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Id Bob;rippe. push-jspital r hasDay’s Affidavit Charges FraudmovedVyom-regrethappj-home.it therom aroomsdiam.• left Mrs. illness'dnes-legalcon-eringCoiitinricr from Page 1timedsev-Miss .reat-\ ford to aaant i, ofInIISley3Rcontroversy, the 28,000, at the request of Brown. The settlers resisted all the efforts of 'Maben and the Coal and Lumber Company to drive theuri from the lands as they considered that they had a valid title under the law' of adverse possession and statute limitation.The affidavit charges that the: West-ern Pocahontas Coal and Lumber Company entered into!a conspiracy with John C.. Maben and others to bring a fraudulent and fictitutions suit in Raleigh county in which- Maben posed as plaintiff and the company as defendant. The pretended cause of action was the pretended failure of the corporation to pay the $700,000 of defered payments for which it had given. the mortgage. The affidavit states that J. Lewis Bum-gardner, of Beckley, was attorney for Maben in the fraudulent suit and the corporation made no defense.- That iBdrngardner- /was appointed special commissioner to Bell the land and fixed the datejof the sale as October 16,1905. That oh October, 1905, there was or-, ganiaed in Richmond, Virginia, by the stockholders of the Coal and Lumber Company, another . corporation under the laws of Virginia and Joseph U. Crawford was'elected president Of the V irginia corporation.The affiidavit further states that , a meeting of the Virginia corporation was held oh the tenth day of October,, six days before the alleged conspirators had fixed for the sale at' Beckley and that this meeting was held at the iVirginia offifee of the West Virginia corporation, whose lands were to be sold. That at this meeting an unexecuted mortage covering the lands that were to be sold at Beckley, was submitted to the. meeting, though these. lands had not yet been purchased or sale made. That at the same meeting the Virginia corporation ' was authorized to issue $750,000 in bonds.The affidavit further states that the alleged sale was. made ‘at iBeckley on October 16th, ana in his report to the court Bumgardner stated that he had received for the sale of the lands to the Virginia corporation the full amount of $750,000 in cash. That Bumgardner further reported he hud paid Maben and Catlett $740,428.23 and to the West Virginia company whose lands were sold $7 828.52 surplus above the debt.The affidavit states there never was any such sale. That Bumgardner never received any such amount of money and that the report that he made was a fraud oh the court and that 'the whole transaction was for'the purpose of getting the lands in the hands of the foreign corporation so it could bring an action in the IJniqed States court against the settlers and prevent them from getting their own circuit court and jury to pass upon the case.After the alleged fraudulent sale and report, the. affidavit avers, that the court at Raleigh county was deceived into signing a decree confirming the sale to the Virginia corporation, That Bumgardner, an attorney for the Virginia corporation, then brought suit in the United State circuit court agaiDBt the settlers, and although they had retained an attorney, T. L. Henri tze, he did not appear in the case, and a decree was entered against the settlers by default. .'It is to set aside this decree and have all the suits dismissed from the United. States courts, that the order to show cause was obtained from Judge Dayton.He charges in his affidavit-that the Virginia corporation, that has a capital, of only .$250,000.and whose main office is in Richmond, was the branch office of the West Virginia corporation, with a capital of $2,000,000, which was sold out under the fraudulent foreclosure' proceedings, and had the same president.Lawyer English; who has charge of the case for. the.settlers, returned yesterday from Parkersburg and filed the order ftqm Judge Dayton jn thejlJnited Stales circuit court. He has been working on this .sensational case since: last September. ■ ; ;:railway company. Elaborate brief* war^ fllfd and ’Judge Miller reserved his decision until the following term of court on some of the legal matters In controversy.The commissioner's sale was held at Beckley and the property was bid in bv the Western Pocahontas corporation, who were represented here by Meearer James Knox Cain and Bayard Henry of Philadelphia. , Decatur Axtetl, vice president, H. T. Wickham, general solicitor, and G, B, Wall of the railway company attended in the interest of their company. .John C- Maben of New York was here representing the plaintiffs in the suit.A receipt is filed with the papers in the case, signed by Mr. Bumgardner's client, for the $750,000, and papers relieving him of dll further {responsibility by the parties to the Buit. Judge Miller affirmed the sale and his bondsmen were released and discharged by decree of the court.The publication of the affidavit made by Day created a sensation ainorig local attorneys, and while The Herald, knowing nothing of .the merits of the case, cannot express an opinion, we give the papers in the.case in order to he fair to all parties