Newspaper Page Text
Atlanta Georgian and News
vol. v. no. m.
ATLANTA, GA., MONDAY, FEBRUARY 4,1907.
PRTfTRN ORTrsis.nvs
rniucj. i, Atlanta two
WITNESSES TELL OE KILLING
Of ARCHITECT BY THAW
Slayer Flourished Pis
tol After Firing
3 Times.
DELMAS INTIMATES
THA T THA W WILL PLEAD
EMOTIONAL INSANITY
WHAT THAW’S WIFE
SAID AFTER TRAGEDY
Son of White Is First Wit
ness Called to Stand
When Trial Begins.
New York, Fob. 4—Harry K. Thaw’o
fight against death In tho electric chair
began In earnest today
The prosecution will contend that It
was upon the oath ot hie mother that j
he was menially sound the young prof
ligate was allowed to share so liberally
In the fortune left by his father.
The trial will be rushed to a rapid
conclusion and It Is believed that Thaw
will know his fate within a fortnight.
Women Are Eaolujled.
Alpioat Immediately after the open
Ing of court all witnesses except the
experts and all the women were ex
cluded from the court room.
The report that Juror Harney Is the
father of Haste Follette, a close friend
of Evelyn Neablt Thaw, Is erroneous.
i agent who decided the li
be an excellent one to bring her promi
nently before the public.
Thaw was In another of his surly
moods when he awakened In his cell
today. ■ He denounced what he termed
the petty methods of the district at
torney fencing for a delay In the prog
ress of the trial. His demeanor
changed, however, when he was told
that the twelve Jurors now In the box
would be retained.
He then said he was glad the trial
was going on and said he would look
forward eagerly henceforth for the day
of his liberty.
Lawrence White, son ot Stanford
White, waa called as the first witness
Young White Testifies
Young White was questioned by Mr.
Garvan. The witness said be lived at
St James, L-'t, was It years old and
.was - the son of the late Stanford
"white. Ott the night of June If, last,
he left 'hems to come lo ltev York.'
That day he had purchased tlckeu to
the New Tork theater, expecting to be
accompanied by a friend named King
TMa friend Joined Mm In. the City, He
taw Me father. Stanford White, at the
White city horns. Ha talked with his
father and then the three went to the
Cafe Martin.
While they were dining; he told Me
father be and King were going to the
theater. White wanted to take them
to Madison Square Garden. They left
the cafe about 1:10 p. m. Stanford
White took the boys In an electric
hansom as far as thslr thsater. After
the show, young White took his com
panion to the station, as King wanted
to catch-a midnight train. Then young
White went home and met several re
porter* who told him what had hap
pened on the roof garden. He hurried
to the garden, reaching there after
midnight. v
Whits Net Craee Examined.
White waa not cross examined. The
next wllneee was Walter Paxton, en
gineer of Madison Square Oarden. He
said he had known Stanford White for
1« years, ever since he had been em-
ATTORNEY DELMAS.
He intimates that amstional insan-
ity witt ba plea of Thaw.
RIDGWAY'S STOPS
ITS NEXT NUMBER
new weekly .magaslne. wMch was. for
a time, published In Atlanta, will ci
publication. This announcement has
been made through the-business office
of the publication to thoaa Interested.
v. «ynh ee - l..s ..tewkaa IlMraaw'a will
i described how entrance Is gained
to the theater by two elevators on
the Twenty-alxth street side, and said
he saw White go Into the garden about
• o'clock. Wltneea said that he did
not know Thaw. He remembered that
the first act of the opera waa over.
Q—How long after Mr. White en
tered dtd you aee the defendant?
A—About an hour and a half
Q—Had you remained In the place?
A—Yea, for about ten minutes.
Q—Where was the defendant when
you first saw him? A—Standing near
the table at which Mr. White was sit
(ing.
_ Fired Three Shote.
Q—Waal" he facing Mr. While?
A—No. -
q—Tell ue Just exactly whnt you
■aw? A—Mr. Whits was sitting at a
table and one of hit arme was thrown
carslsssly over the back nt another
chair. When I heard the shot I looked
at Thaw the second time to see the
other two ehots fired.
q—How many shots did you hear?
A—Three.
