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Show I KEPT AFTER ME LIKE COYOTE AFTER LAMB, PINGREE TESTIFIES Suits of Ephraim P. Ellison Against Packing Company and Several Individuals Dismissed; Former Banker Excited on Stand. I All suit" Of Ephraim P. Ellison ncnlnst the )den Parking & I'r.'-viMon I'r.'-viMon compunv and bthr individuals m wtiich ho sought t. recover stock allcgt to be valued at $75,000, Wre dismissed yosterday afternoon In the ''1 .list net court up.m motion of our.- J .-11 - el. This morning all suit against In-I In-I dividual defendants contained In ttlfl H .-ros-eompJalnt of .Turner pinuroi I , pi against the i gden Parking .v-ifill .v-ifill fil "Provision company were also dMh llllill missed. The entire ease now Is between Pln- gree, on his cross complaint, against j ,i ' the packing coiui-anv, In v. hi. h Piri-"t Piri-"t gree seeks to recover certain stocks I which he gave over to the packing I company as security for the payment - of obligations ho was under to tha ji company, under a contract. -? The suit has now simmered down ? to a case between Plngree personally Z. and the packing company. In which i- Plngree hopes to have the contrai I ol isiuo so that he may regain POSSSB-. POSSSB-. i. . -dun of stock and oth.r pmpcitN u:i - :i 2 by him to the packing company In ul- leged pavment of his oolig.it lo;v Y SKS Rl n RX He asks for their return on the ' eround that the rontrad was signed lil j nnd the stock transferred after throats , had been made by creditors of th s packing company to send him to prison if he did not comply. Other dofcndnnls mentioned In the Plngree cross-complaint against whom cases were dismissed this morning were W H. Shearman. V H. attls. C II PnrinrnhiHMi I'arov . Rhodes I and James H DeV'Jne. Strenuoua objections to the dismissal dismis-sal of these suits were made by H. H Henderson, attorney for Plncrcc Judge James N. Kimball, after h ir-ing ir-ing arguments, stated that motions for dismissal of cuscs against th.. Individuals In-dividuals were In the nature of sep- urate demurrers and ho was still of rlBfll ''the opinion that th complaint on Its face dees not entitle cross-complain -ant to any relief against any defendant except the Ogden Packing & Provision company. Judge Kimball also said be could see no reason why W. H. Wattle, W ii Shearman and the other Individual defendants were ever brought Into the I li II case. He then sustained all motions mule by each of the defendants except the Hiynfl - "packing company. Judge Kimball then denied a motion mo-tion for nonsuit entered l ounM-l for the packing company and ordered the case to proceed. James A. Howell, acting as counsel for the packing company, with A W. ' Agee, then moved the extrance of K, R. Johnson of Salt lake as counsel for the packing company. With the , , dismissal of this QM6 again! Jam. it H DcVIns. Mr. Ie'lnr then ul.-o became active a counsel for the pn HM In rompanj I I lu James Pingroe was placed upon the witness stand at H:3m 1... ,m,i was questioned by II H. Henderson. In-. ...tinsel lie waa Still on the stand at noon when recess was taken until 2 : 3 0 o"clock. Mr I'lnirrc twice became excited under Questioning and broke out with exclamations, one of which was or-lered or-lered stricken from the record. When aske.i if he was acquainted wih ( M PoppenhUMfl and Carey W Rhodes, Mr. Plngree answered, ' I'm son v !.. sav s." Mr. Henderson Hender-son asked the witness not to make remarks Of this character, when Attorney At-torney Agee broke In and said, "Wo don't object." iter, hen Plngree was testifying thai Poppenhusen and Hhodes forced him to sign the contract and turn over I his securities he said; I "They kept after me like a coyote after a lamb." This was ordered Stricken from the record. GARBED RECALLED j Under questioning Mr. Plngree said that in the early part of IOL'0 he was the president and director of many banking Institutions In I'tah, In which deposits totalled approximately $14.-1 $14.-1 000,000. lie was also Interested In many other business enterprises, he i declared. After several objections had been raised, Mr. Plngree finally testified that at that time I.e. owed much money and that obligations of n pproxl ma telv j $400,000 were due or about to com I due. Ho also said there was a financial finan-cial stringency throughout the countn. ;ond that money was tight, i At this point lengthy arguments took place as to whether Plngree Should he allowed to testify regarding his financial conditions and the conditions condi-tions of the country, during 1920. I Mr. Plngreo then said he was elected elect-ed presldi nt of the i i,rden Packing & I Provision company in the summer of 11918. j He was then asked If he was acquainted ac-quainted with Poppenhusen and IHhodes to which he answered, "I'm sorry to say. 'yes'." Mr. Plngree s .