New-York tribune., 1906-09-25
ASPHALT SECRETS OUT.
rry1EYsIDE ON STAND.
1a,pucr Says Barber Planned to Get
Bermudes Property.


,-,.-ast,ns testimony was given yesterday De-
.sore. Gordon Battle. referee by William
-, -. Ez,Dlevside q lawyer, OF Edinburgh SCOT
- 81 the libel suit for s2RO.Oeo damages
80 bv Arnzi L Barber against the Generai
..-bslt Company. Mr. Battle was appointed by
Trstioe Dowling. on the request OF General aver.
. Andrews vice-president OF the oelehoAn'
-, yrbo declared that Mr.. Kinleyside in
..-sss 20 leave the country and could not be on
- vrssY the case was called fox trial. which
,vl probably be in the winter.
a. barber sued the General Asphalt Company
,...usa the latter in its last annual report
sssreed him with responsibility for the failure
- me trust q few years ago. and also with ell
..-,ng into q conspiracy with President Castro
:, o,rsnezueIa 10 deprive the New York and Ber-
-Tpsez company. subsidiary concern Of the
General Asphalt Company. Of its asphalt lake
a. cuanoco Venezuela, which was seized by
castro in July. 1904. and Of which property Mr.
-s-he-'s partner, Ambrose Howard Garner, Is
receiver
NJ. Knleyside was called TO help substsntiate
,bs conspiracy charge The witness acted for
soroe tine as the plaintiffs attorney, and IN that
,snscitv he said. knew considerable about the
conspiracy against the General Asphalt Com
psny
yahn D. Lindsay appeared yesterday as coun-
sel for the defendant and ". ". Niles repre-
ssltes the plaintiff. General Avery D. Andrews
was also present at the hearing.
In his affidavit TO the court General Andrews
says
an informed and believe that William Young
KinleyEide, whose permanent residence IS IN Eoln-
burFh Scotland, IS s necessary and material wit
ness 70. o M -5s r-sl of ths acton and thai lis
viii Ter =
7 s E-ideIf castro 81 Tenezleis 70 rob ana de-
s9ol the New York and Sermuoez Company or its
re ssid Ktnleyside informed me as follows
ron a5oUi the beginning OF 1888 and throughout
tsg Kinsyside acted as attorney 70. John Gordon
he asphalt business IN Trinidad ana intimately
ssasted with ne plaintiff with whom m ..sIS isG
with the shares OF corporation called the P@n-
IN had been organized under the laws OF pea
ware 10 develop and work valua ble asphalt lands
.stissactory 10 Douglas. Kirleyside came 10 the
United States. arriving IN New YORK on January l,
.sa 70 endesvor 10 arrange an adjustment with
9r gSe course Of several interviews the PLAINTIFF
tod Kineyside that he was engaged in better
sas 81 Nv W Y6-l ana Bernildez Company had rem
Ssre6 aid 70 the Matos revolution IN Venezuela by
ss conrgibiti6n of large sums OF money TO General
Nasos: ihaf when he facts were made known TO
T-ssisent Castro the property OF the New York
~ Be-mudez Company would be taken from it;
"a "a zss S S or Ambrose II Garner one OF the irec-
tors Of the Psn-Arer1ean Company ana formerly
sss BerTaadez Company, to GO to NeneEHeis, see
President tss.Ie, ~-.n ,I gi,oi i a. % On tta - T1oI
srtv tsks possession OF II and continue the opera
bs obtsined meanwhile receiving the Bermudez
ssPhaiI.
Mr. Kinleyside testified that he had come TO
understand. even before Garner vas appointed
as receiver, what the outcome OF the litigation
IN Venezuela against the asphalt trust would be-
J Gordon Douglas II was brought out by Mr..
Yies. wrote letter 70 Ny. Barber. warning him
that there was afoot an effort TO wreck the Pan
American Company, which was being engineered
by Kinleyside The Pan-American Company is
an asphalt company with unworzed property IN
Mexico IN which Barber and Garner are Jointly
interested
The witness explained that he placed his
roWledge OF the alleged conspiracy because ne
hi had a row with Barber. His expenses here
hsaid, were being betrayed by friends. He said
b had also received money from Clyde Brown
rsasurer Of the General Asphalt Company.
In answer to questions by Mr.. Lindsay. the
witness said that he understood that the de-
fsn1ant company paid money toward the insur-
rscion led by General Manuel A. Matos, in
ltneznela Tor the protection Of its property.
Ae ssio also that there mention
O monetarY damages in the suit OF the
tno bermudeZ Company, but that there a
demand ot 100000 made on the company.
me money was not paid, and the property
selzeo In sequestratiOn proceedings.
A alse developed that sorce OF the testimony
t@lereo BY the Venezuelan government was
suppressed. One Of these afTidayits was by Cap
AN Willis. OF the fiibUsJering steamer Ban
hgh
ms steamer. II was said, had heen purchased
p ihe Asphalt Trust, and Captain Willis went
eSen 90 far as TO say that General Francis Vim
uoh Greene, then president if the Asphalt Trust.
vas passenger the Ban Righ
Garner later learned that General Greene was
1ot on The Ban Righ. and he had the affidavit OF
captain Willis suppressed.
NJ Kinleysi6e testified that he saw Barber
Washington who told him, ne said, that any
suoees IN Venezuela VINO opposed the scheme 10
se9rester the BermudeZ asphalt lake would be
deposes
The witness also declared that Barber told him
eaal ne was anxious TO get evidence against the
Ns" York and Bermudez company, sand lay II
ueloEe President Castro.
n me exchange Of stock by J. Gordon Doug
ss with Mr.. Barber. the witness said that the
socE which Mr.. Douglas delivered to Mr. Barber
aS IN other subsidiary companies, and what
~ Douglas received in return stock IN the
sash-American company 10 the amount OF S16O.-
eo The witness said that asphalt stock at the
une had greatly deprecated.