The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-08-06


Kinkead, the court regretted that 1t
was called upon to pronounce in the
case, for the reason that 1t placed him
in the position of disagreeing with the
action of the other court. u made up
my mind" said Judge Kinkead, when
heard Mr.. Scofield's persanol state
ment that this court had jurisdiction
in the case"
Continuing. he said he would have
felt somewhat disappointed If the at.
torneys in the case had come to him
to get him to commit himself, as they
had gone to Judge Young, but that he
did not think Judge Young had any
right to order the clerk to make any
entries and that he lid not have any
case in his court. IL have never made
any order in any case" he said, until
the papers in the case had been sent
to the clerk TO be fled" He said that
an action could not be commenced in
any other way than by lodging the
papers physically in the hands of the
clerk.
He said that having a clerk ready
to do a thing constituted no action
and that the only yaw he saw to clear
the matter was for this court to ap-
point a receiver unless all parties con-
cerned agreed to go into the Marion
county court. He said he was ready to
appoint two receivers, both of whom,
he believed, would be acceptable to
both sides.
In the absence of Wysall, Attorney
Williams said he had no authority to
agree to an appointment of a receiver
in both courts. For the purpose of al
lowing the attorneys to the case to
come to some agreement, recess was
declared at the end of which Judge
Kinkead made his appointment of
West and suggested the appointment
of Whysall tomorrow.
When the case was called in the
court of common pleas yesterday
morning Attorney c. c. Williams, OF
Williams, Williams & Taylor: J. Wal
ller of New York, Louis Ireton of Gin
cinnati and Durfee & Scofield OF Ma
rion appeared N support of the petit
ton.
Judge Kinkead appeared to base his
decision on the jurisdiction of the
Franklin county court on the state
ment of Attorney Scoheld. Scofeld
said Attorney Earl Turner had not
filed the petition but that 1t was un-
derstood that it had been filed. He
said that after this Turner had come
to Columbus with the papers and had
filed them here. Scofield and Why
sail then came to Columbus and that
while here Judge Young had called
him over the phone and told him
Whysall had been appointed receiver
and asked him to return to Marion so
could quality.
When called to the stand Attorney
Gottschall, who is law partner of
Earl Turner and claims to be finan-
cially interested in the railroad, said
President Webb had arranged with
him for the drafting of the petition
for receivers. The petition was then
sent to Marion, but Turner, who was
to file the papers there, failed to do
so because he found conditions were
not exactly favorable. For that rea-
son the petition was brought to Co
lumbus and filed in the Franklin
county court.
]. Walker of New York said he was
present at the Springfield conference
when II was agreed that receiver
should be appointed and that 1t was to
be left TO the decision of the court
who to appoint and how many receiy-
ers we're necessary.
Guy NJ. Walker, a New YORK broker
said TO be holder of large NUMBER OIL