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Show THE ALEXANDER FAILURE. The Question of the Receivership Came Up This Hcrnlng. who HiiAM, in; mi) iiusn Jnlco Zno Orders ll)o l'trelrer to rrrirnt a Full lltpcrl, for l.innilii atton llj a Special Matter. The Alexander '.failure has for tho fait month, or six wieks formed the subject of frequent mention In IhoThlrd district court, and this morning; It came up again beforu Chief Justice Zaun In another phain. Thero are quite a number of lawyer! engaged In the case, aud these gentle men were present In force to-day. Attorney Arthur llrow.n mado the first shot, lie desired to oiler a motion for tha receiver (Mr. WIHUtni) to pay over to Hanker McCornlck out of the fuudsln.hls possession the sum necessary neces-sary to satisfy hla claim. The ilecelv-er'a ilecelv-er'a attorneys, counsel aald, had filed an answer In which he awore to alaiost everything ho could, think of. (Laugh ter.) Among other things Itwaaaworn that McCorntok'a mortgage was a sham, that the notes were not executed lu good faith; nnd probably, If It had beeu thought knout, li would have appeared ap-peared lu that unswer that there waa uo such mutt us McCornlck. (Laughter,) At any late, the answers Interfecletl Into these suits would delay matters. The receiver was, eo toapeau, lighting the other creditors; aud Air, Va-lien, Va-lien, be believed, Had a motion to discharge the attorneys employed by the receiver, Inasmuch as there was uo use for them unless he lntondi.il to fight the ieople who employed him. Mr. Varlau moved toettlku out tho answer of Julia Alexander. Mr. Stephens eald be himself drew up the answers nnd he was willing to accept tho responsibility. Ho did it meiely to raise issue lu this caso. With regard lo Mr. McCornlck's mortgage, counsel did not kuow whether ur not n uiortgagu on a stock of goodx like that which the receiver kept selling would stand against tho oilier crudlt ors. Jly agreement of couniel tho claims of J, K. llurnham, Julia Alexander and Mr. McCornlck were consolidated, Mr, llrown then moved that the MoCorniik claim be paid, Tho re celver, lLstead of selling the goods nt wholesale, had gone into the retail business, and tho chances were tlmt nt the preseut rate the creditors would all be dead before this thing was settled, (Laughter.) Judge Zone remarked that In this case time were many points both of law nnd fact Involved, nnd the oourt could not decide them now. He would order that the receiver niaUu a full re pott of all his actings aud dulngs lu the premliee showing all claims sgalust the eilntv, bills, I mulcts, vouchers, etc. Kxoeptlons ooulj then liu raised II mrrseary, Tbiro would then be somu basis upon whloh the court coull act, and he would appoint a special Muter to thoroughly rxsmlne the report. As to tho question, which was raised, of thurecelvercmploylng ntintloruvy. Judge Zaun said ha was disposed tu allow Mr. Williams to engage competent compe-tent counsel. Mr. Varlan, however, objected to his employing couusel In thelututeet of one set of creditors aud counsel for unother set, the onu uulagonlstlu lo the other, Mr, Stephens said that every step ho had tsken had been lu good faith. Judge Zinu told Mr, Williams (who was ptoieut) that he had better employ some disinterested, linpsrtlil, comiv tint attorney, aud himself act ni a jrudeut, boneit, diligent, businesslike person, who would do lu this .natter as If the eelatu were his own. After some dl-ouHslon, in whloh other counsel took art, Mr. F, II. rilepheus now elected to wllhuraw his am enranco as counsel for the receiver. Uedtl not wish to appear ut all where there was any otlectloti. Judge i.ne Very well; Mr. Wll Hams must exercleo his best Judgment lu selecting tome one. lilt honor ordered that Mr. Williams' toputc bu brought Into court on Tuesday morning morn-ing next, kt ten o'clock. It It was then quite ready for examination bu would appoint a special mailer, P J |