Q—Give - ue some Idea as to how
long a lime there was between the
■hole? A—About a second (Indicating
time by snapping hla fingers).
Q—What happened then? A—Mr.
Conway, foreman of the Madison
Square Garden, took hold of the de
fondant and asked me to take charge
ot him.
Q—What did Thaw eay? A—He
■aid: "I'd Ilka to go down to the ele
vator so as not to annoy these peoplr.”
I said: "We have got to go down there
anyway. It's a good Idea.”
What Thaw'tJVife Said.
Q—Tou then gdt In the elevator?
A—Yes.
Q—How many were In the party?
A—Five.
Q—Was his wife there? A—Yes.
q—What did he eay? A—He said:
"I did It because he ruined my wife."
And then ehe said "Yes. hut look at
the fix you're In now.” And then he
■aid “all right, dearie, I did It to save
your life."
A diagram of the Madleon 8quare
Roof was shown to the witness. He
Indicated on It the spot where While
sat when he waa ehot. Tha diagram
waa then shown to the Jury and wus
explained by Mr. Garvan.
Mrs. Whits's Brothar Escapes.
It developed today that one witness
by District Attorney Jerome In
With Its last number Rldgway*e will
have Issued nineteen numbers. Tbs
publication startad aa a naw Idea, a
weekly covering rurrant topics; It waa
published In' fourteen different cities
for several w^cka. each city having an
edition, partly, devoted to matter_of lo
cal or sectional Interest.
After a few Issues the publication In
ten of these cities, Including Atlanta,
wax discontinued, and the weekly was
printed In but four editions. New York.
Denver, Sen Francleco and Washing
ton.
The reasons for the withdrawal of
Rldgway's from publication will be set
out. It le announced. In the next, and
last, Iseue.
The Announcement of the publishers
Is of especial Interest to Atlantans from
the fact that Jos. ohl. formely of The
Constitution. Is associated with the
publication nt Washington, having
taken charge of the Washington edi
tion upon the suspension of publica
tion In Atlanta. Mr. Uhl's ifians for the
future have not been given out.
Boston, Fsb. 4.—Miss Louis David
son. The Post's staff correspondent at
tha Thaw trial, Inttrvtawed Lawyer
Delmaa last night and from him oh-
talnad an outline of tha defense, emo
tlonal Insanity, and . the virtual admis
sion that Evelyn Neeblt Thaw will
not be called to the aland to testify.
"I have had much raepect for tha
Jury system In this country hereto
fore," Mr. Pelmas said. "But at - this
moment my highest expectations hav
been fulfilled.”
When aaked what the line of defense
would be, Mr. Delmaa replied
. !Th»-llll# of defuse? Do you know
IH> 4 Constant surprise lo me that
people seem to think It necessary to
ask about that. It Is to obviously, so
naturally, tha defense, that I cannot
understand there being any doubt
about It alt. What It Is I must not tell
you. It would be a broach ot profee
■tonal etiquette. But It aeama as though
everybody must know already."
When aaked what ha thought
Harry Thaw, the lawyer replied: 'He
la one of the brightest men 1 ever nieL
He la exceptionally bright, grasps
subject Instantly, has thought
around It and arrived at a conclusion
In a moment.
"He la Impulsive, qulek to act and
quick to see the sequence or event if
"Mr. Delmaa. It he le bright, alert and
mentally strong on reasoning thing*,
he la not Ihe sort of man who would
become emotionally Insane, I should
think T suggested the Interviewer.
"What do you mean by emotionally
Ineane?” he- aaked suddenly.
"Temporarily Insane under stress of
great excitement and unable to control
anything that the emotion of the mo
ment might dictate,” waa the answer.
"Have you ever, through the stress
of circumstances, been brought to s
condition In which you had no Idea
what you were doing?” Mr. Detmai
asked.
“I have," he replied to his own ques
tlon. "Almost any lawyer would tell
you the same thing. Just because la
some circumstances the germs of emo
tional Insanity which might be lying
dormant- would mature, and for the
moment the man might be quite in
of
man waa Insane. It finds out whstl
the man was Insane, and If he was he
could not be held responsible."
"A man might become emotionally
tnaana and never have a renewal of
It, and on the other hand after being
overcome by It once he would be lla-
hie to be weaker under a strain of
—BMaw ■—Mil
like magnitude than he waa origTnall)
That Is, he Would give In qulc... .
