H. Beale of Pittsburg. attorney for the Standard Steel Car company and other large creditors. The interest will be still further increased by the arrival on Monday next of Thomas A Gillespie, the receiver first appointed by Judge Kirkpatrick in New Jersey
 When seen by a reporter for the Age Herald last night Mr. Beale in answer to a question as to what prospect there was of an early resumption of work in the Alabama plants of the Southern. Car and Foundry company said:
 hen Judge Kirkpatrick first ap- pointed MT. Gillespie receiver in New Jersey the order making the appointment provided for a continuance of the work, and Mr. Duncan. the general manager of the company, was instructed by tele- graph to continue the work in the shops. That, I think, shows our good faith in the matter
 Creditors Interfere.
 'T will say that we have been greatly interefered with by some of the smaller creditors by the filing of attachment suits and proceedings in bankruptcy. We represent most of the larger unsecured creditors. We have been so hampered by these proceedings that we have not yet been able to secure possession, al- though we have at last obtained the books, papers and records of the com pany"
 When asked as to whether the two re- and Thomas G. Bush, were working in accord, he answered Tn most thorough accord"
 While MT. Beale did not make any fur ther statement the impression gathered was that there might be some develop ments of an encouraging nature in the near future.
 Broadway Makes Statement.
 w. G. Broadway, former treasurer of the company arrived from Gadsden last night about 12 o'clock and gave out the following statement:
 "Referring to the article appearing in your paper of today that the Southern Car and Foundry company's troubles cul- minated yesterday in the resignation of Captain Elliott as reeeiyef of the com pany, beg leave to state that in my opinion Colonel Bush's petition and Judge Jones' order in no way interferred with the operation of the plants or had any thing to do whatever with Captain El- llott's resignation. The legal proceed ings referred to in Captain Elliotts resig- nation and given by him as the cause of 1t, are well known to those who have kept up with the affairs of the Southern Car and Foundry company. The compli- cations are brought about by receivers being appointed in New Jersey, Tennessee and Alabama, and the legal proceedings filed thereafter and after Captain El- liotts appointment, further complicated matters, so that the operation of the plants could not be resumed in the near future.
 'The article above referred to would unfairly make 1t appear that Capt. El- liot and myself had interferred with and delayed Col. Bush in getting information from the books of the company that would enable him to ascertain the con- ton of the company and it's liabilities The only books from which this informa- ton could be obtained were and are in the hands of the auditor of the company at Aniston, Ala, where the general of fees are located and the only books in my department was the cash book and papers relating thereto. l was holding this book and these papers in my pos session under an order from Judge Jones as published and when l asked Capt. Elliot after he had been appointed one of the receivers about delivering the books in my possession under an order signed by Col Bush and MT. Gillespie, bv MT. Gillespie's attorney, MT. Beale, he told me to await order signed by all of the receivers or an order from Judge Jones. This advice in no way delayed Col. Bush from getting the information he wanted, for the fact is he had already appointed MT. Graves former auditor of the Southern Car and Foundry company in whose possession were the books of the company, as auditor of the receivers, and besides, Col. Bush had two other auditors at Anniston examining the books of the company on Monday, August Srd, the day before Judge Jones granted the order on Tuesday, August 4th, so that the books which I held did not in any way prevent his making the examina- ton of the books of the company, from which he could get the information which he states was necessary for him to have in order to find out the condi- ton of the company. One of these audi tors. MT. Rosson, was formerly employ ed by Col Bush, and the other, MT. Lynn, was formeiy employed by the Standard Steel Car company, and others represented now by MT Gillepsie. re- ceiver, who, for about three weeks dur ing the month of May, made thorough examination of the books of the company and a complete statement of the affairs of the company was made up to June 1st by MT. Lynn, a copy of which is in my possession.