The Outlet [67]
for possession. Sutton arose, counseled a moment with Lovell, and borrowing a chew of tobacco from Sponsilier, leisurely addressed the court.
"I shall not trouble your honor by reading our reply in full, but briefly state its contents," said he, in substance. "We admit that the herds in question, which have been correctly described by road brands and ages, are the property of my client. We further admit that the two trail foremen here under arrest as accessories were acting under the orders of their employer, who assumes all responsibility for their acts, and in our pleadings we ask this honorable court to discharge them from further detention. The earnest-money, said to have been paid on these herds, is correct to a cent, and we admit having the amount in our possession. But," and the little advocate's voice rose, rich in its Irish brogue, "we deny any assignment of the original contract. The Western Supply Company is a corporation name, a shield and fence of thieves. The plaintiffs here can claim no assignment, because they themselves constitute the company. It has been decided that a man cannot steal his own money, neither can he assign from himself to himself. We shall prove by a credible witness that The Western Supply Company is but another name for John C. Fields, Oliver Radcliff, and the portly gentleman who was known a year ago as 'Honest' John Griscom, one of his many aliases. If to these names you add a few moneyed confederates, you have The Western Supply Company, one and the same. We shall also prove that for years past these same gentlemen have belonged to a ring, all brokers in government contracts, and frequently finding it necessary to use assumed names, generally that of a corporation."
Scanning the document in his hand, Sutton continued: "Our motive in selling and accepting money on these herds in Dodge demands a word of explanation. The original contract calls for five million pounds of beef on foot to be delivered at Fort Buford. My client is a sub-contractor under that award. There are times, your honor, when it becomes necessary to resort to questionable means to attain an end. This is one of them. Within a week after my client had given bonds for the fulfillment of his contract, he made the discovery that he was dealing with a double-faced set of scoundrels. From that day until the present moment, secret-service men have shadowed every action of the plaintiffs. My client has anticipated their every move. When beeves broke in price from five to seven dollars a head, Honest John, here, made his boasts in Washington City over a champagne supper that he and his associates would clear one hundred thousand dollars on their Buford contract. Let us reason together how this could be done. The Western Supply Company refused, even when offered a bonus, to assign their contract to my client. But they were perfectly willing to transfer it, from themselves as contract for the delivery of the beeves. The original corporation, to themselves as individuals, even though they had previously given Don Lovell a similar award was made seven months ago, and the depreciation in cattle since is the secret of why the frog eat the cabbage. My client is under the necessity of tendering his cattle on the day of delivery, and proposes to hold this earnest-money to indemnify himself in case of an adverse decision at Fort Buford. It is the only thing he can do, as The Western Supply Company is execution proof, its assets consisting of some stud-horse office furniture and a corporate seal. On the other hand, Don Lovell is rated at half a million, mostly in pasture lands; is a citizen of Medina County, Texas, and if these gentlemen have any grievance, let them go there and sue him. A judgment against my client is good. Now, your honor, you have our side of the question. To be brief, shall these old Wisinsteins come out here from Washington City and dispossess any man of his property? There is but one answer --not in the Republic of Keith."
All three of the plaintiffs took the stand, their testimony supporting the complaint,
"I shall not trouble your honor by reading our reply in full, but briefly state its contents," said he, in substance. "We admit that the herds in question, which have been correctly described by road brands and ages, are the property of my client. We further admit that the two trail foremen here under arrest as accessories were acting under the orders of their employer, who assumes all responsibility for their acts, and in our pleadings we ask this honorable court to discharge them from further detention. The earnest-money, said to have been paid on these herds, is correct to a cent, and we admit having the amount in our possession. But," and the little advocate's voice rose, rich in its Irish brogue, "we deny any assignment of the original contract. The Western Supply Company is a corporation name, a shield and fence of thieves. The plaintiffs here can claim no assignment, because they themselves constitute the company. It has been decided that a man cannot steal his own money, neither can he assign from himself to himself. We shall prove by a credible witness that The Western Supply Company is but another name for John C. Fields, Oliver Radcliff, and the portly gentleman who was known a year ago as 'Honest' John Griscom, one of his many aliases. If to these names you add a few moneyed confederates, you have The Western Supply Company, one and the same. We shall also prove that for years past these same gentlemen have belonged to a ring, all brokers in government contracts, and frequently finding it necessary to use assumed names, generally that of a corporation."
Scanning the document in his hand, Sutton continued: "Our motive in selling and accepting money on these herds in Dodge demands a word of explanation. The original contract calls for five million pounds of beef on foot to be delivered at Fort Buford. My client is a sub-contractor under that award. There are times, your honor, when it becomes necessary to resort to questionable means to attain an end. This is one of them. Within a week after my client had given bonds for the fulfillment of his contract, he made the discovery that he was dealing with a double-faced set of scoundrels. From that day until the present moment, secret-service men have shadowed every action of the plaintiffs. My client has anticipated their every move. When beeves broke in price from five to seven dollars a head, Honest John, here, made his boasts in Washington City over a champagne supper that he and his associates would clear one hundred thousand dollars on their Buford contract. Let us reason together how this could be done. The Western Supply Company refused, even when offered a bonus, to assign their contract to my client. But they were perfectly willing to transfer it, from themselves as contract for the delivery of the beeves. The original corporation, to themselves as individuals, even though they had previously given Don Lovell a similar award was made seven months ago, and the depreciation in cattle since is the secret of why the frog eat the cabbage. My client is under the necessity of tendering his cattle on the day of delivery, and proposes to hold this earnest-money to indemnify himself in case of an adverse decision at Fort Buford. It is the only thing he can do, as The Western Supply Company is execution proof, its assets consisting of some stud-horse office furniture and a corporate seal. On the other hand, Don Lovell is rated at half a million, mostly in pasture lands; is a citizen of Medina County, Texas, and if these gentlemen have any grievance, let them go there and sue him. A judgment against my client is good. Now, your honor, you have our side of the question. To be brief, shall these old Wisinsteins come out here from Washington City and dispossess any man of his property? There is but one answer --not in the Republic of Keith."
All three of the plaintiffs took the stand, their testimony supporting the complaint,