concerned. The attorneys are all well known and their honor andintegrity has never been questioned. ^Neddless to aay, the outcome of the proceedings will be watched with deep interest by the people of Raleigh and Wyoming.12 KILLED.. Five : Americans . and seven Italians were killed as a result of the explosioii of fire damp in a coal mine near Weston, Saturday. The explosion. oeeured as the day, force were leaving the mine.SACRED. THREADS.i'he Corda Worn by the Tl»r*e COfctU ofjhe Hindoos.The sacred thread of the Brahmans is well known. It Is a caste distinction assumed at an early ngc and never parted, with. It must be made by a Brahman and should consist of three strands, each of a different color, for-ry-eigbt yards In length, doubled and twisted, together twice, the euds tied in lrno Is. It must be worn next the sidn, over the left shoulder, hauging down to tiic thigh on the right side. The tliree castes of the Hindoos are distinguished by the material of these threads—cotton for flic Binlimiins. hemp for the warriors arid wool for the? artisans. The Pursues also wear the siicted thread, and boys of seven or nine are invested with it, the ill rends used being made always of libers of1 the suru tree. Mender Williams describes the sacred girdle of the Parsons as made of seventy-two woolen threads, forming a Hat baud, which is twined three times a round the body and tied In two peon liar knots, the secret of which is known only to tlii? Pars ees.The use of “medicine cords is common among North American Indiana. Alt. Bourke describes those worn b.v the Apaehcs. These consist of one. two, three and four strands, to \vk;, : are attached shells, feathers, bends, rock crystal, sacred green si ones ana other articles, doubtless employed symbolically.—Chambers* Journal.THE PARIS CLUBThe suits referred to in the foregoing news.; dispatch, aa . heing ) “fictitious, fraudulent; ’' etc.', being in the; circu it court of our home county, The Herald man called upon parties interested and examined;the. papers; in questiop and found thq first suit referred to liii the affidavit; was'a friendly suit instituted by Brown,’Jackson Knight of Charleston, for the purpose of having a trustee appointed in'the stead pf Hotchkiss, deceased. The decree was awarded by Judge Saunders, then,circuit judge of this circuit; . ' ij;The Becond'Siiit referred to wa$ instituted by J. Lewis Bdnigardner, ■ Representing the plaintiff., for the sale of certain lands held by the Pocahrintria 'Coal and Lumhf- company to Ratisfy certain mortgages held by Maben et al, for the residue of the purchase moneys on them. The C. O. railway was a party to this suit, having purchased a right of way, which was partly graded. Laing Pile represented the Pocahontas company' and Sima Eos low theElection to ll)«? Mont E\clnn)Te Oult;*» Is n Serious IIUMin es».Election to the exclusive clubs of Paris is a very serious business. The proposer and seconder must not only know all about their candidates, bid be able to bear witness to their antecedents and even to their forefathers. They must Write to all their friends and ask them to support their candidates. When the election takes place, they must not only be In the room, but nppronch each member individually as he comes up to the ballot box and ask him for his support, Wien the member has been elected, he arrives the first day as a kind of stranger and with his hut in hand. lie is then.formally Introduced by one of his proposers to each member separately who happens to be in the room at the time. On the second occasion he lias censed;.to bua stranger and may leave Iiis hat in the ball, but ho is still expected to. go round the room with one of his proposers aiid.be formally introduced.. This lasts, for .a week, by which time be is assumed to know all hig colleagues, though .a foreigner who fs extra punctll i oil s nnd inslsts. on be-log introduced to every member of the club gains consider ably hi popularity. —London Saturday Reviety.; ‘A Pl»lcd Author.When AlphonseBaudot brought our Sappliu”1 an American ' publishing house that issued'religious books; not knowing its character,.offered M. Dan-det a large sum for advance sheets of the work, He accepted the offCiy and the advance sheets Were, sent.' Wbon the publishers, received diem they decided that they, could riot issue (lie book; anil' they! cabled to the1 author. “‘Sappho’ will riqt do.” ' This dispatch puzzled Dauileti' lie consulted’ with numbers of friends, and this was the conclusion at which they eventually; arrived: “SapphoV in French is'spelled-, with one “p”— “Snpbp,’,; after fried reek fashion. In English it is spelled with two. An unusually acute friend pointed this out to Daudet, which much re? Ileved; tbo no re list, and he cablod back to the publishers, “Spell it with two It is needless to state that the publishers were more astonished at Baudot's reply than be 2nd b*ea at UmIi cable dispatch.fou: firs i Rev moi God Chu Spe elsoSun at 1 Of.' Lov And Prei EvaSubscribe to The Herald. $1 a year. 12 6
Newspaper Details
Raleigh Herald
Beckley, West Virginia, US
Thu, Jan 31, 1907
Page 7
Full Page
Clipped by
Anonymous
USA 20 Apr 2025
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