The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-03-28
C. D. & N. RECEIVER UPHELD
West Charges Webb With
Causing Trouble. !.
Declares That the Road Is In Better
shape Than II Has Been and That
Il Would Suit the Purposes of Ger
tain Gentlemen to Have II lose
Money.


which was filed against Judge II. B'
Kinkead. by Guy NJ. Walker. repre-
senting John G.. Webb and others, In
the c. d. & NJ. receivership squabble,
has been dismissed by the courts OF
Franklin county. Today's state Journ-
al says:
As soon as the Franklin county
court convened yesterday morning the
attention of the assembled judges was
called to the affidavit of prejucice iled
last week against Judge Il 3. Kinkead
by Attorney Guy NJ. Walker of 15'Wall
street, New York. representing stock
holders of the Columbus, Delaware
and Marion railway. Howard c. PARK
clerk of court. informed the Judges
who Immediately took UP the subject
and harled down the following rui-
ing in the case of Catrow vs.. the
C., D. M: .t5. ,, ~.
This court, having been notified
in writing that an affidavit. OF preluT
dice has been filed by one Guy N.
Walker, purportlng to be Of counsel
for defendant in the above entitled
case. against Judge f., B. .Kinkeaa
averfing that said Judge, Kinkead y
disqualified by reason of his personat
interest. bias and prejudice from try
ing said cause or issuing any further
order In connection herewith;
And 1t not appearing that said Guy
NJ. Walker Is an attorney of record,
or party in said case, or an attorney
entitled to practice in Ohio, II Is,
therefore, ordered by the court that
said affidavit be and the same is
stricken from the files"
The ruling is signed by NJ. G. Evans.
u. b. Dillon, r. NJ. Bigger, Frank
Rathmell. c. NJ Rogers. judges.
Receivers Statement.
Eli NJ. West. receiver of the c., d.,
g. NJ, on being interviewed yesterday
said. ''l-''' o..
''Yes. I notice that man By the
name of Guy NJ. Walker states that /
am disqualified to act as receiver of
Ithe Columbus, Delaware and Marion
Railway company and that Judge r..
b. Kinkead is disqualified to fulfil the
duties for which the people OF TINS
Icounty elected him. because Judge
Kinkead and I are personal friends,
He further states that was a client
OF Judge Kinkead, Loo h
"The statement about our being
friends and my hnving been at one
time a client of his is true. There are
no other statements in the entire ar
ticle. inspired by Walker and re-
Inspired by John Webb's, brother,
(which even approach the truth,'.ol ,
| II was appointed receiver Of this
property without solicitation and with
out even having knowledge that was
to be appointed and from the day OF
my appointment to the present time,
no person having an honest dollar in
the road has had any fault TO find
with my management. On the con-
trary, / have in my possession hun
drcds of letters from people having a
rea! interest in this property COM
mending the management.
Property Transferred.
| "Cuite recently, and since brought
a suit in the courts of Clark county
under the order of Judge Kinkead
for an accounting against Webb and
for the recovery of $l.2O0,00 which
he has failed to account for. John
Webb has transferred to this man
| Walker all OF the real estate in this
part of the country that stood In his
name, and part OF the real estate SO
transferred Is real estate in my pos
lsession as receiver fit'i 'fh'' d"
II have never had the pleasure OF a
call from Guy Walker. and am not ac-
lquainted with him. | think the public
and especially the many people who
have money invested in this property
are entitled to know somewhat of its
financial condition. ...,.i
This. company has $3.000,00O OF
stock and $2,5O0.000 of bonds. and all
of the stock and all of the bonds were
issued directly to John Webb, who
disposed of them as he saw fit. A
careful examination of the books by
Covert & Mcknight, expert account
ants, together with the investigation
OF the auditor for the property, has
failed to disclose what Webb did with
the proceeds of any of this stock OF
any of the bonds.
Not TO be Wondered At.
ut Is not TO be wondered why Webb
and Walker should be trying to swear
Judge Kinkead off of the bench In
this case. Judge Kinkead ordered me
as receiver, to bring a suit against
1 Webb In Clark county for an account
ing apd for the purpose of compelling
him to disclose what he had done with
IaH of the proceeds of the stock and
bonds Of this property. brought
that suit in Clark county. and IL Il
about ready for trial.
THE statement that Webb brought
a suit against me for $4,000 for mis-.
management Is ridiculous as no such
suit has been, brought. happen tc
know that an effort has been made by
those Interested with Walker ant
Webb TO have Judge Klnkead reap
point George Whysall as, .coreoeiver
who had been previously removed be
cause of Irregularities by him while
ne was general manager. happei
10 know also about the affidavit ant
that he was threatened more thai