Show J t FOR OMAHA ii if contest in court involving I 1 11 shares A I 1 T 14 v I 1 OPTION RIGHTS IN QUESTION atack tack WM was placed in escrow lit at a LO low figure lut but good ore having len been struck in the tb mine find complications A ti 1 arose at the time of 0 the ii k of 0 the contract J a if A walker jr in conflict with W S ak 4 frugte and simon Boan beiger if I 1 S supreme court affirms a damage Dam ligis I 1 CM calls it afan 14 4 t 4 jan action ng 1300 1 N shares share of I 1 the he capital stock eel of 0 the h omaha gom gold if anin sand end milling earn company rany valued at bething over us taken take up I 1 afore t judge hiles yesterday i 1 brothers brin hels tho ahne ale poeM possession ln 0 of the block fire 0 o into inter r li leaden in the case and J IA n walker IT r and IV S fugate anil and simon bar bam are a the cant estante amr mr walker calms UK tile stock lock under at ta t agreement arcement cr cement alth fugate nho ho hart had ak option upon it II unit anil mid ill aberger claim clile it under the terms lenn or of he contract accod the stock block when en it as placed in n me ri ow anni nm berger having purchased cd a halt intel it in fugate option am a alleged bcd koroni cronl the pleadings anti anil lettl mony tony lit in ease case it appears that the stock mock m tie aqif it acted alted in walker brothers hank bank on a october tober 21 31 16 by lapon l pon cho tl envelope in which aich the stock VM mar placed leere a to the bank to deliver the th stock lock to ducate pucate it on or before no ve abr 25 IV he raid paid the ih of 0 hr to end nd sixty five hundredths cents cent per share for or it Other otherwise mise the stock vu to be returned to tins tile owners ou M 11 jt ollo J C conklin trustee 10 OW 0 S holmes holiat chres ahre J SK JK gillespie shares J B 13 za akton shares hare il at it walker true ru 11 eo blu shares ires r C morehouse More houe oy by W V 6 fugate than shares it X ordell floii TE V kl at I 1 on the afternoon ot of no member 6 is I 1 R walker jr pre aled settled to L 1 H farnsworth he hershler ashler of the bank nho mho lied hal charge charce ot of the stock mock in question quest lon the foll following oming bearing date of 0 november 6 1 at abt you tou to take up stock now in escrow in iwler Nt alker Drol horB bank 1710 achares bit at io 65 per share hr take cr caris ot of sl 11 aft T 4 share apt rpt rp LUG aft stock block for or we nip and pay SIM I 1 XV S ito I 1 11 1 WALKER WAL KEIt JR ja J JR walker jr on n this the game day but lister later according I 1 to the be testimony of Assle assistant tant cashier it a sealed envelope was va lied under the it window indo I 1 in his depart nent by fugate nho left the blink bank I 1 odly upon von the envelope was the statement I 1 kl t it contained a letter in relation rel allun to lg egorow kotock velh till to the I 1 he read the letter and conRi dr it are delivering t it stock his ator was wan a atlon to ker brothers nr othera front mm fugate that lie ad mold fold a gnp nn half in the IT stock to lo simon erger november 14 1 1696 J IA walker presented tho the fugate order to mr J a orth to ROther with till a check for or 4 45 5 in pit ment for the aad lid I 1 for r fugate fugale and the stock block was tiei red to him mr air Farni morth at ir walker direction then ci edited J various oeners ow ners of oc the eeoc block k with beveral amounts due them front from proceeds of the he sale mule and also lied mith the DELIVERED THE STOCK after the receipt of 0 I 1 sir Walk volker cra a ecks mr it Farnam opened the on en otte the e of the male bale 1 of 1 the one half inhere at and uter 1 rde g the notice de dell ered the 0 stock to walk P understanding so ao he testified that it ft only referred to lo iab alawi chich walker had reed to take care nt it tor for fugate fuente ahree days after tile the delivery of the I 1 tock k to lo walker E 13 critchlow atey imey for and herger ten fred red to mr Farm farmworth sona ga as and the stock but were mere refu refus set cc borth then secured a return of se fork from walker and later imer the lh igna filed an action in Inter interpleader 9 that the various contestants ill i alle their rights to the stock Parom worth was mas the first witness olad in the case and it ua unon the nd during a licater portion of the W hla mony nafle a substantially in any the of the caso case I 1 ye a recited antl a as to the effect yc tie he acted binl in felth throughout I 1 I 1 U lie he further testified pt curate admitted his g nature to I 1 II 11 alderm order I 1 alrh I 1 11 walker hs A r jr pro re fi ca t tbt coli clunion of mr inious the plaintiffs t iniard and the I 1 t ruled that tho the bank aas a met incie IJ e holder I 1 R P walker 11 1 1 1 ker jr maa its lien ead remained Us d upon n the stand during III stance of the iho afternoon ay OF WALKER r walkers 3 in n brief br woi a ie effect that he hi h had a it ever efa con no rv tlona maib ru fu ate to the sit heals ie of the ol 01 mon on fin and suase 0 t to Novem bei bet aih on that date 0 talker alker BIM he anti and fugate en I 1 into un an oral agreement v hereby is or mr uan man tu t put lot men to nork at jo mine nine for the pui pose f ascertain abols he alue of the properly and hiie llon lion on if clr share of mok k I 1 row at t the bank it wax was on the th 1100 lt 9 of november elli bill mr walker it that thai fugate rave gave him hie lie biern aum ium um of which ho he pre 1 to mr Farna morth I 1 nhen hen he be ne me I 1 and raid paid for or tho the flock tho J a to J R walker jr 11 sir mr ler er sold eald mere here 1 ritten by him in ia presence after fugate had aled led the memorandum li cOr orda clance with mith the agreement 11 alaor further mill ald d he h iu siut three wo to work at the lh nicil and had t nu f iu auar made the I 1 he men being a ihrke ill I 1 th he kno iknou ledge and I 1 or lie fugate ile he talked to pis fu bout the mine once anece or twice oember rth the lent lat time bin b in ans 9 1 ff of november isih u hen cl fugate that he would mould pay for or ork on the following morn lne I 1 ato asked him t malt it it a fv rv baym 0 he declined an and i look k up the stock mock with ahe t I 1 it option walla slit also alm test elined idled that ho he had 1 r 1 heard it Bam Bamberg bergers cra ink men 11 d in 1 connection with mith ill the e vital matter ter F ns morth ahomed hom him the ill doe doc it t filed by fugale on mi r 6 ter he lied dram cramb n the che chciuk k for I 1 ock tin on november hah Manil a nallon of mr walker alker had T been concluded milen w hen r ourt court nd ad 11 ed etl UK and ft still be resumed this thin I 1 ft Is in i a largo array arms of legal talent A came S OPTe apara drS for lt deckwa nick aon ell X r eells ill an and af pf ment for IM walker jr and A crite cutchlow blow chlow and juille henderson nn leron esus gate and bomberger Is lit court N notel 0 t r aiss B 1 as W jennings et at al are arc suing t pratt pt ILI al to collect lia 14 on oil a lory l ory ry note ahe he cam or of lucinda A lebcher 1 1 ii rt george oi orba C lambert to collect ton it IL a promie prom leBory story note a jury in sv I 1 I 1 I 1 I 1 I 1 jud judge g e court re turned returned a verdict yes yesterday erday for the defend Rn |