Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1909-03-21
STATEMENT OF
GEORGE THATCHER
ON BANK AFFAIRS
DENIES INSINUATIONS MADE BY
THE TONOPAH MINER IN
SATURDAYS ISSUE.

iooI SFCAlH5 " a DOndu1d lCpISoSHl-
alive concerning the article relative
to the affairs of the Nye and Ormsby
County bank as appeared in the
Miner:
1--WE are not in the habit of reply
ing to newspaper articles concerning
our practice, and only do so in this
case because the article published in
the Tonopah Miner of Saturday,
March 20, is full of misinformation
and makes insfnuations of char
acter that cannot be passed by.
The Miner was particular in
printing the entire affidavit of James
J. McQuillan, totally ignoring the
affidavits of George B. Thatcher, l..
A. Gibbons and A. M. Nye, which
were on file at the time the Miner
was printed, which .affidavits deny in
toto the affidavit of McQuillan; and
1t totally neglected to obtain infor-
nation as to the testimony of Nc
Quillan when he testified on Feb
ruary gath in the matter of the APP
plication for the appointment of the
receivers.
"On the Gath day of February,
1903, James j. McQuillan appeared
in court and testified, under oath,
that he had full and ample authority
from Frank Golden to sign his.
Golden's, name to the petition for
the appointment of the geceivers,
and thus affirmed, under oath, his
previous declarations to the members
of the firm of Bartlett, Thatcher and
Gibbons.
The statement that he signed the
name of Frank Golden solely upon
the advice of counsel is absolutely
false and is contrary to his sworn
testimony given in court
The principal place of business of
the Nye and Ormsby County bank is
at Tonopah, and ever since their APP
pointment the receivers have been in
the actual possession of all the prop
erty, assets, books and papers of the
Nye and Ormsby County bank at
Tonopah; moreover, they have held
this possession by force. After their
appointment Mr.. c. H. Phillips ac-
cepted employment from the receiv-
ers and agreed to act in clerical
capacity for them; the propriety of
the receivers employing Mr.. Phillips
cannot be questioned, as he was fully
acquainted with all of the banks af-
fairs and transactions, and readily
accepted employment from them.
When the receivers learned that Mr..
Phillips took position antagonistic
to them he was discharged.
The statement in the Miner that
there was concerted action for the
purpose of deceiving the court and
accomplishing delay for some utter
Tor purpose is absolutely false; the
court was not deceived, notwith-
standing the attempts of interested
parties to make it appear that it was
deceived; II there was any Interior
purpose 1t was in the minds of others
than the court, the receivers and
their attorneys.
The attempt of the principal Of
ficers and directors of the Nye and
Ormsby County bank to remove the
administration Of the affairs of the
bank from the jurisdiction of the
court of this district, and to Gust the
receivers appointed by that court is
one of the highest recommendations
as to the integrity of both court and
receivers that could possibly be
made and should, of itself, be a suf-
ficent refutation OF any charge of
collusion between the receivers and
the officers and directors of the Nye
and Ormsby County bank.
"The Miner assumes to decide that
all the proceedings before the dis
trict court, by which the receivers
were appointed, are null and void |;
this matter will be decided by the
courts. 1t is sufficient now to say
that the district court of Nye county,
acting upon the testimony of James
j. McQuillan to that effect, found
that he had authority to sign the
name of Frank Golden to the petit
ton, and the judgment of this court
appointing the receivers will stand
until that order is reversed ON ap-
peal. The fact that the name of
Frank Golden was signed to the pc
tition by James J. McQuillan appears
upon the face of the petition, and so
appearing the district court neces-
sarily required proof that McQuillan
had authority to sign Golden's name.
This authority was shown by the
sworn testimony of McQHillan in
open court. The question was asked
Of James j. McQuillan while on the
stand, Did you sign the name of
FRANZ (xnlhpn ToY11Aey M