The Clayton news. (Clayton, N.M.) 19??-1954, 1921-04-23

him the bill of sale would answer
! the purpose all right; and that at
some time he (W. A. would have
the stock issued and fixed up for
him; that he learned, through his
brother lW. A. in the latter part Of
1920 or the first part of 1924 that
/ his ownership of this stock was
questioned; that he received $500 as
| dividends ON his stock from his bro
ther, who was president of the cor
IporatiOn; that when he learned his
ownership of the stock was ques-
| TONED by some of the stockholders
ne employed Mr.. Woodward as his
attorney TO procure the stock and
collect dividends; that from the
years 1911 to 1918 or 1919 the cor
pOration was struggling for exis-
fence, and that it was in an embar-
rassed condition according to in
formation secured from his brother
w A.; that the corporation de-
clared no dividends during those
years: that at the time he sent the
$500 to w. A. Henderson with which
to purchase this stock he was doing
business with the City National
Bank Of Temple, Texas.
Cross Examination
He couldn't recall whether he sent
the money by check, cashiers check
or draft, and that he personally had
no record of the transaction; that
III the past years he has been in
Clayton and met DR.. Charlton fire.
quently in the office Of w. A. Hem
dersOn and the doctor, but that he
! never mentioned to DR.. Charlton
that he owned any stock in the cor
poration; that the money was not
/ loaned to w. A. Henderson but that
! it was to be a straight out purchase; !;
that he had never requested the is
suance of his stock from DR.. Charl-
| ton and has never discussed the
matter with DR.. Charlton, as he left
the matter for his brother to at
tend to-
,Reba Macarthur, a bookkeeper of
the First National Bank Of Clayton,
was next called and produced re-
cords of. that bank to show that on
December ~, 1910, the First Nation
al Bank of Clayton received cash
ier's draft from the Ft. Worth Ma
tional Bank, tho same having been
sent by the City National Bank of
Temple, 1Neas, for payment to W.
IA. Henderson; that on the 18th of
December, 1910, $500 was deposited
to the credit of w. A. Henderson,
W. A. HENDERSON.
Chief Witness for the Plaintiff
and has lived here since 1909, and
has been engaged III the real estate
and tOwnsite business since July on
August, 1909; that the incOrpora-
tors of the Clayton Townsite Go.
were DR. Charlton, two Miller bro
theirs and another Miller, a preach
er, and Varney and himself; that
the company was incorporated in
the fail of 1909; that he has been
president since January, 1910; that
as president his duties have been
that of manager of the sales and
building at all times; that he is a
brother of r. X. Henderson, and that
in the year 1910 he learned of a
prospective sheriff's sale OF stock
of the Townsite Go.
| Q. Question will you briefly out
line what the conditions were which
led up to that sale?
A. Well, Mr. Schluter had note
against Miller and Varney and Mr.
/ Evans was endorser on the note
.. Which Mr. Evans?
y. ! believe J. w Evans.
Q. Proceed.
| A. And learned that Mr. Schluter
was suing on that note; the Millers
and Verney had all left here and Mr..
Evans was the only one that had any
property, and he was very much in
teresicd in it.
! Q. Was there any security at that
time for that note, if you know?
A. There was not, except Mr. Ev-I
lans' endorsement.
0. DO you, as an officer of the
corporation, know whether any pro-
cess was served on the corporation?
! A. Yes. sir. the stock was attached
on lhe books
o. DO you recall when that Was2
A. H. was some time in 1910 that it|
was filed
O. And who was the attorney act
ing for Mr. Schluter?.
A. Mr.. EasterwOOd.
O. What, if anything did you do
looking toward the purchase of the
stock. Mr. Henderson?
A. Well, Dr. Charlton and me dis
cussed it when it was TO be sold and
neither one of us had the money to-
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