The Detroit times., 1908-06-04
SAYS HUOE KNEW OF
INVESTMENT Of
TRUST FUNDS
GAVE CONSENT IN
WRITING. SAYS TARsNEY-HEAP
OF FIREWORKS IN DEFEND.
ANTS cRoss.ExAMlNATioN.

Timothy Z. Tarsney was on the
stand for cross-examination Thursday
morning at the hands OF d. A. Altland
attorney for Marcel e. Hude. In the
suit brought to remove Mr.. Tarsney
as trustee OF the estate OF the late
Mrs. Hude-Vier. The fireworks start
ed almost with the first question.
Mr.. Tarsney had been telling OF the
alleged conspiracy between the Mes
tiers to deprive him Of any voice In the
management Of the Flint & Saginaw
railroad. in which he was heavily In
terested. when he closed his direct
examination.
II suppose you told Mr.. Hude all
about these investments OF the trust
fund In this railway" was the opening
question Of the cross-examination.
yes; l told him all knew. He
also knew about the dissensions In the
company, and came TO me voluntarily
with a paper In which he gave his con
sent In writing to the Investments
Why. he was In my ONCE Just week
before the bill in this suit was fled.
He told me these people here were
soliciting him to start suit"
What people here?"
The Nesters. and he also said Mr.
Altland had sent for him to come to
his Office"
do you mean to say I sent for Mr..
Hude In the first instance?"
"Hude told me the Nesters had
urged him to enter suit. and he said
they had offered him $50 to sign the
| l. - xlat- ~
TO don't know"
Didn't you ever send for a client
to come to your Office. Mr.. Tarsney?"
Never Solicited Business.
Never to solicit business"
when you declared to me that the
Nesters were at the bottom Of the suit
didn't | tell you that l was not inter
ested in them"
Il have no recollection OF such a
talk"
"Of course talked with the Mes
ters." Mr. Atland said. land got lot
OF information from them"
And a lot Of misinformation." Mr..
Tarsney added"
Didn't offer to settle out OF
court?"
Yes. One Of the terms was that
should resign as trustee, and Of course
refused. told you then the whole
thing was conspiracy. l thought SO
| then. and still think So"
Did you ever bring to the atton.
tion Of Mr.. Hude the actual conditions
Of the railway at any time?"
Yes. | told him Of the progress OF
affairs. Of our troubles, and of the pro-
lection he had in the $4,000 bond
had given"
The road as II Is running now is
losing venture. isn't IT,"
Il have heard SO In court, out
have no knowledge OF It. IL the road
were properly run II could be made
TO pay even in its present uncomplet.
ed state. or course II was never In.
tended that II should remain where
1t Is. and 1t will not stop there"
do you mean to say It Is a good
property"
II certainly do"
| Mr.. Tarsney was questioned at
length regarding the use OF the money
he received for the sale Of the Trun-
bull-ave. property. He admitted It
went to pay the interest on bonds.
as the company had no other source
OF income.
Then you used the trust funds to
meet bills the company was unable
to meet.
THAT is about It."
What excuse have you to offer for
investing In road In the condition
that was?''
"The Trumbull-ave. property was
not paying. Taxes were IN arrears.
and deemed II best to use the money
to help along the railway scheme
| which promises to be a good thing.
| Mr.. Tarsney was questioned at
length regarding the advances made
to Hude over and above the 5000 per
year allowed him by the will These
advances now amount to about $4,000.
What would happen to those I'D.
vances should Hude die suddenly"
II suppose l would have to make
them good"
Wasn't the will drawn up In such
a way as to guard against the son Sc
curing advances"
1T certainly was the aim to keep
him In check"
Then why did you let him have
the money!"
Advanced Money to Keep Huds From
jail.
Il acted as I did because I believe
that II his mother were alive, she
would advance the money to keep iler
boy out OF the penitentiary Every
advance | made was to settle some
trouble, that IL not settled would re-
suit in his going to JAIL
Wasn't II just your management
OF affairs that made necessary those
advances?"
IF you mean by that that he was
encouraged to do wrong because
helped him out OF trouble, can as.
sure you he was scolded. threatened
and reasoned with. but words, were
| lost on him"
What Is Mr.. Hude getting out Of
the estate now?"
"He has got nothing since this suit
started, for the reason there is moth
ing coming TO him."
Mr.. Tarsney's examination had not
been completed when court adjourned
at noon