1L You know I am not saying that
Harry Thaw's counsel la to advance
a plea of emotional Insanity aa a de
fense. I am merely discussing emotion
al Insanity with you."
"Ia not It llksly that Evtljm Neablt
Thaw's testimony will help the defense
greatly V was asked.
He smiled a qulsslcal little amlle and
■teel gray eyes did tremble
“I have no doubt that Mrs. Harry
Thaw's testimony would help If she
were put on the stand."
And then he added: "If aha were. I
ild. you know."
One does not trap Delmaa Into mak
Ing ndmlsslons.
MOTHER OF HARRY THAW
OFFERED TO PAY $100,000
FOR CURE FOR HER SON
New York. Feb. 4.—"I would give
1100.000 nnd more to cure my son of
pllepay.”
This statement, declared to have
been made by Mrs. William Thaw with
reference 1" her son. Horry, It le re
vealed today, may play an Important
part 111 the defense of Hairy K. Thaw
for the killing of Stanford White.
It reveals that epileptic insanity may
be Ihe form In which the plea of tem
porary Insanity may be made; that
Thaw has been subject to epileptic fits.
during which he le deprived of rea
son, and that It wan during one of theee
fits he shat White.
Agents working for the Thaw de
fense. It has been discovered, have
been questioning persons who have
heard Mrs. Thaw make thle offer years
ago. It lx asserted she offered to pay
tho sum of 1100.000 to any one who
discover a cure for epllepay, stating
that her son was subject to epileptic
fits. The course of the questioning by
the Thaw agente Indicated the persons
examined might be desired as witnesses
at tho trial.
CASE OF PROSECUTION
OUTLINED BI GAR VAN
Now York. Fob. 4.-|Promptly nt
10:45 n. m.. aftor two prollmlnary oon-
ferencas between Mr. Jerome, l-awyer
Hartrtdge anil Justice Fltsgcrald, As-
Slslani District Attorney Garvan began
his opening pddress to Ihe Jury. Then-
were no iieremplory challenges and the
Jury remained Inlart.
Mr. Garvan, afier requesting that tho
Jurors not permit the tedious experl-
f the I met week to Inlluence their
minds In any way, said:
The defendant Is accused of mur
der In the first degree, on June 6, In
aunty, ho shot and killed, with
premeditation and deliberation and
lib latent to kill. Stanford While, a
member -if the architect llrm uf Mo-
Kim Meade ,tr White.
•On the Saturday before ills death.
White went $o his home In 8t. James,
spend Sunday with Ms tarn
On Monday he came to Ms olhre
and met his son. a young man of 14,
und a student of Harvard, and Ma
I son s Chum. Leroy King, also a etu-
dent. The three went to dinner. Mr.
White took his son nnd King to tbs
Cafe Martin. After that Mr. White
■aid he would take them to the Mad
ison Square Garden
where a new play was being produced
that night—a play called 'Mile Cham
pagne.' It was the opening night. At
Ihe sides of the nlalea are tables. You
enter on the Twenly-elxlh street elds
->r the garden and then you enter
the aisle in the elds of the stage. Mr.
White rams up to tha Twenty-sixth
street elevator and sat ml one ot the
tablet, thirty-five feet from the stage.
He sat there alone.
"Mr White's head reated
hand. The defendant wae there with
his wife and Truxton Beale and a man
named McCaleb. In the middle of the
second act hit friends went out. He
tell back and remained behind and go
ing over to the table where Mr. White
was sitting he faced him and deliber
ately slim him deud. For fear he had
not completely done hla work, he shot
him again, the ball going through his
mouth. Htlll, not content, he ehot him
again.
'The body of Mr. While fell from
the chair. The defendant raised hie
arm. holding aloft the revolver. The
audience understood; they knew he
meant to signify that hit act was com.
pleted. The people claim that It was a
cool, dellberata, malicious, premedi
tated taking of a human life. We ex
pect to prove this and ask you to
weigh the evidence carefully."
Thla ended Mr. (larvan’a address. ;t
“Thank God for The Georgian”
—REV. B. F. GUILLE.
