El Paso herald. (El Paso, Tex.) 1901-1931, 1914-01-10
went to. Cuba as an army officer"
Mr.. Powers IN S4nnh

am Wv "a - OllG OF the dpfnna
d2nJs, testlf ed that his relations viii,
MIR. O'Keeffe had been friendly. Mr..
Powers said that he visite5 Mr.
O'Keeffe and told him that he and bis
friends would like to purchase TIE
Times as an Investment n 7 Sim
mons, J. f. Williams and w. IT. Rur-
ges, Mr.. Powers said. attended the
meeting when Mr. OKeeffe reported
progress on the sale Of The Times.
The amount of $4,000. Mr. Powers
said. was agreed upon as compensa-
ton for Mr O'keeffe. The amount
was paid
Says O'Keeffe was Hired.
Il oltered Mr.. O'keeffe $3.50 month
to take charge of the paper" Mr.
Powers said. He said he would not
accept that but would assume entire
management for $3.50. I reported back
to my associates, Mr.. Simmons. Mr..
Williams, and you CBIr. Burgess was
examining the witness) were present
when that offer was made to Mr..
OKeeffe He accepted it,
Mr.. Powers denied that Mr.. O'Keeffe
ever made the proposition to take
S35, 900 Horth of stock. He said that
the first time he heard that PROPOSE
ton was when Mr.. O'Keeffe filed the
suit against The Times Mr.. Powers
said that he did not know anything
bout Mr. O'Keeffe's land on the mesa.
He said that Mr.. O'Keeffe had never
mentioned any interest in stock that
Mr.. Simmons was carrying for him.
Mr.. Powers said that he had never car
ried any stock for Mr.. O'Keeffe, to be
turned over to him upon payment
The SnIe of the Paper.
"1Ir. Simmons and I discussed the
proposition looking to the sale of the
paper" said Mr.. Powers. Wv. B. Latta
said he had a proposition. We told
Mr.. O'Keeffe that We would prefer
Mr.. Latta to conduct the sale in the
interest of the paper. We gave Mr..
OKeeffe the price of S225,0O0 We
simply told him we held the paper for
that amount
"The Sunday called on Mr.. O'Keeffe,
I told him that the matter had come
up very suddenly. I told him that the
sale might be made and we would rot
have time to give him notice and I
thought something ought to be fixed
up in the way of salary.
OuafinS of O'NcefTe.
Eyes, there was a meeting In your
office This to Mr.. BUrgesD I was
elected president. I went to the Times
office with written form of resigna-
ton and transfer Of the Associated
Press franchise. Mr.. OKeeffe said that
he was not signing anything. Yes.
subsequently we got a transfer of the
Associated Press franchise in my
name"
L- q a.
time expressed the hone that he would
one day be able to purchase stock Of
the Times. No amount was mentioned,
he said.
Mr. Powers said that he told Mr..
that the sale of the paper
his hands would be Withdrawn.
and later if a matter of sale came UP,
it would be handled by the owners.
Mr.. Simmons said that those in it
We're friendly, it would be a close cor
poration and there would be no sale
of stock to others" Mr. Powers said.
Mr.. O'Keeffe was present"
Mr.. Powers stated further that there
was never any interference with Mr..
O'Keeffe in the employing of assistants
or others. He did not know of any
conflicting interests between any
aActlnE in Interest of Paper"
Asked If he had any intention Of de-
frauding Mr.. O'Keeffe when he was let
out" or if It was done in the interest
of the paper, MI Powers answered. Il
was acting in the interest of the
paper"
s'Did you as a stockholder ever re
ceive any dividend2' Mr.. Burgess asked
him.
Not a dime" Mr.. Powers stated that
the proceeds were turned back into the
plant to build it up.
Cross examined by Mr. Scott. Mr..
Powers said that he was a. contractor
and had never had any experience IN
a newspaper. He did not know any
thing about the management OF
"The idea of buying the Times was
the building up of Ell PasO and sur
rounding country as all our interests
were here" said Mr.. Powers.
Had Interest in Water Company.
"Did YOU have any interest in any
corporations here% Mr.. Scott asked
Il had 40 shares in the city National
bank and about IS or Is shares in the
First National"
IN the Ell Paso waterworl1s com
pany-"
Shares"
NO. don't believe any shares were
issued. I had $4,000 in that Ihat IS
all the enterprises I can recall"
That was the International Water
company, wasn't it, Mr. Powers
yes"
Did YOU buy the paper as an in
vestment or to protect your interestsg
CAS- an investment-to upbuild the
Mr.. Powers said that he had talked
about buying the Times with j.; =.
liams and II. J. Simmons. The company
was capitalized at 100000
ct took $4,000, Mr.. Simmons took
SIS. 600. Mr.. OCOnOr $4,000, Mr. vii
Didn't Know Stockholders.
"Who were Mr.. Williams ascot
ates2" Mr.. Scott asked
Mr.. Powers said that he did not
Mr.. Kohlberg took $4,000" Mr..
Powers continued.
who took the other stoke"
MI. Simmons's friends I can't tell
who they were They took up the bal
you know who was buying stock,
don't Won. YOU were engineering it2"
Personally I did not know the
Don't you know, Of any Of. his
friends who subscribed?
There was Walter Douglas, DR..
Ricketts,. c. E. Mills. They came in at
the time the paper was purchased.
Yes the s100 200 stock was subscribed
before I spoke to Mr.. O'Keeffe"
Mr.. Powers said that $4,000 worth
of bonds were issued. Mr.. Powers did
not know whether he was one who
for the charter of the COM
pany.
Didn't you get together and see
about subscribing for the Charter2"
Don't remember
you know who made the applica-
Possibly Mr.. Burgess"
WHO subscribed to the charter?"
q don't know.
"5The names Nj Burgess mentioned
Yesterday. W. B. Latta, c. G. Baine, F.
J. Feldman and Bates Mcfarland were
they the subScriberSF
Don't know. I know they were the
a. ss y Know. don't you. that man
can't be president of a corporation