The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-04-14

with arguments of counsel conclud
ed, the charges of bias and prejudice
against Judge Edgar y. Kinkead in
the Columbus, Delaware and Marion
receivership litigation are now in
the hands of Supervising Juoge John
w. Goldsberry of the fifth judicial
district, whose home Is in Chillicothe.
Leave has been extended to Oscar
NJ. Gotschall of Dayton, vice presi-
dent Of the Columbus. Delaware and
Marion. to file an affidavit, and afii-
davits will he filed in behalf OF sew
eral other directors. including n. j..
Catrow Of Miamlsburg, the petition
ing creditor in the case. If he chooses
Attorney GuyM. Walker Of New York
will be allowed to file q counter afii-
davit The afiidavits of Gatschall
and his fellow directors must be in
by Monday.
Court Calls Down Attorneys.
The Ohio state Journal says
Arguments yesterday were featured
by sharp retorts of counsel and once
Judge Goldsberfy intervened This
was in the morning. when Attorney
Guy NJ. Walker, who objected to the
line of argument Of Attorney Harry
+. West, obtruded his fist I'm Vests
direction and replied sharply to his
remarks.
Attorney w. r. Pomerene for the
court defended Judge Kinkead's att-
tude i'm refusing to withdraw from
the case under fire. 1T would have
been easy" he said. "for Judge Kin
nj
comfort IL he had allowed Webb to
manage the receiyership.
This proceeding he continued,
"is one step In chain of steps by
which Webb expects to regain con-
troll and have receiver who will ad
minister the trust in accordance with
his wishes
scheme TO Humiliate Court.
The entire affair, he declared, was
a systematic scheme to humiliate the
court
Judge Curtis c. Williams for the
waxed exceedingly warm
in his structures. declaring that he
was not responsible for the afiidavits
and did not wshto lmpeach the in
tegrity of Judge Kinkead, but tina.
ELI M. West had eXerted too much
influence in the case.
Colonel Thomas IL. Powell, who
closed for the contestants, urged ac-
don on the ahidavits largely because
Of the failure of jurisdiction. lie
that over $250,O0O had been
paid out to the bondholders without
authority of law, and that Receiver
West was responsible. Although the
was Is months in default
Tor an answer to the receivership pro-
reedlngs he declared, decree had
not been taken.
Alleges Fraudulent Claim.
"They dare not take decree he
said, because the claim upon which
the suit Is built Is fraudulent"
Although he placed at about $1,000
300 the figure spent In the road, Col
onel Powell admitted that the road at
public sale would not realize $1,000
900. The general creditors ana most
of the bondholders would never get
their money, he declared.
Throughout his argument Attorneys
Pomerene and West shot questions at
him, and once, when the question of
"A removal of the receiver was broach
ed Harry f. West declared that Ii
a motion We're made to remove the
receiver. the receiver himself would
urge that a Judge other than Judge
kinkead should take cognizance of
the motion.
Webb's Right TO Aver Prejudice.
The remaining affidavits deal large
ly with the right of Webb, as pres-
dent to file his affidavit of prejudice.
IL is the contention of attorneys for
the court thu' Webb was not author
lied to file an affidavit ON behalf of
the company, and that he could not
file II In his own regard, as he Is
not a party 10 the suit.
Prompt delivery and large assort.
Of