The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-12
A United States Marshal Was Unable
to Locate Him Because 'His Legs
Gave Way Under Him."
CONFERENCES IN THE CAFE
PARTIES INVOLVED IN THE CON-
TROvERsY OFTEN MET THERE.
Why Charles l.. Jewett Paid to Re.
ceiver Over S9,OOO-Watts's Stren-
nous Denials.

The chief interest yesterday in the con-
tempt cases on trial before Judge Anderson.
of the United States District Court, In
which w. w. Watts and d. A. Sachs, of
Louisville, are defendants. was in the testi-
mony of Attorney Watts, who was on the
stand for several hours. The fact that
Charles L. Jewett has paid to Frederick
Connor, federal receiver appointed for M.
Zier & Co., his personal check for $9.065.2 20,
in accordance with his written promise. has
lent new interest to the case. This money
is to make good funds paid out of the Zier
assets at the request of Michael Zier.
In his testimony yesterday Watts ex-
planned how it was that United States
marshal was unable to find him to serve a
summons on him in Louisville He told
how a great weakness had come to him on
Thursday of that particular week, and his
legs gave way under him. When the dep
uty marshal was looking for him to serve
summons on him on account of the con-
tempt proceedings he was i'll In bed in his
hotel in Louisville, he SAID. The witness
declared that he mad no participation in the
removal of the New Albany Trust Company
as receiver for M. Zier & Co. On the con-
trary. he said he had always advised that
the federal receiver be allowed to have the
property.
1t was brought out that numerous confer
ences were held by the gentlemen inter-
ested In the NJ. Zer q Co.'S affairs at
cafe in New Albany. 1t seems that at most
of these conferences Judge Utz and Messrs.
Watts and Sachs were present Mr.. Watts
on the witness stand told of occasions when
Mr.. Kelso, one of the receivers appointed
by Judge Utz, was present. but the witness
paid him the compliment of declaring that
Kelso declined to take a drink. The wit
ness told of two afternoons that were spent
at this cafe in which they discussed this
litigation.
HAD BEEN IN INDIANAPOLIS
Watts had been in Indianapolis before
Judge Anderson to try to convince him that
a receiver by the local court could best ad-
minister the affairs of the insolvent con-
Germ, and Utz and Kelso were anxious to
know what he had promised Judge Ander-
son he would do. The witness told of an
occasion when his brother put the question
squarely 10 Judge UtZ and asked the latter
whether or not the witness had anything to
do with keeping the property in the hands
OF the state court instead of letting the
federal receiver have it, Utz the witness
said. replied that he had nothing to do
with ii.
When the contempt proceedings were
brought other conferences were held and
Kelso. the receiver appointed by Judge Utz
and the man who Is now In jail, said he
was going TO get lawyer in Indianapolis
to defend him. He said he would employ
Ferdinand Winter. The witness said a dis
cussion then arose as to whether Mr.. Win
ter was Democrat or Republican. Kel-
so said ii made no difference, that Winter
was connected with the water works ltiga-
ton and he proposed to get him. Kelso
went TO the telephone and called up Mr..
Winter. but found that he could not get
him and had to employ some one else. Mr..
Watts said that Kelso advised him not to
come to Indianapolis voluntarily, and Judge
Utz gave him the same advice. Witness
said that in a conversation with Attorney
| Hester, Kelso remarked: Watts Is the man
Judge Anderson Is after"
THAT gave me considerable shock" !"
| said the witness Judge Utz said to me,
| Il don't think you ought to go.' But my
| brother said in his opinion 1 should go. and
went home with him with a trip to In
| dianapolis the following day in view. Next
morning l could not use my leg. AT the
| time l was on the verge of nervous pros
| tration and / am now"
AN EMPHATIC DECLARATION.
| Mr. Watts declared emphatically that at
| no time did he try TO prevent the turning
over of the property OF the concern to the
receiver in bankruptcy. He said that he
| In no way aided or abetted the appoints
ment of kelso receiver. He said Mr..
Sachs, In discussing the litigation down