The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1914-08-05


Chancellor P. z. Jones last Satur.
day removed Louis Cohn and L.
H. Baggett, as assignees of the
defunct Commercial Bank & Trust
Co., which failed here Jan. 5.
On the first occasion they were
ousted by the Chancellor for their
refusal to pay an order for $3.50
to Special Commissioner and Audi
tor W. P. Wildberger. The last
removal was for cause, following
a petition filed by T. Brady, Jr.. /.
and A. A. Cohn for the depositors
and after a trial lasting all day
Sheriff T. H. Montgomery was
ordered to again take charge.
No one was allowed in the old
banking headquarters excepting
special Commissioner and Auditor
w. P. Wildberger, who contin-
ued the work ordered by the Court
up to Tuesday morning when the
assignees took charge again under
supersedeas granted by Judge Cook. J.
This is a similar document to
that secured by the assignees last
week when they appealed on the
Chancellor S dismissal for contempt
In this instance, though, different
from last week. Judge Jones is
not epjoined, and is still enabled
to act in all matters as heretofore
A hearing before Justices R. F.
Reed and Sam G. Cock, will be
held in Natchez Saturday, August
8, at p. m. to decide whether the
assignees will be granted the SUPER
sedeas asked for pending their ap-
peal or not. 1t is understood that
the assignees will make vigorous
attack on Judge Jones before the
Supreme Court Judges, claiming
he is disqualified to pass on bank
matters.
TRIAL BEGUN.
Shortly after 9 O'Clock Judge
Jones called court to order. At
this time a heavy rain was falling
and only fair crowd was present,
but shortly afterward it held up
and a good sized audience witness
ed the proceedings through the
entire day.
WANTED POSTPONEM ENT.
j. w. Cassidy, for the assignees,
asked for a postponement, inform
ing the court that the assignees
had not had time to prepare an
answer. The court denied further
time, stating that they had been
given days notice required by
law. Attorney Cassidy then rais-
ed the question that "the asslgnees
we're not assignees'' when notice
was served or them ON account of
their having been enjoined by
Supreme Court Justice Sam e.
Cook in the custer proceeding of
the Saturday previous. The court
also overruIed this wren Mr.. Gas.
sedy asked for time for confer
ence with the assignees which was
granted.
H. Cassidy for the assignees
and L. L. Tyler, for the stock
holders, at this juncture started
in by raising the question decided
in Jackson Friday by Supreme JUS
tice Cook. as to Chancellor Jones'
right to sit IN the case, when the
chancellor put an end to this mat.
ter by stating that this question
had been fought out and finally
decided, and that he did not want
to hear any more from the attor-
neys along that line. That,iD rails
ing this question they were guilty
of contempt of the court, and that
he ought to disbar them from prac-
tice in his court for their action.
Judge Jones then called for
procedure in the cause; the Pc
pition of the depositors was then
read by A. A. Cohn and the court
asked Brady & Cohn to call their
witnesses to sustain it.
WITNESS FINFD.
1 W. P. Wildberger was called,
but did not answer when the court
Imposed fine of $5 on the accoun-
tant for being late with the eau
tion to the sheriff to see that it was
collected. Appearing shortly after.
ward and reading his summons to
THE court, the Judge remitted the
Ifine on account of the large number
of books the witness had been or.
ldered to bring with him and the
short time intervening since he
had been summoned
! Hon. Julian G. Wilson. of Mem
phis, Tenn. special counsel fol
the assignees, and who took tht
leading part in tho trial, was al
lowed by the court to file in ths
record the assignees' objection &
the testimoney of WiIdberger al
mot being subject to evidence.
EVIDENCE SURPRISING.
i w. P. WiIdberger and N. T
TuIl. former assistant cashier Of
the bank. were the most important
witnessesand both were put through
the most severe grillne On cx0sF