The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-05-01


A long, hard fight in the
for Jurisdiction in the tangled
c., ID. & NJ. railway litigation, was be-
gun this morning with the filing OF
a motion by the G.. ID. & NJ. to re-
appoint receiver for the company.
This action follows closely on the
heels of two answers filed Friday by
John @. webb, president of the COM
pany acknowledging certain indebted
ness and consentlng to the appoint
ment of receiver. webb also files
the motion today
SIX reasons are given for asking
the reappointmcnt of receiver.
IT is claimed that the vacation of the
appointment made by tho late Judge
Il. c. Young was made without proper
notice being given the defendant;
that the vacation was, made without
the consent or the defendant or any
of tho parties TO the action; that the
court having Jurisdiction In this ac-
tion and having taken jurisdiction In
the appointment OF receiver, was
WITHOUT buNNOIllN ~ NdNhAt 0hNl dp-
pointment and give up possession of
Ithc property without notice to the par
ties and an opportunity for hearing.
1t is also claimed that the local
court having jurisdiction and having
retained It, was without authority to
release the property involved TO an
other jurisdictions that this court Is
the only one having jurisdiction In the
matter and that attempts are
being made to hold the pro-
pcrty of this defendant, with
out right. and that the interests
of this defendant. and of all the par.
ties can only be protected by the APP
pointment OF receiver by this court
where jurisdiction of the issues, the
parties and the property of the de-
fendant lies. Al,.i,
The motion was fled by Attorneys
Williams 4 Williams. and Taylor n
Nash. OF Columbus, and Guy NJ. Walk;
er, of New York.
Threatening Letters.
Judge Daniel Babst came down from
CrcstHnc this morning aud at eleven
o'clock the motion was argued to the
court. The witnesses related the re-
markable tale of the surrcptitious re-
novalno nof the papers IN the case. after
they had been submitted To Judge
Young To the Franklin county courts
where Oh NJ West was appointed re-
| cclvcr.
Hut the most startling phase of tho
| hearing this morning was the produc-
| ton of letters, written by West, t.
| George NJ. Whysall, Guy NJ. Walker.
who arrived here at 1925, and Others
Interested In the case. The letter.
were written In duplicate and bore
the date Of April 20 1911. They were
received by Mr.. Walker, George Why
sail, John c. Webb. c. c. Williams.
attorney for the c., ID. a. NJ, and &,
w. Leffler and william Bland.
Each letter stated that the writer had
been appointed receiver OF the C., ID
& NJ, and that any Interference made
with him by the gentlemen rcccivnG
| them. would he held to be in contempt
| By the Franklin county court Of COM
| mon pleas.
Il Attorney Walker. representing John
g. Webb In this hearing, stated just
before the close Of the morning ses-
sion that he intended moving the locaI
court to declare West in contempt OF
II court When Mr. Whysall was SEM
for 80 testify, after dinner, he. explain
ed To the court that he had received
one of these letters warning him
against Interfering In any manner will
the receiver Judge Babst told hin
to go ahead. and had the record show
that Mr.. Whysall was testlfying unde
instructions from this court. Judg'
Babst also received letter from Yves
enclosing copy Of the letters he ha'
written the local gentlemen.
Attorney George B. Scofleld was tn
first witness called. He related tn
circumstances OF Attorney Earl Turn
er coming here from Dayton, as tn
representative Of Newton j. Catroy
land seeing Judge Young relative I
the appointment of two receivers 70
the c., d. & NJ. Judge Young dc
INJURED to this on the ground that tw
receivers were not necessary for $
small a property, Clerk OF Courts W
w. Kllnefelter testified that the pa
pers had been given to him and turn
ed over by him to Judge Young. tina
} later Turner took the papers and pu
: them in his pocket
Tho Papers DlsappearI
Mr.. Whysall told practically tn
1 same story. including In his narrativ
the circumstance of Turner havin