Atlanta Georgian and news. (Atlanta, Ga.) 1907-1912, February 04, 1907, Image 1
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