El Nuevo mexicano., 1917-09-06

luuCpCuhcut aotcCi W Whc COhhpahy
and Pittsburgh Trust company
plaintiffs, VS.. New Mexico Central
Railroad company, ct al, defendants
No. $3.50. Consolidated cause.
Now comes Ralph G. Ely, receiver
after the beginning Of hearing on the
motion of the Pittsburgh Trust com
pany for his removal. and in response
to the direction of the court, to show
who are the witnesses whose testi
mony he desires to submit before the
close OF such hearing, in person OF
by deposition as may be possible, anC
as to what they would testify, states
that the subject to which their ties
timony would relate, is the scanda
lous and unfounded allegation sci
forth in the third subdivision OF sale
motion, that the expenses incurred
by him in a trip to San Francisco
Chicago and Pittsburgh were incur
red 'in an effort to put over one o.
two deals, one of which contemplated
the tearing up Of The rails and dis
mantling of the railroad, to-wit, thu
New Mexico Central Railroad com
pany, and the other the tearing ul
and dismantling of the said railroad
from Santa Fe to Kennedy and from
Torrance to Willard, and the sale o.
the rails to a syndicate one of which
had it's headquarters in San Fran
cisco and the other in Pittsburgh
and that although he had stated that
e would not stand for the dismant-
ling of the railroad, he had by his
recent acts made himself a party to
and indicated his intentions of doing
said acts he pretended to criticise
when the same effort was made a
year ago by the bondholders' commit
tee of the Pittsburgh Trust COM
pany," the truth being that he has
never at any time, with any one,
taken any position except that Of the
necessity of preserving said railroad
for the benefit of the public, and the
witnesses whose testimony he de-
sires, are r. NJ Burgess, of San Fran
cisco, Calf, and A. L.. Harlow, OF
Grenada, Calf, who are the persons
with whom he was negotiating and III.
T. Corey, also of San Francisco,
Calf, who was advising said Burgess
and NARROW, and he expects said wit
nesses to testify that he always OPP
posed, and never agreed to, any
wrecking of the railroad, and that
they had no connection with any one
in Pittsburgh; that he first saw the
motion for his removal, or a copy
thereof, on August 2S, 1917, at some
time after IL O'Clock in the forenoon,
and that as soon as he discovered the
false and scandalous allegation afore-
said, which, if true, would show him
to be unworthy of the trust and con
fidence of the court, he telegraphed
to the said Burgess as follows:
Motion filed today asks my re-
moval because of alleged negotiations
with San Francisco parties to wreck
road in whole or in part. Shall need
testimony yourself, CorN and Har-
low. Can you come here? If so
when?"
That in response to said telegram
he received on the next morning the
following answer:
II am certain Cory Ripley and Har-
low will all agree with me as to your
positive stand against wrecking New
Mexico Central railroad. The only
wrecking program was advanced by
Curtis and turned down by you. Diff
ficult for me to leave here but you
could have my deposition taken.
Corey in Washington. Harlow very
busy but will do anything wen go to
Santa Fe if necessary to establish
the fact that you fought Curtis pro-
gram to wreck road. Positively pre-
vent w%recking. Estancia valley can
be saved and should be colonized as
you planned"
He further shows that on August
2Sth, he received a telegram from
said Burgess, as follows:
Have requested Finley to send
bonds to San Francisco bank with
draft attached. Keep me posted"
PRANK w. CLANCY,
Attorney for Referee.
May Last Five Days
From the length of the statements
Mr.. Ely is making in reply to ques-
ton after question, and Judging by
the ground yet to be covered in the
hearing, 1t Is predicted that the TAX
ing of testimony may occupy four or
five days.
Before introducing the copies OF
kilograms from two witnesses tend
ing to show that he had opposed dis
maHtling the railroad, Mr.. Ely dis
cussed at length his dealings with
Mr.. Curtis and some of Curtis
Mr.. Ely said they telegraph
ed him in May and that he vas thor
informed as to their desire to
make a deal.
These men declined to look at the
property unless they could be sure of
the purchase price, Mr.. Ely contin.
ued. II requested them to see the
and make their deal With
them"
Mr.. Ely said they had wired him to
go on and e what kind of a deal
could be made and %thereupon he took
up with Former District Judge Abb
bott the matter of issuing receivers
certificates. MI. Ely said that he OPP
posed the issuance of such a large
amount as $250,000 Of these c~ertifi-
Gates, considering it safe, however, to
pay interest on 100000. He also