The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-07-27

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Developments Yesterday In the c.,
u. & NJ. traction difficulty included the
filing Of a motion for new hearing
ON the affidavit Of prejudice against
Judge Kinkead before the latter had
announced his decision; an unusual
action on the part of Judge Kinkead
In taking stringent methods of finding
out whom attorneys in his court rep
resented; and statement by Earl H.
Turner, OF Dayton. attorney for New
ton j. Catrow. which furnished the
first explanation in two years of why
the original papers in the litigation
were suddenly brought to Columbus,
carly in the morning of Aug. 3. 1902
and filed, after preliminary steps had
been taken to file them in Marion at
midnight says this morning State
Journal
The case was submitted to Judge
ltinkead without argument yesterday.
The contempt charges against John
6. webb, c. c. Williams, Guy NJ.
Walker and George whysall wen, not
heard yesterday by Judge Thomas NJ.
Bigger, but will be called this morn
ing.
Night Ride In Automobile.
| Mr.. Turner, the Dayton attorney, In
explaining the bringing of the ltga
tion here in 1908, said he and several
other directors Of the company, after
a directors meeting nt the home of
John G.. Webb. Springfield. on Aug. ..
at which the question of having a re-
celver appointed was decided upon
and the petition drawn up, went in
an automobile to Marion
They met tha late Judge Boston
Young In the courthouse shortly be-
fore midnight and he was given the
petition to read. Mr.. Turner said no
reference was made toward filing the
document. but II was suggested by
them that two receivers be appointed.
Judge Young. hc said. would agree To
name only one receiver until after
hearing. Mr.. Turner then said he put
/ tbs paper back In his pocket and came
to Columbus I'm the morning. The hour,
which has always been mystery,
was not brought out in his testi-
mony
Franklin county was substituted
for Marion county. the name of the
law firm, Gotschall & Turner, was
stricken out, and IL was then flied, he
averred. Following that, ELI NJ West
and George Whysall were appointed
receivers by Judge Kinkead
Dockctcd at Marion.
Robert j Odell yesterday told of go-
ins to Marion, following the filing of
the case here. lie said Ea found the
case had been entered by the Marion
county clerk on the appearance dock
ct Requesting Clerk w Klnefelter to
allow him to soc the original papers,
Mr.. Odell said he was told there were
no papers and that the case had been
docketed at the ordcN of Judge Young
Attorney Bartram OF Marion corrobor-
uted Mr. Odsll in the statements.
All of the attorneys for the Webb
faction were interrogated by Judge
kinkead Yesterday morning regarding
whom they were representing. They
were reluctant about answering and
Judge NJ. b, Wolfe of Mansfield had
To be sworn as witness before he
would answer. He tnen said he had
been engaged by General Il. b. I'm
ley of Bucyrus of the law firm of Fin
the Junior member of the firm, stated
that General Finley, who Is ilf had
sent him but he did not know who
had employed the firm Simon Nash
OF Columbus said he came into the
case through c. c. Williams. who was
counsel for John @. Webb.
Colonel Herbert G.. Catrow OF Miami
isburg. son Of Newton j. Catrow and
his business secretary. denied that any
of the three attorneys had been em-
ployed by the Columbus, Delaware &
Marion.
Attorneys for the defense attempted
To Introduce document. which they
said was transcript Of the proceed
lngs In the first Marion county inti-
dent Attorney Galllnger. when asked
by the court 10 make a professional
statement that IL was true remained
mute. However. II brought forth am
other arralgnment by Judge Kinkead
OF the counsel for the defense.
Judge scores Attorneys.
lyon owe a duty to this court" he
said, "and ii must be respected II is
disgrace the way you have tried to
belittle the court and the legal pro-
fession. This transcript is not true
and the patience of this court Is near
~ exhausted. II II continues, drastic
measures may be taken"
The document. however, was adj
mltted when the Messrs. Catrow Of
fered no Objections. claiming 1t would
nave no weight against their cause.
The case was submitted and Judge
7 klnkead Will probably hand down his
decision today. Leaving ths courtroom
/ Judge Williams went 20 the clerks Of
nee and filed the motion for a new
trial Immediately. The decision Of
Judge Godsberry, in not allowing a
jurist other than Judge Ninkead to