The Rev. B. F. Guille of the Westminster Presbyterian
Church said some very pleasant things about The Georgian
and News in his sermon Sunday nighty
In illustrating the practical power
of Christ upon men in every day life,
he said: “Thank God for The Atlanta
Georgiau and the noble editorand pub
lisher. Christ lays hold upon men to
produce such editors as the editor of
The Atlanta Georgian and News, who
writes upon politics with the moral
issue involved clearly expressed; and
dashes into the greatest interests of mankind with a master
fulness and complacency of utterance that is coi
enough to edify the sages and simple enough to instruct our
boys and girls in the things that endure/
WIRES TO AGENTS
READ IN COURT
AFTER ARGUMEki
Insurance Receiver Cace
Hearing Begins
Monday. 9
SAY TRIP TO EUROPE
WAS PAID BY COMPANY;
AMENDMENT IS FILED
Insurance Case Takes
New In-
on
terest.
SEVERAL CHARGES
AGAINST DARGAN
Frisco Attorney Files an
Amendment Containing
Manv Allegations.
That J. T. Darjan. -co-rec*lv#r and
president of the suspended Atlanta-
Birmingham Fir* Insurance Company
and the Prudential Fire Insurance
Company, took a trip to Europd and
charred the expenses of S600 to the
company; that he advanced and wrong,
fully paid to himself an president 12.000
aa salary, and committed other Irregu-
larltlea while at the head of the con
cern, were Indulged In an amendment
filed In the Federal court Monday
morning In the litigation being pushed
creditors necking Mr. Dmlgan'e re
moval from (he receivership.
The allegations Included In the
amendment are made “upon Informa
tion and belief and grow out of the
Investigations being made Into the
buxine*" and records of the suspended
company by II. H. Cross, an attorney
from Hnn Francisco. Moore * Pome,
roy. of Atlanta, sxelsted by an audi
tor. The amendment and Its contents
Were sworn to by Attorney Cross to
the best of his Information, knowledge
and belief. It waa read and consld
■red by Judge Newman, now In New
Orleans, nnd was ordered filed.
A portion of the petition follow,:
Major Dargan'e Statement.
Major Dnrgan Is confined lo his home
today with lugrlppe. When asked for
n statement ns to the charges made In
this amendment, he was unable, on uc.
count of his condition, to give an ex
tended statement. Hie short statement
follows:
The allegations contained against
me In the amendment fllod this morn
ing are all based upon Information and
belief. These statements are sworn to
by a California attorney, who never
knew me until within the apst few
eeks, and are sworn to by him only
upon Ills information nnd belief. The
charge that I hnve ever used any of
the funds of the AtlAnta-HIrmlnghum
>-. mjVBpKnv
pany ix wholly
. The statement that
at ary time sold to the
jy of my stock In the com
pany ITSrholly falls. The only transac
tions In stock which I have had with
the company have been at times when
stock wae formally put Into my name
and formally taken out, end these
transactions were known and approved
by the directors. The charge that 1
preferred my bro Jier In the matter of
unearned premiums over the otter
■gents of the company le untrue.
"1 ran only ask that the public will
suspend Judgment on my else until I
tried In Lie courts.”
can be trli
New Amendment
I—Petitioners aver that said J. T.
Damn Is the prssldsnt, a director gad
a stockholder of Ihe Atlsfift-Blrmlng-
here Fire Insurance Company, and la
the president and a director of the
Prudential Fire Insurance Company;
that said Damn's Interest are antag
onistic to those of Y«ur petlHooers-emd
the other 8an Francisco creditors of
•aid tnmraaos company, on informa-
tlon end belief, petitioners charge that
■aid Damn has expressed In writing
hie intention of Ashling the claims ot
Ugh tins the claims
petitioners and the other Ban Fran
eleco creditors, and to endeavor to de
feat the same, for which reasons said
J. T. Damn Is disqualified In law,
equity and good conscience from ad
ministering on the affairs of sold com
panies as receiver."
!—Petitioners aver upon Information
and belief that said J. T. Damn, be
tween the 5th day of August, 1444, and
the 16th day of September, 14Of, was
on an eslendsd trip to Europe at the
exiiense of the Atlanta-Blrmlngham
— " -»ld
Fire Insurance Company: that Mid ex-
gregnte to about $400, which waa .
by Ihe Atlanta-Blrmlngham Fire In
surance Company without warrant or
authority from the board of directors.
