Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-05-12
RECEIVERS Of SMITH
ESTATE TELL COURT
Of ALLEGED THREATS
|. K, Smith, of SmithSonia,
Says He Will Retain Smith
Home and Property 1t Is
Stated

While argument on an application for
an appeal and supercedeas to the de-
cision of United States Judge Emory
Speer, in the appointment of receivers
to take charge of the estate of the late
James NJ Smith, Smithsonia million
aire, who died last December, is being
heard before the United States circuit
court of appeals in Atlanta Wednesday,
the receivers, according to their report
Wednesday, are being threatened al
Smithsonia by l.. X. Smith, a nephew of
Zadok Smith, who declares he will re-
tain possession of the Smith home and
the property.
The report Of the receivers, brought
to Atlanta by Cook Clayton, clerk of
the United States court for the south
ern district of Georgia, was read before
the circuit court of appeals judges
hearing the case Wednesday.
The receivers, in their report, state
that they were threatened both by l..
K. Smith, a nephew of ZadOk Smith,
and b. l.. Dunaway, said to be broth
er-in-law of L. X. Smith, and that Smith
fired two pistol shots during conflict
with ]. p. Briggs, a young man OF Attn
ems, who was put in charge of the es-
tate and home by the receivers.
IN POSSESSION OF ESTATE.
but in spite of this treatment" the
report concludes, "the receivers have
/ taken over anu are 4lO" ia pOSSS5SASAA
of the estate"
The actions of L. X Smith are de-
scribed by the receivers to have been
totally unjustifiable.
The Smith estate fight, grown IA
nous through several states now DIV
reason of protracted litigation arising
from the appointment of temporary ad-
ministrators and receivers, Wednesday
morning resolved itself, virtually, into
a fight between Zadok Smith claimants,
bitterly contesting the decision of Judge
Speer, in dethroning the temporary ad-
lministrators, and the Nancy Smith
heirs, upholding Judge Speer's deci-
sion and claiming that the receivers ap-
pointed by Judge Speer should remain IN
charge until the appointment OF per-
manent administrators.
| Seated on the circuit court Of APP
meals bench to hear the appeal were
Judge Don A. Pardee, of Atlanta; Judge
IN. w. Walker, of Huntsville, Ala, and
Judge w l. Grub, of Birmingham, Ala.
The opening argument was made by
Attorney S. H. Sibley, of Union Point
representing the Zadok Smith claim
ants. Attorney Sibley vehemently
questioned the right of the United
States court to assume jurisdiction IN
the case, holding that the appointment
of Temporary administrators was pure
ly a matter for the state courts.
OUT OF JURISDICTION.
| Attorney Sibley stressed the point
that he thought it was entirely out or
the jurisdiction of the United States
court to interfere with the officers ap-
pointed by the state courts unless 1t
could be proven that all of these oIhcers
had not performed their duty.
| Former Congressman w. NJ. Howard,
Irepresenting the Nancy Smith heirs OF
| Habersham county as intervenors in the
case, followed Attorney Sibley. Con-
| gresham Howard held that where there
were evidences of fraud that the United
States court was purely within its
rights to assume temporary charge of
the estate, as was done by the appoint
ment of the receivers.
Setting out his charges of fraud, Con-
gresham Howard said that four of the
temporary administrators, on the night
of December IL, the same day that
James NJ. Smith died, went to the or
binary of that county, declared that the
estate was valued at about $4,000 and,
on their statements that they were quail
flied to act as administrators, were APP
i pointed. The estate, according to Con-
gresham Howard, was later estimated
to be worth between 100000 and
s., 900, 900.
AIISAIANAGEAIENTC CHARGED.
Alleged mismanagement of the funds
/ Oh the estate anu dllSS6u pdTllSdHSnlp
| to the Zadok Smith claimants were
other charges of alleged fraud as set
out by Mr.. Howard.
The hearing of the application for an
appeal brought here about twenty law
yers from all parts of the state.
The attorneys for the receivers APP
pointed by Judge Speer, A. o. Park, of
Macon; Roland Ellis, of Macon, and AS
sistant United States District Attorney
1 "a of a
ing the hearing. They were prepared to
enlighten the court on any matter of
| evidence, but none of the receivers at
torneys expected to make any argument
| Among the attorneys present at the
hearing were Attorneys King and Spald-
ing, OF Atlanta, recently employed to
| represent the Zadok Smith claimants
and the temporary administrators;
Judge Hamilton McWhorter and Hamii-
ton McWhorter, Jr. representing the
temporary administrators; Judge Horace
NJ. Holden, Attorney Howell c. Erwin,
CT Athens, representing the temporary
administrators; Attorney w. A. Char
tiers, OF Gainesville; Judge Fl. S. West, of
Athens; Attorney ]. r. Bedgood, Of At
lanta; Attorney e. H. Lumpkin, of Ath-
ems; Attorneys Thomas Shackelford and
Frank Shackelford, of Athens: Attorney
p. Cody, of jefferson; Judge ]. J.
Strickland, Of Athens; Judge Winnie
OF Waycross; Judge Z. H. Galloway. of
Augusta, and others.
Inc application for an appeal was
tlled last week, soon after Judge Speer's
0uecision had been handed down, and
was submitted TO Judge Pardee, who.
by law, could himself either have de-
MED or granted the application.
Asked this morning whether he had
passed on it, Judge Pardee said that he
mad neither denied or granted the an
lplication, preferring to allow the mat
ter to be placed before the whole court
Judge Fl. H. Perry, of Gainesville.
counsel for Omanda Massey, of Banks
county, and others composing one of
the six factions of claimants interven.
ing in the case, presented his argument
during the afternoon session of the
court, UNFOLDING the action of Judge
Speer in appointing receivers for the
estate. Judge Perry argued that the
matter was entirely with the jurisdic-
ton of the United tSates court.
Attorney Alex C. King, og Atlanta.
| counsel for the temporary administra-
tors and the Zadok Smith slaimants.
appeared on the opposide side of this
argument, contending that the United
States court had no jurisdiction and
was without authority to interfere with
the officers appointed by the state
courts.