- I . i that Poppenhuaen and Hhodes came to his office In Feb- ruary, 1920, Poppenhusen Introducing himself as representing the Becker company end Rhodes, the Commercial and Continental bank of Chicago, both creditors of the parking companv. They explained that they had coma here to look Into the flnanrlnl affairs of the packing company, the witness I raid. ONDITION DISCOVERED. I "This occurred at the bank," Mr iPingref said, "and they asked about creditors of the company nnd censured cen-sured me for not taking cure of notes. They then talked about arrangements 'which could be marie to save the company com-pany from going Into tho hands of re- elvers." Mr. Plnffree further testified that later Poppenhusen and Rhodes went I through the books of the packing com-ipuny com-ipuny and then came to him and de-LTed de-LTed the condition of the company was ery poor and that some imme- dlate nrrani?ement would have to hel nwule to take care of tho (situation. j "Mr. PoppenhiiBon Raid that the coAiprinv had mot gigantic losaes hlch would have to he fixed up. tha. i was responsible :ml thai It won " , take $r.00,(0o, which I would have to. furnish " th witness testified "They dm-lared 1 had made false statements of the financial conditions, ,,, th,. .ompanv. had cluined th' i.ooks and authorised dividends irnen tho company wae In a bad way." The alleged false statements had to d. with th.- . oti.llt M-n of Hie OKdfanl Packing AvPiovision company. It la charged that at h time the oOffpany had been losing huge sums DftOnthly I'lmrrre sent out mnt? which diji not show the company's true h41-tlon. h41-tlon. . It sas also charged thai even in tne faco of great losses the company continued con-tinued to pay dividends t0 the holder, of sto k "I told htm It was u He. Then Poppenhusen said that If 1 did not put up JGOO.ono ho would send mo 10 prison at Leavenworth, tor making mak-ing Calet Btatt mente and lending them through the mail. DENIED ACCUSATIONS "1 denied all ihes accusations and told him he lied. ' PoppSnhOBOn then got mad and told mo he would give mo hut I few days to fix It up. 1 told him 1 had never mrtde 1'a'se statements or authorized au-thorized dividends "He then threatened to break me. to put me through bankruptcy and to cause a run on my banks, but there had already been a run on the banks through his slanderous talk." The last of the sentence was ordered stricken from the court records. Mr llcndf-r-H.n then asked the question, ques-tion, "Wmk poppenhuaen vool when he talked to you ?" "He was when he enme in. ' Plngree answered, "but he pounded th table when he said he would send mo to Jail." The witness then testified that he saw K. P. Ellison on February 25 or BQ and that Ellison said ho had talked t ii I ' i . . n h u v. n and I i h' des and d. -clared that something must be duno to prevent notion which would i a run on the anks In which he wus Interested. The following Sunday evening Mr. Ellison came to Plngree's home, according ac-cording to the testimony, and declared he had again talked with Poppenhuaen Poppen-huaen and Rhodes and James H De-Ytne De-Ytne and th.it Poppenhusi n and Hhodes made the statement that Plngree hod made false statements and if he uld not 'come across" with $500,000 ho wOuld be sent to prison. "Ellison urged me to fix things up by giving over my securities," Plngreo said. 'To this I answered. I, will put nothing up for those thieves." Ellison then left the house, the witness wit-ness said, and went to meet Poppen-hiisen Poppen-hiisen nnd P.hodi-H and later returned and remained all night DEMANDS UXLf MILLION In conversation before they retired the witness said that Mr Ellison told of having talked again with Mr. De- in-' and that he demanded $600,000 worth of securities and thnt Ellison Offered ?7f,000 worth of his own securities se-curities on his own responsibility If It could be arranged so the Institutions could be saved. Mr I ingr.-p -ald that a contract was presented to him on bfarch 2. In which lie was to turn over securities valued nt approximately J.'.OO.oiih .hut he re-fuaed re-fuaed to. bign It until It hud been . hanged Tha contract was then changed and finally presented March 13. When ho signed It. he testified "Did you see Mr Poppenhusen and Mr. Rhodes every day during this period." Mr Henderson asked "They kept after me like a coyote I after a lamb," Mr. Plngree answered, answer-ed, Tho witness then testified that he I was Induced to sIkh the contract foi tho turning over of the securUL-s through fear of criminal prosecution and the threats of Poppenhusen and Hhode that ho would break him If he did not comply. Just before court adjournment Mr. I It. nderson asked Mr. Pingroe to pro-i pro-i cure the flrt contract which was j tendered to him to sign, but whleh I he refused' Mr. Plngree said he would srarr h Tor u at homo nnd would bring It to court If he could locate |