11.000 In cash, together with 1 pets cent
of the re-lnsurance reserve fund,
■mounting In all to about $$00,000,
making the total compensation to *-4tl
Newell about $4,000, and In pursuance
of said contract, said J. T. Damn,
without warrant or authority of fire
Insurance company on Mid contract the
■urn of $1,000. That sold payment was
Illegal and fraudlent In law, and said
J. T. Damn should-be competed to
account for and to -pur-back to said
Atlanta-Blrmlngham Firs Insurance
Company the sold $1,000 so wrongful)-
taken and paid from Its treasury; and
that the receivers of Mid companies
should ba ordered and directed lo al
once begin proceedings for the recov
ery thereof.
Salary ■■ President.
4—Petitioners aver upon Information
and belief that subsequent to the San
Francleco, and while Ihe Insolvency of
the Atlanta-Blrmlngham Fire Insur
ance Company was necssMrily known
to said J. T. Damn, and a short
while prior to the appointment of tbs
receivers for Mid company, said J. T.
Damn wrongfully ..paid to himself as
praalgsi ' = —'
dent of said company n sum ap
aver that $$.000 of this sum
wrongfully advanced was not
irged to tbs personal account of said
J, T. Dargan aa waa proper, but on
the contrary, was entered on the cash
hook of snid company “advanced on
agency contracts, A. B. F. I. Co,;” that
■eld entry, petitioners charge upon In
formation and belief, was made for tha
purpose of deceiving the directors of
said company, the auditors, anf
sons who might be interested tl
Petitioners aver that this mousy was
takeh from the treasury without war-
- • r to taw,
Among the Items charged to the Allan-
ts*Birmingham Fire Insure
Continued sn Page Thirteen.
I "ile ’then drove down to Madison )had taken Min bni seven minutes I)
Square Garden and went to the roof,'deliver U.
Itlmut proper warrant and authority
,j absolutely untrue. The rhargo that
any payment of the funds of this com
pany to any party has been made with,
out due authority Is equaly untrue.
"Gross Injustice."
That part of the amendment which
seeks to narrate the transaction In
hleh I was paid Ndvam-e salary Is
misleading nnd seeks to do me gross
Injustice. No money has ever lv-en paid
to me accept undei the terms and pro.
visions of my contract as president of
neursnre Com
pany by Mid J. T. Dargan ere "bathe."
“wines and liquors,” "tips," "entertain
ment." “w-Mhlng." all of whlgh are Im
proper cham* against said Insurance
company, and pslillonsrs aver that
sulil Durban should be compelled to ac
count for and return to Mid Insurance
company all of Mid funds, so wrong
fully taken and withheld from said Al-
lanta-RIrmlngham Fire Insurance Com
pany. and Ihe receivers should be di
rected to Institute a vacation against
said J. T. Dargan for lt« recovery.
To Re-ln4uro.
J—Petitioners aver upon Information
and belief that M. A. Newell, presi
dent of Ihe California Insurance Com-
pany, was prelent In Atlanta eome time
shortly prior to the appointment of the
recelvers'ln the above stated case, that
he proposed to Ihe dlrrctorw and presi
dent of said Atlanta-BIriningham Fin-
Insurance Company and Prudential
Flrr Insurance Company to re-lnxure
the outstanding policies In snld_i.uo
named companies, paying to said rum.
panics iherefor $5 per cent of the re
insurance reserve -fund then on hand.
That coupled with this proposition, un
to the board of directors, was
an ngreemrnt between J. T. Dargan
and M. A. Newell, under and by vir
tue of which, said J. T. Dargan was
he employed by said California In
surance Company at an annual salary
of tsoon per annum. And m n per
mit or authority In law, u a legal
fraud upon your petitioners, and that
■aid J. T. Dargan should be compelled
to account for and return to said In
surance company tho sum of $$,004 so
wrongfully taken and retained, and the
receivers of Mid Insurance companies
should be ordered by this court to at
once begin legal proceedings to compel
hie restitution.
