The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-09-13
Declares Transfer of Title
Was Not Bank
ruptcy.
CROWD OF SPECTATORS
Defendant Files Answer to
Petition of M. Agnes
Gardiner.

Interest in the settlement Of the af-
fairs of Thomas f. Waggaman. alleged
TO be bankrupt, is steadily increasing
When the hearing on the application Of
three local banks TO adjudge him a bank
rupt was resumed this morning Equity
Court No. 1 was crowded every seat
was occupied and large number of
persons, lawyers. and creditors were
compelled TO stand
The large increase in the attendance,
however, was in a great measure due
10 the fact that it was known that
Charles ]. Bonaparte, of Baltimore
would continue his argument in behalf
OF the Catholic University. which con-
tends that waggaman did not make it
a preferred creditor in the making Of n
certain deed of trust.
May Consolidate Motions.
When the court convened Justice An
derson, who is presiding at the hearing.
said he would entertain a motion IL con-
solidate the several bankruptcy proceed
ings pending against Waggaman. He
did not say he would grant such a mo-
ton. but merely made the suggestion
that it may be considered by counsel
representing the different interests in
issue.
1t was 11:2O O'Clock when Mr.. Bona
parte resumed his argument, which he
commenced yesterday afternoon. He ar
gued that Waggaman did not make the
Catholic University a preferred creditor
when he gave IL a deed of trust as ad-
ditiOnal security for the funds Of the
tentiOn TO make the university a pre-
ferred creditor, he said, nor was II un-
derstOod or believed by the university
that ii was being given a preference
over other creditors.
In fact. he argued. the Catholic Uni
yeTsity is the equitable owner Of the
property covered BY the trust referred
TO, and was merely taking title TO its
own property when the trust was given.
Mr.. BOnaparte concluded his argument
at 1890. at which time a recess was
taken until 1:15 p. m.
The Discussion Resumed.
When the court convened after recess
the argument on behalf Of the Catholic
University was taken up by George T.
Hamilton, OF Hamilton & Colbert. also
or counsel for the institution.
Waggaman, through his counsel, lTv.
ing Williamson. yesterday afternoon
filed his answer 70 the petition OF "A
Agnes Gardiner, who also filed petition
asking that he be adjudged a bankrupt
Mr.. Waggaman suggests that II the
court deem II wise to appoint a receiver
| for List OF Notes No. l, involved in tn,
equity proceedings or for his whole es
| tate. a trust company in the Distric
could best administer his affairs. Sucf
a course, he contends, will avoid un
! necessary suits and the attending costs
| Because of the impending litigatiOnl
which he says make il impossible foi
him TO change the status Of his rea
! estate he says the appointment of n re
ceiver for that part of his estate is eH
tiTely unnecessary.
| In connection with the petition of tn,
Columbia National Bank and othe
| appointment OF a receiver for the es
| tate OF WaBgaman. Justice Anderson ha
] fixed September 3 inst. as the date WheI
he shall show cause why "A receive
| shall not be appointed
Another Suit Entered.
| In connection with the proceedings +
| the Waggaman case a suit today va
! entered in the Supreme Court OF IN
District by r. Irving Bowie against &c
/ ella NJ COughlin, Samuel Z Allen. 1r
! Thomas r. Waggaman, and John "
| Pilling seeking 10 remove Messrs Was
! gaman and Pilling as trustees, and {
! foreclose for default in payment Of In
terest on a deed Of trust note. a deed G
trust given on lot Il in square q Of tn
city Of Washington, the lot being on J
I Street near Twenty-fourth.
The bill Of complainant which was nle
by Messrs. Charles II. Merillat, williar
f. Ambrose, and Joseph X. Roberts a
attorneys for the complainant. state
| that I'm 1897 Mr.. Bowie having money I
! invest and having confidence in ThOma