The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-12-24
WHITELAW WILL
TAKE WITNESS
STAND TODAY
Defendant In $4,000 Suit
To Tell Inside of Street
Railway Financing.
W. III. HARRISON TOLD
OF 7-MEN AGREEMENT
Glenn and MattesOn Deny "Un-
derstanding" To Pro-
Rate Liabilities.

Rodney G. G. Whitelaw this morning
will take the stand to testify in his
own defense in the suit brought
against him by William H. Harrison
to recover $4,000 as d contribution
toward taking up 100000 note made
in the organization of the street rail-
way system in the Cape.
The attorneys for Mr. Harrison, Sen
ator r. b. Oliver and Sam p. Jeffries,
cf st. Louis. yesterday finished their
case after they had Mr.. Harrison on
the witness stand to testify concern
ing the making ofthe note and the cir
cumstances of the Endorsements that
were placed upon it.
Witnesses for the defense who were
examined yesterday afternoon were
David A. Glenn, one of the organizers
of the street railway, and R. w. Matte
son, whose father aided in the organ
ization, and who himself signed the
100000 note as an indorser. -.
1t is anticipated that the trial will
be completed by noon today or short
ly after the court begins the afternoon
session.
After the Cape Girardeau & Jack
son Interurban Railway Co, was or
ganized. stocks were issued to seven
men and, according to testimony given
yesterday, no money was paid into the
treasury for the stocks.
In order to finance the road, loan
was fioated through St. Louis banks
and eventually the indebtedness Of the
road was funded by making one note
at the Third National Bank in St.
Louis for 100000 This note was in
dorsed on the back by John H. Him
melberger, w. H. Harrison, David A.
Glenn, L. w Joseph, r. W. MattesOn,
Rodney G. Whitelaw and w. H. Miller
This note subsequently was obtained
by the St. Louis Union Trust Com
pany.
In connection with financing and op-
Grating the railway company, con-
tract was made with the Light & De
velopment Company, of which the Pub
lie Utilities Company is the local
branch. 10 take over the street car
system at date set for about year
ago.
Arrangements were made for the
transfer of the street car system but
the sale was held up at the last mo-
ment when |. R. Kelso announced he
would not approve the purchase of the
roads stocks. stating that the charter
was defective.
The Circuit Court at Jackson order
ed the Utilities company to perform
its contract by closing the purchase.
This suit now is pending before the
Missouri Supreme Court.
Had the Light & Development Com
pany made the purchase, the S1OO,OOO
note would have been taken up with
the proceeds of the sale and none OF
the indorsers would have had to pay
anything on the note.
However, when the st. Louis Union
Trust Company made demand for the
payment of the note, Mr.. Himmelberg,
er and Mr.. Harrison took it up.
After negotiations lasting severa
DAYS, Mr.. Matteson paid $4,000 by
giving a deed of trust on some prop
erty and other securities to Mr.. Him
melberger and Mr.. Harrison.
In their presentation of the case be
fore the jury yesterday, the attorneys
for Mr.. Harrison tried to show tha
the seven men who had indorsed TIL
note had an agreement by which the!
held themselves liable on the note fo
one-seventh parts.
Mr.. Harrison testified that he un
derstood there was such an agreement
whereby all claims were to be pro-rat
ed among the seven indorserS in tha
fashion.
When Mr.. Glenn took the stand h
denied that any specific agreement ha
existed for pro-rating the payment o
the note. Each of the men had pal
one seventh of the interest on the not
as it fell due, he testified, because, h
said, each owend a seventh. of tn
stocks of the railroad.
Attorney Jeffries endeavored to &c
(Confinued on Page 81