5. Petitioners aver upon Information
and belief that R. L. Pollard Is and
wss a close personal friend of Mid J
T. Durgan; that on or about the let
da yof November, 1444, he was em
ployed as secretary of Mid Insurance
companies at a sstary of $250 per
month, and that on or about the tth
day of December, Hid Pollard Mvered
his connection with said companies and
relumed to Texas, and that during the
month and nine days In which he was
so employed said Pollard waa permit
led to draw from said companies an
amount' exceeding $1,400 and now
stands overdrawn and due said Insur
ant* companies the sum approximating
$700 or $500: that this was with the
knowledge and consent of Mid J. T.
Dargan. waa wrongful, without legal
authority, nnd laid J. T. Dargan should
be compelled to accoutn for and maka
restitution of Ihe same.
>nal consideration In eald M A. Ne
II Ihe said J. T. Dargan agreed and
promised to pay to him the sum of
0000000*000000000000000*
LEGAL NOTICES.
According to the terme under which The Atlanta
News was purchased by The Atlanta Georgiau, all unex
pired contracts for advertising will be carried out in the
consolidated paper, which will be known as The Atlanta
Georgian and Newi:
The legal advertisements that should have appeared in
Newt of Saturday, February 2, will be found in today ’»
Georgian, and hereafter they will appear at their regular
stated intervals.
Copy for legal advertisements .should be sent to The
Atlanta Georgian office.
-'kt—
*000000**00*00***0*0000*
A Persons! Friend.
5. Petitioners aver upon Information
and belief that said J. T. Dargan sent
an officer of said company, w-ho was
his personal friend, to Montgomery
for the purpose of employing counsel
ar.d taking stepa looking toward Hit
appointment of a receiver for said At-
lanta-BIrmlngham Fire Insurance
Company; that attorneys were em
ployed In Montgomery, who, on behalf
f said Insurance companies, did con
sent to the appointment of u receiver
In the city court of Montgomery on
■r about tliv night of December 4, 1404
nnd that It was suggested and urged
that Mid J. T. Dargan be named aa
such receiver, end petitioners aver
upon Information and belief that said
Ditrgnn authorised his attorneys to
consent to the Ming of said bill, with
the undei standing that he, said Dar*
gan. would he named us sole receiver
tlmt Ihls action was taken without the
knowledge of consent of the beard of
directors.
7. Petitioners aver upon Information
and heller that said J. T. Durgan pur
chased In Ills own name and right,
prior to the Him Francisco fire. 214
shares i-f tho capital stock of the At-
lanta-niimlpgliam lire Insurance Com
pany. paying therefor the sum
$2,540, and thut subsequent to the said
San Francisco fire, and while the Al-
Innta-lilt minx ism' Fire Insurance
Company was Insolvent, nnd Its Insol
vency known to Mthl J. T. Dargan, the
said J T. Dnigan. without warrant or
authority In law, sold hack to said At-
Innta-lllinilngluiip Fire Insurance Com
pany sulil 244 shares of Its capital
stocks, receiving therefor the sum uf
$2,540, and that thl« resale was with
out the authority of the board of di
rectors of said company. Petitioners
•vet- Hurt lid* sale Is void la law, wus
wrongful and raid J. T. Dnrgan should
he romitellt-d to account for und ps>
back Into the tresaury of said Atlanta-
Birmingham Fire Insurance Company
the Mid «um of $2,140 no wrongfully
taken and withheld, and that the re
ceivers of salt! c-.-mpanles should ba us-
The hearing or evidence -by Special
Commissioner Henderson, which be
gan Monday morning, developed stren
uous objections on the part of Attor
neys Roundtree and Felder to th« In
troduction of certain telegrams, A. M.
lleatly, manager of the Postal eom-
[pany. having bean aubpenaed and In
structed to produce the telegrams. It
Ister developed' that the dispatcher
were from J. T. Dargan to Dsrga
Ragland, of Dallas, Texas.
The attorneys for the defense want
ed to know what the dispatches con
tained before they wen admitted or
they consented to admit them. Thera
were objections agd counter objections,
a* attorney for the Postal Telegraph
llapaMh-
Company, not to produce tho d „
*». as they were confidential matter*
and could oMy be produced under sjs
order from the court.
Mr. Beatty asked 8pedal Commis
sioner Henderson If h* should pre
the dispatches, and, upon being
formed that he was Justified In
M I * * them.
