The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-03-27
HAWLEY and RAY
BACK OF SULLY
so 1T is NOW CHARGED.
CLAIMED THAT THEY ARE EQUAL
~ RESPONSIBLE.

HawIey and Ray Declare They Had :
other Relations with suIIy
Than Those of Customer and
Broker-Were Not i'm a Bull Coal
itiOn with Him-SuIIy's Counsel,
on the other Hand, Declares That
They Were Partners with suIly.
New York, March 26.-Daniel ]. Sui
ly, the Jailed cotton Spectator, an
nounced to-day that acting on the adj
vice of a friend he had secured per-
sonal counsel to whom the prosecution
of suit against Edwin Hawley
could not be in any sense distasteful.
John r. DosPassos is the attorney Sc
lected by Mr. Sully.
Edwin Hawley is president of the
Iowa Central and Minneapolis and ST.
Louis railroads and is one of the capt.
talists whose names have been mem
toned recently as the hackers of the
Sully bull campaign. Mr.. Sully gave
out formal statement setting forth
| his reasons for securing personal coun-
sell Mr.. Hawley also gave out a state
ment in which he declared that no re-
lation existed between himself and Mr.
Sully's firm, other than those of Gus
toner and broker.
What sulIy Says.
Mr.. Sully's statement reads as fol-
lows:
Previous to my suspension Mr..
Cutcheon of Hornblower, Byrne, Miller
& Cutcheon had at various times since
| had been doing business in New
| YORK acted for me in several legal
| matters. l know that he and his firm
had also acted in various matters for
| Mr.. Hawley. When l suspended l con-
suited with Mr.. Cutcheon. He had no
knowledge at that time Of any pos
sible conflict between the interests of
Mr.. Hawley and myself When it ap-
peared that there might be such a con-
| fiict he asked to be released from act
ing Tor my firm or me, and l insist
ed on his remaining as our legal adj
wiser, and after consulting his part
ners and in view of the exigencies of
my situation, he consented to do so.
Neither he nor his firm has ever acted
for MT. Hawley in connection with any
OF the matters over which conflict
may arise, nor been under any general
retainer by Mr.. Hawley or his inter-
ests, and there was no reason why
they should not act for me.
Il am perfectly satisfied that their
entire action has been with q view
solely to the interests of myself and
my firm and my creditors.
"A friend whose advice / feel it
| wise to accept has, however, suggest
ed that / employ in addition to Horn
blower, Byrne, Miller & Cutcheon other
personal counsel, to whom the prose-
cution of a suit against Mr.. Hawley
| could not be in any sense distasteful."
HnwIey and Ray Deny IL.
Mr.. Hawleys statement is as fol-
lows:
"No relations existed between Mr..
Sully's firm and myself other than
those of customer and broker. The cot
ton held for my account by the firm
which had originally purchased IL was
disposed Of by my direction through
that firm as business transaction
without any collateral condition or con-
sideration whatever. The account
was therefore adjusted. liquidated and
closed out. l exercised my judgment
as to the sale precisely as l had done
as to the purchase. Any suggestion to
the contrary is without foundation of
fact. | make this statement with
reluctance, and only at the suggestion
of some friends of mine who have
urged me in this instance to depart
from the course of silence and indiffer-
ence with which I should otherwise
have treated the publication
brief statement was made by Mr..
Frank H. Ray, in which he said that
Mr.. Hawley's statement applied also
to his (Ray's) case.
Says They Are Liable.
John r. DosPassos, who has been
retained for the firm of Daniel ]. Sully
| e. Co., gave out the following state
| ment this afternoon.
II have had several hours conversa-
| wifi n Witnesses
confess to being perfectly amazed at
the situation disclosed. The failure of
Mr.. Suly, IL the facts which he and
his witnesses have impaired to US are
| correct, was entirely unnecessary and
brought about by direct breach OF
agreement between himself and Messrs.
Hawley and Ray. According to the
| evidence presented, they were partners
| in fact and in law, and were con-
sequently as much interested as Mr..
Sully in protecting the interests which
they were carrying together.
| mr. Sully claims, instead of adj
vancng the money which they agreed
to, they shuffled off and evaded their
| responsibility by ambiguous responses
until il was too late for Mr.. Sully 20
resist the tide which sw=pt through the
cotton market and temporarily engulf-
| ed II.
Mr. Sully, acting under our advice,
has placed himself in close connection
with his creditors and proposes to CO.
| operate with them in compelling Haw-
ley and Ray to pay all money which
they are liable for under the circum-
stances disclosed to us.
MIR. Suly does not ask for any al
minution in any indebtedness which he
is responsible for, in fact he is willing
! to assume liabilities which we have
advised him he is not bound to meet
We hope that the creditors will make
some reasonable arrangements with
Mr.. Sully and restore him TO a posi-
ton where he can act without a load
upon his shoulders, such as created
by proceedings In involuntary bank
ruptcy."