Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-30

MIR. Waggaman. had not seen the latter to-
day up to late hour. According to Mr..
mans assets and liabilities in course of
preparation will not be completed this at
ternoon.
Mr.. Waggaman's Answer to Rule.
The answer of Thomas f. Waggaman to
the rule to SHOW cause issued in The
Gardiner equity case filed last Friday, was
made today. through Attorney Irving Will
hanson. 1t follows:
1T is true that the compliments hold The
notes referred TO in the bill of complaint,
and respondent will answer the bill in full
as soon as possible. making full discovery
as required. but has found 1t impossible in
the time allowed. to do more than answer
the rule to show cause. and while he be-
lieveS that the amounts due the complaint
ants are correctly stated according to his
present informant ton Anita b. Sims Dor
rowed $500 from the respondent on The
Iiote held by her
Further answering, respondent says that
the face of the notes embraced in list NJ
]. aggregate about 81 300 and including
the compliments there are other persons
who are secured on list No. in about The
same amount. 81 300, and the complainauts
Fave no superior rights, equity or claim to
list No. l. or lien thereon, to the other per-
sons who have the same common security
August % a petition in bankruptcy was
fIed against respondent, and rule to show
cause issued. returnable September g. Ey
this proceeding. as respondent Is advised
and AYERS. the bankrupt court acquired
jurisdiction of respondents estate. and as
his answer must necessarily show inability
tC make present payment of his debts j!
Is probable that adjudication in bankruptcy
Will follow. and in due course a trustee
VIII be elected, as provided by law.
Regarded as Unnecessary.
ITO appoint receiver in this cause is
moo tha
No are not in any manner in jeopardy,
and the only result of the appointment of
receiver would be to bring about useless
costs and possible claims for commissions
In a large amount. to be followed iney-
ltaDly by the delivery by such receiver to
the trustee IN bankruptcy when appointed;
for respondent submits to the court that 1t
VIII not permit double administration or
administration of one part of his estate in
this cause and the bulk of il in the bank
ruptcy proceeding, thus involving conflict
Of jurisdiction and multiplicity of suits to
determine priority and liens all of which
can be done with great dispatch in the
bankruptcy cause by means of the pro-
cedure therein provided by law
And respondent AYERS that it is not only
TO the interest of his creditors, but to his
interest that economy of administration be
enforced and useless litigation avoided and
ne further says that-there Is no right which
the compliments can enforce in this cause
which they cannot obtain in the bank
ruptcy proceeding and they have no reason
To apprehend any loss or danger by being
postponed for the short time which must
elapse before trustee in bankruptcy is
appointed.
And respondent further AYERS that a pc
titlon. at his suggestion. has been filed in
the bankruptcy cause asking for the ap-
pointment of d receiver, and If q receiver is
to be appointed. 1t will be much more
economical. more to the interest of all con-
cerned and proper respect to the court
ct hot tha r,i,,t
ment be made in the bankruptcy case
And respondent, the circumstances con-
sidered. prays the court to discharge the
rule 50 far as the appointment of a receiver
is concerned.
Permission to Intervene
Justice Stafford today granted permission
to r. H c. Bowie, Mrs b. II. c. Bowie
William l. Bowie, r. Irving Bowie and W.
Beall Bowie to file an intervening petition
In connection with the equity suit filed last
Friday by NJ. Agnes Gardiner and others
against Thomas E. Waggaman and others
The intervenors say they placed a total of
SlI IA 6 in Mr.. Waggaman's hands for
investment. They ask for discovery and
that Mr.. Waggaman be removed as trus-
tee. so Tar as their funds and notes are
concerned.
Ihe lntervenors. who are represented by
Attorneys c. III. Merillat w. E. Ambrose
and j. X. Roberts. are residents of Prince
6eorges county, Md. 1t is set forth that
the parties suing, having every confidence
In Mr. Waggaman. at various times lent
MIN large sums of money for investment
on real estate security II being stated as
tfeir understanding that the moneys would
be invested in properties of other persons
than Mr.. Waggaman. They add that they
cid not know until recently that their
money had beel placed to large extent at
least in Mr.. Waggaman's own properties
and they ask that he be considered their
trustee as to all the properties and notes in
the several lists on which their money was
placed 1t Is pointed out that one new fea-
ture of the petition Is that II also asks the
court to name parties defendant to the
cause besides the principal defendant vari-
Gus parties to notes which were given the
con plainants security for their trust
money, these parties named in the petit
ton being Cecilia NJ. Coughlin M F. Riley
James r Nicholson. w. Seymour Mcleod
and A. c. Yonsen.
The Sums Invested.
Continuing the court is informed that at
various times from 1894 to the present year
the parties invested sums of money as fol-
lows with Mr.. Waggaman and on the Sc
curity of deeds of trust notes on deeds of
trust duly recorded: b. III. c. Bowie. 81
1857 and S,.123 ID: Mrs. b. II. C. Bowie.
SJo. lilo 500. 81 90 and further sum
OF $1,000. William |. Bowie $;23.62: r. Irv-
ing Bowie. 5000 and $3.50 and 81 800. be-
sides sil2 as guardian of the estate of his
two children. II. Addison and Edmund e.
BE vile and w. Beall Bowie, certain sums
which were partly drawn against until now
there is a balance remaining of about SEQ.
Some OF these notes. according to the
petition We're secured by what was known
as the Nicholson list u notes, letter d.
others by "A list of thirty-eight notes aggre-
eating 81 1880. but that these notes ha,-
ing been paid IL part without notice to the
petitioners. their claims were secured by
substituting list of notes No. 1. 1t is de-
clared that default has occurred in the
payment OF interest on some of the notes
and that therefore, by reason of this de-
fault, the petitioners are entitled To have