The Montgomery advertiser., 1904-05-07
TREACHERY TO SULLY
Continued from Page one.)

k-- could meet the o'clock margin call. The market had varied only Is or 20 points when Sully went to see Hawley at o'clock. Six thousand dollars in addition to what the firm had in coi- lateral was needed and Hawley was so informed.
 He said he was very sorry: he said he did not have the money" said the witness. "He said he had not heard from Ray"
 During the afternoon Sully said he received a letter from Hawiey enclos- ing $s2.42o as the latter's share of one- third of 90,700 bales This letter came about or o'clock, but in the mean time sully had sent notice to the cot ton exchange that he could not m.et his engagements.
 Sally said he next saw Hawiey and Ray that evening. My attorney had surrendered the idea of an assignee" said Suliy. ''The attorney, Franklin M. Cutcheon had been In communication with Hawley by telephone and the lat ter had suggested Ray as assignee. We met in Mir. Hawley's rooms in 57th Street. did not know the appoint ment of an assignee was virtually a declaration of bankruptcy or would not have considered it." j. a
 He declared that nothing was said about the joint affairs at that meet ing. and denied that any offer ever was made either by himself or his firm to charge off any liability that stood against, Ray if he would participate in furnishing some of the capital needed. The witness said he and Ray alone were in joint account Number S." The regular joint three account" in which Hawley was interested, was reported daily by telephone to Ray and in writ ing to Hawley..
 Tn reply to a series of questions from Attorney Jenkins, MT. Sully said that when his firm began business in 1903 he thought 1t would be a great moral and financial help to have a man like Hawley associated with him. He had had advice from Hawley early in the year and had given him $i25,000. Af- ter he had resumed his new sully and Company partnership in August he went to Hawley's home in Babylon and asked him to become interested in the firm.
 Agreement With Hawley.
 "He said he did not want his name to be known, but consented to having an interest" continued Sully. He was to put In no capital, but was to have 25 per cent as his share. I drew up an agreement-not an agreement on his part, but a letter which I signed. It simply read that he was to have 25 per cent of the profits of D. J. Sully & Go. for one year from August l, 1903. @
 Waiter S. Crandall, a relative of Hawley, was known as member of the firm. He had no interest because his relatives objected, but his name was used with his consent In January Hawley wanted another written agree ment. No new agreement was made, however. He did not ask for an ac- counting about the firms and my owa financial affairs. Before I went abroad last summer gave MT. Hawley $125,0o0. In September of last year he conducted the sale of about s6Oo,ooo in securities for Mrs Sully."
 Sully was on the stand about two and one-half hours. He had no papers to refresh his memory. The examination was adjourned to next Friday.
 At the conclusion of the Sully exam ination, the attorneys for Hawley were told by Judge Holt that they would be given plenty of opportunity to appeal from the decision of the judge to ter minate the stay in the proceedings pre- viously obtained by Hawley's counsel. Meanwhile. Hawley is ordered to stay within the jurisdiction of the court and sign his testimony.