■o, he produced
Dispatches Produced.
Upon being read It was found tfett
they passed over tho wires betw
President Dargan and his agents
Texas, advising tbs agents to aai
all outstanding polldes on a pro i
basis and make Immediate draft an ths
company for what was due them. Tha
Atlanta bank covering the draft.
Co-Receiver Bexton took the i
and produced a Met and eome time waa
taken up In checking off papers he bad
been ordered to produce In court.
questioned by Attorney
between Colonel
pany. The question appeared to 99.
cate that the attorneys were trying t*
locate the exact standing and rela
tions between Mr. Pollard and.Presi
dent Dargan. Receiver Sexton le aim
deputy Insurance commissioner for
Alabama and tha only Important evi
dence extracted waa that It wm stri
dent to him last December that ths
company should be placed In the hands
of a- receiver under the laws of Ala-
Pointed questions. f.
Receiver Sexton was asked potnoegty-
by Attorney Felder If he fumi-.hed At
torney Croft with any Information t
which tho latter might hav* based t
rations In ths senrattoni! amendment
filed Thursday. Attorney Felder *i-
lOffiaiXToraa *ta *****
appointed sole receiver. Receiver I
Kiiyuniicu $ nciTcr. fiivvr n**,'j
ton said that ho hod had convssanK*
Ilona with Attorney Cross, bu
furnishing such Information,
that he waa present at ths time
receiver was appointed, but knew i
Ing of Incidents upon which,
charges might have been base*
Hutson Lee, treMurer of th
pended company, waa next. He was
asked concerning a certain amount at
$445 that had been placed with him as
agent by President Dargan. Thle i
having been returned to ths rKdTtlsi—
within tho post two weeks, Mr. Lmv
■aid that he ,k,new nothing of tha - ,
money except that It had been given '
him by President Dargan with the un
derstanding that It wan to be kept a
separate account until called for.
he. to avoid possible comp!!
The hearing ot evidence may cover
I several days. Ths papers are volumi
nous and a table full of books and rec
ords have been (traduced and holt a
doxen witnesses remain to be exam
ined. It le understood Judge Newman
will take up the hearing upon his re
turn from New Orleans, February 11.
dared and directed by thle court to
at onr* login proper proceedings for
the restitution of the asms.
Sold the Mepe.
Hs. Petitioners show that as president
[of Atlnnta-Rlrmlnghsm Fire Insurance
Company eald J. T. Dargan sold lo tha
Prudential Kira Insurance Company fix.
lures, furniture and mape for a con
sideration ot $5,444: that these fixtures,
furniture and maps cost the Atlanta-
Blrmlngham Fire Insurance Company
[approximately $11,151.$$: that thee*
same fixtures, furniture and ms|» were
Immediately listed In the assets of tha
Prudential Fire Insurance Company at
[about $14,400.
Petitioners aver upon Information
end belief that ths brother of J. T.
Ilnrgun conducted an Insurance-agency
at Paris, Tex., and that a short while
Iprevlous to the appointment of ths re
ceiver* of Mid companies the said
Ibrather uf J. T. Dargan draw a draft
about $1,750 return premiums,
era. aver upon Information and belief
that Ihls brother was advised of the
financial condition of eald companies
and wee permitted to withdraw IMS
rum prior lo the cancellation of the
policies on which ths return premiums
were paid. Petition!* show that thla
transaction wm unfair In so far m It
and the other creditor* of eald Insur
ance companies are concerned end was
permitted by eald J. T. Dargan.
lo Petitioners waive discovery. n. 1
Wherefore your petitioners i-ray t*
thle amendment be allow—'* oth to
filed and a copy Ihes to return to
eald J. T. Dargan. <>r£XTEN8ION of
he be required lo fitOT, permitted,
to. and lo the origin*,] .. various
that Ihe commies
that may b« offer? 1 * , ***** , ‘"d
upon ihe Issue* her***ons apply to
•mine time end manmourth National
dcred; thni the ordtel Office Termi-
Dargan as recels
S, , 5.V5f«.!2& *"*•“'*•
M bancroft P ^*"«"*?*"J\
CROSS, Attq*'CK«R8MA*l,
r! *ih9mpf
