Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-08-26

certain real estate was also asked.
The petition in equity is filed by NJ. Ag-
mes Gardiner. Annita B. Simms, B. S. Boar
| man, Emma L. Burch and ]. Cecilia Burch
| all residents of the state of Maryland, and
| declares that the compliments at various
times placed money in the hands of Mr.
Waggaman for investment and received
| from him various notes representing the
| investments.
The Gardiner Investments.
About February H. 1893. the complainant,
| M. Agnes Gardiner, placed $4,000 for in
vestment, and received note for $4,000,
payable on or before two years, made by
William O'Brien to the order of S. f. Allen,
jr., the note at first purporting to be Sc
cured by certain collateral notes represent
ed, 1t is said, as secured upon various
pieces of property in the District. On the
face of the note, it is claimed, has been
written by some person unknown to the
complainant and at some time unknown to
her, these words: A great portion Of these
securities having been paid, this note is
now secured by list No. L. The note is
Endorsed by Samuel E. Allen, jr., and pur-
ports to be guaranteed by Thomas E. Wag-
gaman.
About October 81. 1894, the same COM
plainant invested $1,000, for which she re-
ceived a no:e foI that amount payable on or
before three years, made by w. S. Mcleod
-
to be secured collateral security by a
list of notes numbered thirty-eight, aggre-
grating S11,I35.55, secured on real estate
| notes. and the 5000 note was Endorsed by
j. b. Nicholson and purporting to be guar
anteed by Mr.. Waggaman.
About July II, 1897, similar investment
of $1,000 was made by the same COM
plainant, who also made two like invest
ments of 5000 each about October %, 1900
and December 20, 1902
A,,;+o c;,,,,,,e, rb,,-r..
The complainant, Annita b. Simms,
charges that she intrusted to Mr.. Wagga-
man $3.50 and received notes similar to
those enumerated above, and the two other
compliments each made similar invest
ments and received similar notes as those
received by the complainant, NJ. Agnes
Gardiner.
The petition after setting forth the above
statement declares that Thomas E. Wagga-
man became as to each of these complain
ants a trustee of the notes referred TO as
''list No. L. and was bound to hold the
notes for the benefit of these compliments,
and that on the informa ton received by the
complafnants August p, 1904, that Mr..
Waggaman had become inSolvent and was
not. in their opinion, a proper person to
act as trustee, caused a demand to be made
on Mr.. Waggamen that he furnish COM
plete list of the notes embraced in the list
No. l. mentioned in their notes with q
statement of the maker, amount of each
note and the property upon which it is Sc
cured, that their attorney have opportu-
nifty of examining the title papers to the
properties involved and also a list of any
outstanding notes, which had been issued
against the notes embraced in list No l.
To this demand, compliments charge, they
received only a verbal response that a
schedule of all notes and of all his affairs
was being prepared for an inventory IN
BANKRUPTCY and the list would not be COM
pleted for several days.
On these representations the petitioners,
by Attorneys Ralston and Siddons, asked
the court to remove Mr.. Waggaman as
trustee, to appoint a receiver to take charge
OF the notes contained in list No. L. with
the title deeds and other securities relating
thereto, and also asked the court to COM
pei a discovery by Mr.. Waggaman of just
what notes made up this list No. L. and
whether there were any outstanding notes
against this list.
Exhibit Attacked.
Attached to the petition as an exhibit is
a copy of the 5000 note received by M.
Agnes Gardiner which reads as follows:
WASHINGTON, D. c., February II, 1893.
ION or before two years after date l
promise to pay to order Of Samuel E. Allen,
jr., 5000 for value received with interest
payable quarterly at g per centum per an
mum until paid, principal and interest pay
able at Office Of Thomas E. Waggaman,
Washington, D. c."
AS collateral security I have deposited
with said Allen. jr, notes as follows: Note
of Benz Bivier for $1,000, dated July 16,
1902, for three years secured on lots As
and 46 block IS, Wesley Heights; note
of Rose Wilson for 81 900, dated Decem-
Der 13, 1892, for one year, secured on lot
80, block Is, LIE Droit Park; note of M V.
and c. w. Bonnell for $500 dated Febru-
airy Z, 1893, for fifteen months, secured on
lots 6S, &c. 1871 1873, square 235: lots SO
and "a, square 100; note of c. E. Banes
for $4,000, dated January 26, 1893 on or
before one year, secured on lots 2 3, 4
and >. square 7, lie DrOit Park; note of
John Fem for $500, dated March 5, 1887,
for five and six years, secured on lot 45,
18th street road; notes of Arthur Briscoe
for $500, dated November 8, 1872. for two
and three years, secured on lot 40, LIE
Droit Park, and notes of M. A. Gillem for
$1365O, dated February 5, 1893, due Oc-
tober IS, 1894, secured on lot 20, square
1S1, and in case this note shall not be
paid at maturity ! hereby give authority
to sell above collateral and apply pro-
ceeds to payment of this note and inter-
est.
I'm case the proceeds of said sale shall
not cover the principal and interest of this
note and the expenses of sale, / hold my
self bound to pay any such deficiency"
The note purports to be signed by Mr.. Wag-
gaman.
Attorney Ralston presented the petition
to Justice Stafford in Equity Court and a
rule to show cause was issued requiring
Mr.. Waggaman to appear in court Tuesday,
prayers of the petition should not be
granted.
What Mr.. Williamson Says.
Mr.. Irving Williamson, attorney for Mr.
Waggaman, was informed of the filing of
the suits above described by a reporter for
The Star. He said they related to tram
sactions which he had not become ac-
quainted with yet, but as far as he
could see. they could not affect the pro-
ceedings now pending, involving the SOL
vency of Mr. Waggaman.
1t was his opinion that if solvency is
proven and the deed of trust to the Catho-
| lie University allowed to stand all other
suits will either fail or be withdrawn and
| matters allowed to readjust themselves.
The belief was generally expressed in finan-
| cial circles today that the Waggaman hold
! ings are ample to meet all demands II time
| is permitted for values to increase, which
can reasonably be expected.
The schedule of assets and liabilities has
not been completed, but two clerks are de-
voting their entire time to this work and
| Mr.. Williamson hopes to have the much
desired information 1t will convey by Mon
day, when Mr.. Waggaman must make an
swer to the application for receivershir
made in the Supreme Court today.
Suits by Banks.