The Montgomery advertiser., 1904-03-27
|SUaY KNIFED BY PARTNERS Big Bull Leader Makes Allegations. EMPLOYS NEW ATTORNEY . Will Not Ask Quarter at Hands
 of Creditors. In Fact, is Willing to Assume Liabilities for Which He is
 Not Compelled by
 Law to Pay.
EMPLOYS NEW ATTORNEY

New York. March 26.-Daniel J. Sully, the failed cotton speculator. said today that acting on the advice of a friend, he had secured personal counsel to whom the prosecution of a suit against Edwin Haw- ley could not be in any sense distaste- full John R, DosPassos Is the attorney selected by MT. Sully. Edwin Hawley Is President of the Iowa Central and the Minneapolis and St. Louis Railroads and Is one of the capitalists whose names have been mentioned recently as the packers of the Sully bull campaign Mr. SulIy gave out a formal statement set- ting forth his reasons for securing per sonal counsel. Mir. Hawley also gave out statement in which he declared that no relations existed between himself and Mr. Sully's firm other than those of cus- toner and broker. MT. Sully's statement reads as follows:
 Previous to my suspension, Mfr. Cutch- con. or Hornblower. Byne, Miller & Pot ter had at various times since I had been doing business in New York, acted for me in several legal matters. I know that he and his comrade also acted in va rious matters for Mir. Hawley. When suspended consulted with MT. Cutcheon. He had no knowledge at that time of any possible conflict between the interests of MT. Hawley and myself.
 Agreed to Act as Attorney.
 When 1t appeared that there might be such conflict. he asked to be released from acting for me or my firm. and I ir- sisted on his remaining as our legal ad- wiser and after consulting his partners. and in view of the exigeneies of my situ- ation, he consented to do so. Neither he nor his firm have ever acted for Mr. Haw- ley in connection with any of the matters over which any conflict may arise nor been under any general retainer by MT. Hawley or his interests. and there was no reason why they should not act for me.
 T am perfectly satisfied that their en- tire action has been with a view solely to the interests of myself and my firm and my creaitors.''
 friend whose advice [ feel Et wise tc accept has, however. suggested that 1 employ in addition to Hornblower. Byrne. Miller and cutcheoti, other personal coun- seI, to whom the prosecution of suit against MT. Hawiey could not be in any sense dlstasteful'
 Mir. Hawiey's statement is as follows:
 Statement by Hawley.
 "No relations existed between Mir sul- ly's firm and myself other than those of customer and broker. The cotton held for my account by the firm which had originally purchased. was disposed to buy my direction through that firm as a bus mess transaction without any collateral condition or consideration whatever. The account was. therefore, adjusted, liquida- ted and closed out. exercised my judg- ment as to the sale precisely as 1 had done as to the purchase Any suggestion to the contrary Is without fact. make this statement with reluctance and only at the suggestion of some friends of miEe who have urged me in this instance to depart from the course of silence and indifference with which should other wise have treated the publication"
 A brief statement was made by Frank H. Ray. in which he said that MT. flaw ley's statement applied also to his (Ray' 8 case.
 John R. DosPassos. who has been re- taIned for the firm of Daniel J. suIly & Company has given out the following statement:
 Amazed at Situation.
 'T have had several hours conversation with MT. Sully and witnesses and I com fess to being perfectly amazed at the sit- uation disclosed. The failure of MT. suIly, If the facts which he and his witt nesses have imparted to us are correct. was entirely unnecessary and brought about by a direct breech of agreement between. himself and Messrs. Hawley and Edgs dIlu lO IAC CNAdGhNS sented they were partners. in fact, and in law, and were consequently as much interested as Mir. Sully in protecting the interests which they were carrying to- gether.
 AS Mir. Sully claims. instead of ad- vancing the money which they agreed to, they shufied off and eyaded their re- sponsibility by ambiguous responses un- til 1t was too late for Mr. Sully to re- sist the tide which swept through the cot- ton market and temporarily engulfed It. Mir. SulIy. acting under our advices, has placed himself in close connection with his creditors and proposes to cooperate with them in compelling Hawley and Ray to pay all money which they are liable for under the circumstances disclosed to us.
 MT. Sully does not ask for any di- intuition in any indebtedness he is re- sponsible for, in fact he ia willing to as- sune liabilities which we have advised him he Is not bound to meet. We hope that the creditors will make some reason able agreement with MT. Sully and re- store to him position where he can act without a load upon his shoulders such as created by proceedings in involuntary bankruptcy"