The Denison review. [volume] (Denison, Iowa) 1867-current, 1913-12-17

telegram to John J. Hess, attorney,
was sent from Chicago about one
hour before the bid was actually made
by John j. Hess, attorney, and was
actually delivered to said Hess with
in few minutes after he had made
the bid in question; that said bid, to
be effective, had to be submitted to
the court and approved by the court;
that such bid was submitted to the
court some four days later, on May
10, 1913, for approval; that before
such approval the bid had been with
drawn; that in the opinion of the
court the bid might have been with
drawn at any time before it was pre-
sented for approval.
Road Lost Nothing.
That the estate was not injured on
account of the withdrawal or cancella-
ton of such bid, because a few days
later the property was sold upon bids
from which the estate realized sub
stantially as much as it would have
received if the Blakedell bid had been
carried out.
And the court sustains the motion
or petition Of the Blakedell company
for the further reason that the law,
administered either at law or in
equity, looks with disfavOr upon for
fixture.
1t is, therefore, ordered, adjudged
and decreed by the court that the Or
der of this court entered on May 10,
1918, approving the bid in question,
and the order of this court of June 3,
1913, declaring forfeiture of the bid
in question, be, and they are hereby
set aside and held for naught; and it
is further ordered that the checks in
question, being a check for $500, a
check for $4,000 and check for 1000,
be delivered to the Blakedell company.
1t is further ordered that the re-
ceiver pay the costs of this proceed
ing out of funds in his hands.
Receiver Harlan Indicted.
Atlantic, Dec. 13-Rumors of an i'm
pending indictment against p. S. Har-
Ian of this city, which have been cur
rent for some days, were found to be
we'll founded when the district court
grand jury, which had been in session
almost continuously since the Tues
day before Thanksgiving, just report
ed a bill against Mr.. Harlan, contain
ing seven distinct and separate cases
of alleged embezzlement.
1t is charged that he misused the
money of the Atlantic, Northern and
Southern Railroad company during
his receivership. The indictment is
q lengthy one and charges him with
seven different instances of embezzle-
ment. The total amount that the in
dictment charges him with embezzling
is about $1,000, all of which was in
cluded in the $1,000 paid over some
weeks ago.
1t has been known for some days
that the grand jury was at work on
some important case. The appoint
ment of Judge E. Willard by Judge
Thornell to assist the county attor-
ney and the number of witnesses who
we're summoned before the grand jury
left the matter an open secret and 1t
has been the talk about the streets
for some days.
Judge Thornell intimated in his in
structions to the grand jury at the
time it was empanneled that they
should investigate the matter and they
have followed his instructions.
The indictment is the elimination
of the trouble over the receivership
matter, one chapter of which was
ended when Mr.. Harlan resigned from
the position after case asking for his
removal had been brought. Suisse
quently he turned back $1,000 in set
tlement of the amount it was claimed
he had wrongfully taken from the
road and the case was supposed to be
ended. The indictment is another
chapter.
Mr.. Harlan appeared in court and
furnished bond in the sum of $1,000,
his father, j. S. Harlan, and his
brother-in-law, c. r. Campbell, being
his sureties, and the matter of his ar
raignment will be decided later.
r. B. Swan and G. B. Clovis acted
as attorneys for Mr.. Harlan in the
matter of providing bond and will
no doubt represent him in the case.
The matter has created more or less
of sensation.