The Montgomery advertiser., 1907-09-05
 MADE IN SUIT Sensational Case Is
 Filed. c0NSPIRAcYBY BY MONTGoMERIAN Robert Nixon Accused of Both Fraud and Forgery. American Express Company Makes se- rious Allegations Against Him, in Connection With Bin for
 Recovery of s4,O1o.5z
 In Drafts.
 
CONSPIRACY BY MONTGOMERIAN

M
 ulent transfers of property, misrepre- sentation and even going so far as to allege forgery. was filed in the office of the Clerk of the City Court in Equity against Robert Nixon one of the most prominent capitalists and business men of Montgomery County. by the Amer lcan Express Company through it's President, James F. Fargo, a descend ant of the founder of the celebrated
 Wells Fargo Express Company
 The bill is sensational in the ex- treme In its allegations and compro- misses business associations of MT, Nixon. and charges that the chief con- spirator deeded certain property to his daughter in an effort to avoid his just obligations.
 The bill Is predicated on a certain transaction in which the express com panX negotiated some drafts for Robert Nixon Company, and is for compara- lively small amount but the filing of thls suit will bring about a legal bat tle' perhaps. which may involve other transactions alleged in the bill of com plalnt to have taken place
 The bill declares that when Mir. Nixon found his financial condition was getting cramped that he drew drafts on the Liverpool branch of his firm, and furnished bills of lading with them. These bfllS of lading. it is alleged
 were falsely executed. and in some in- stances were absolute forgeries
 The total amount of the drafts on which the American Express Company seeks to recover is S4,010.57. These were sixty day papers. and when duly presented in Liverpool were refused payment and were protested, the fees
 being charged to the express company
 Section of the complaint sets out most forcibly the contentious of the eomplainants, alleging that in the sum mer of 1906, Robert Nixon, the most active member in the firm of Robert Nixon Company, "and the member thereof who had control of it's finances. finding that the firm was badly em.
 barrassed and indebted to an amount greatly In excess of ability to pay, ana conceiving a scheme to save him. self as much out of the wreck as pos- sfble, conspired with the Cosmopolitan Bank and Trust Company, Nixon Slave and Lumber Company. and J. L.. Nixon.
 to hinder, delay and defraud" the ex-
 press company and their bona f1de cred itors, and in the accomplishment of the
 scheme on August 25, 1908, Robert Nixon & Company, partnership, exc cuted and delivered to the CosnopoI- | itan Bank and Trust Company q mort gage, copy of which Is attached and made a part of the bill
 This mortgage covers all of the prop erty of the Robert Nixon Company. Another section of the bill makes the
 sensational charge that fraud and even forgery was practiced. The | text of this section follows:
 That in further pursuance of the scheme to defraud, hinder and delay his creditors and save as much for himself out of the wreck as possible
 the said Robert Nixon drew the drafts described, mentioned and set forth in paragraph two of this bill and pretend | ed shipments of slaves or other Ium- ber. and effected pretended insurance | on the same and in order to give said | drafts a semblance of secured paper | and thereby float same in the market l and sell same to your orators, at | tached what purported to be bills of ladlng issued by responsible ship and l transfer lines for slaves and lumber 1 shipped to Europe of equal value to | the amounts of said drafts; but orators aver that said bills of lading were
 fraudulent and in no instance was the l lumber shipped of any substantial val
 ue over and above the transportation l charges and that in one instance the bill Of lading attached to one of the drafts was an absolute forgery, and no slaves or lumber. had been shipped at all in the vessel which purported to
 have issued said bill of lading, and
 notwithstanding the fact that at that time the said Cosmopolitan Bank and Trust Company had full charge of all the affairs of said business that had been conducted in the name of Robert Nixon and Company. it's agents. officers and servants allowed Robert Nixon to issue said drafts and otherwise hold himself out as doing business as Rob- ert Nixon and Company"
 When seen by a representative of l The Advertiser last night, Mir Nixon
 said that he did not know what the bill | of complaint alleged, and did not care | to make a statement until he was fa-
 miliar with the chal ges
 T admit our liability for the drafts, said MT. Nixon. and have always in- tended paying for them Up to the present it has not been convenient for me to do so, as I was pressed in other directions, and made fwhat settlements I could. The action of the express company was little previous in the
 face of the fact that have done every
 thing possible to show my anxiety to make a settlement.
 Any charges that fraudulent bills
 of lading were furnished is unqualified ly false.'
 MT. CassImus VIII sing tonight Good