Pine Bluff daily graphic., 1907-08-30
RDTHERF0RD=Y0RK CASE
 WILL END TODAY

not live up to- The company was al- so in debt. That is what prompted him to purchase Samstag's interest after trying to dispose of all his in terests in the company to Sams:sg. George ". Ritchie, confidential friend Of J. F. Rutherford, impaired the credit of the Bluff City Lumber Com pany, he said, by floating various notes, which were signed in blank by officials of the various branch lumber companies of the Bluff City. at the re- quest Of J. F. Rutherford. The Bluff City had out more than $1S9.5oO in loans over his protests, he said. When he and his son, Robert, acquired con- trolling interest they disposed of va- rious lumber yards and other interests as speedily as possible to decrease lia- Utilities, drawing in debts to place company on good financial footing. Managed the business for the good of all stockholders. He spoke of the re- cent sale of tht Bluff City property on West Fourth avenue to the Pine Bluff Light and Water Company, saying that he had chance to sell that company one of his own lots, but thought that the deal benefited the Bluff City and made it for them. Admitted advanc- ing money to the Bastrop Lumber company to give it an opportunity to pay the Bluff City what it owed. De- nied that Harvey York was receiving over 50 cents per thousand feet for selling lumber at Memphis. Grant Lumber Company, owned by the Yorks, was given no advantage over the Bluff City customers. Made no promises to John F. Rutherford. En- couraged him to take hold of the af fairs of the company. He refused. De- cllned to extend him use of money for his various companies, it being his purpose to use our funds for his own selfish interests.
 Rutherford wrote him a letter, say- ing that he was not being consulted and advised with relative to company's affairs and he requested J. B. York to ask the banks to release him from responsibility of certain notes, as he did not wish to do so himself and in- jure the credit of the Bluff City Lum- Der Company. Rutherford felt that he could not be responsible for the notes, in that he was not given voice in the business.
 After the fire, which destroyed the Bluff City Lumber Company's plant, Captain York says Mir. Rutherford callad at his office to talk over the recent losses, but that the differences were not settled.
 The aff1davits of Burt Mccartney, manager of the Anderson plant; w.. T. Gaddy of Clio; Chester Taylor, of this city; c. L. Browning and others were read. They are all employees of the Bluff City. Mccartney has been with the company for eighteen years. He said there has been no fraudulent dealings between the Bluff City and the Grant Lumber Company Gabby told of how the lumber was checked at Clio. Chester Taylor related the system of invoicing lumber. c. l.. Browning says no one requested per- mission to see the books for Ruther- ford; that they were never denied him and that he had not been in- structed to refuse him the privilege of seeing them. The business, Brown ing says, is better manager by Robert York than under Rutherford. The affidavits of Harvey York, w. A. Clay and P. A. Gates were read. They told of various deals made with the Bluff :; City, York denying any crooked deals charged to the Yorks in connection with deals made by him. Clay says he was manager of lumber yard in
 Indian Territory, a branch O. the Bluff City, and that notes Were foated ' in excess of what his yard owed the
 company here. P. A. Gates also tod similar story relative to the signing
 of notes.
 1 Captain York in his affidavit stated
 that the plant of the Bluff City would
 not be rebuilt here. He added that
 Robert York has had much axoer'ence
 in the business, that he is not entire
 ly in charge of affairs; that he per
 sonally assists him in the management
 of the business. Rutherford, York
 says, withholds certain stocks which
 belong to the Bluff City Lumber Com-
 pany and refuses to give them up.
 Robert. York's affidavit presented
 many figures, showing the indebted lness of the company when he assuni-
 ed charge, how the business was con-
 ducted and recalled various business Ideals of the Bluff City, He said he