Those Railroad Bonds

The following answer to the uttack upon Hon. James M. Turner made in yesterday's Free Press was prepared seyerai days ajjo, it having beconie known tliat such a more wa contciuplated by the Democratie organ: The undersigncd have been adviscd that it is contemplated by certain uewspaporj and politlcians to attack Hob. James M. Turner, claimiují that a certain suit ia chancery, in which ttio Cbioaso & Grand Trunk Kuil'way Co. was a party, has been docided by the supremo oourt upon erounds that reflect UDoa Mr. 'lurner's iutogiily. Huving been conneeted with the oano as counsel, in its several stair.es, we submit the followioic atatomeut in Justioe to Mr. Turner: It is oí eourse impracticable to disouss Eatisfactorily a case involTine a large amount of testimonyin a brief statement, nor is that nccessary lo Mr. Turner's vindiefttiou. Uut enoueh can be conveniontly set forth hereln to enable the general public to underatand the case and to perceive thac any attempted use of it to prejudice Mr. Turner would be a (íroat injustlce to him and an outrage upon fair political discussion. In 18?ö Mr. Turner was the owner of certain bonds of the Chieaeo & Northeastern Kallroad Co., of which he was one of the original promoters and iucorporators. lic becarae its president and superintondeut. aided in the construction of thé road trom LansiDK to Klint, iuvcsted lareely in its stock and bonds, owninL a large inajority thereof, and for a lor.ir pariod had tb general management and oontrol of the affairs of tho comnany and it3 railroad. In Januari, 1878. Mr. Tumor sold outriftht to William II. V'anderbüt 750 of tho bonds of the company, with a largo amouut of the stock, and also gave to Vanaerbilt a piirilege of purchasiug -'50 more of the bonds of the company np to January, 1879. Of these 250 bonds, of courRe, Mr. Turner remaiuod the owuer. Ou April 4, 1878, Mr. Turner sold absolutely to Hussel I Sage these 250 bouds, subject to Vanderbilt's privilege to buy tliern before January, 1879. CTpon theso bonds, coupons Interest were due Maroh, 1878. These coupons were all cut off wlion tho bonds wero Bold to Satre. On Maroh 30. 187d, Mr. Turner had cut the coupons from thoso bonds, and transferred theui as a gift to Mr. Turner. As he was tho owner of thera at the time, nis right to do so was olear. Subüetiuontly. in January, 1879, Vanderbilt exercised bis privilege uniler bis contract with Turner and purcuased these 250 bonds of Satre. Vandorbllt Uien being tbe owner all the bonds of tho company (31.Ï50,UOO), sold 1,100 of them (81,100,000) to Joseph Hickson, who aftorward sold them to the Chicago & Grand Trunk Kailway Co., Hickson haviufr porohased the bonds of Vanderbilt in the interest of this compauy. Up to this point tho f acts are undisputed, and all of them are fouud as facts by the docision of the supreme court. In February. 1885. Mrs. Turner, the owner of the interest ooupons above mentioned, havinjr been unablo to obtain payment thereof, to which sho was entiLled, begau a suit for them aealiist tho Chicago & (iraad Tronk Rallway Co., in the Ingham circuit oourt. The relations between Mr. Turaer and the company, formerly friendly, had become strained. Thereupon the company began a snit in chancery, in the same circuit, to enjuin Mrs. Turner's suit at law, aud this chanceiT suit, appealed to and decided by the supreme oourt, Is tha one in which the decisión in question was made. Tho claim of the corapany was that the 250 bonds had beon pledaoil by Turner to Sage, as oollateral security, and tlint whüo tbtu held by Sace, Turner sold them to Vauderbilt, and that the intore&t coupons giFn to .Mrs. Turner were left with8ago by raistake, anti notdeliyered to Vanderbilt, and that Turner af terward cocceived the idea of colleotinff ihem. l'i-on this, which, if supported by evidenco might inrolve Mr. Turnor's inteKrity, tho case utterly broke down. Saffe's testlmony wss emphatic that these honds were never plcdged Co liini, lui fu!d (o littn abenhUely, Aïiril it 1878; thal Uw coupons of March, 1878, ware nut attached; thal líe (Sane) dia nothuu or reeeivo Ow cóuporu. And thekcfstono tiu Bttpremt iourt iinu thut thE$o ■ re nat vhxtytd but znld to Saye April 4, 1878; ihat in Manl), 1678, whüt 1 irr..t iht owner of tüic coupons, he cut them off, as ho had the right to do, and ho had the riht, afte.r cnuïng them off. to sol! or Kivo tlicm to Mis. Turner or auy oue else, as oo pleased. The chancery caso went to a hearing in the lugham circuit, lipón a larga ainount of testlmony, aud was deoided by Judgo Erastus Poek, UDon full consiueraLion, in iavor of Mr. 'L'uraer. Theraupou tue company apDtaled. It is truo that upon the hearing in tho supreme court the decisión f tho court below was reversed and Mrs. Turner's puit upou tho coupons was perpetually enjoined. It Is aiso true that it is not our purpose to enter into a discussion of the merits of that droision. That would be luconsisteut with our respect for the uprerae court, and of tho relations of counsel to Ifc, even wheu they are disappointed in its decisiona. Uut it is open to usto say witu propnety, that an analysis of tUo doeision shows that the grouuds upou whioh the court plaoetheir judgment do not justify, but repel any cliargo of iraud upon Mr. Turner. Their grouuds, were In SUMtanee: (1.) 'That v.-hm Mr. TurTiar cut off tho coupons he inteuded to cancel them. Upon tbis nuestion, on the whole ovklence, waile fair-minded nit-u mieht oonoludo ono way or the other. we thinktheevidcnce showtid clearly that Mr. Turner did not hitend to cancel them, but whetner be did or not tho court fiml that he did not caucel them, bilt gave them to Mrs. Turuer, as ho lmd a right to do. The sudposed oaucellation of tho coupons is tho cipa! írrourulof tüecuurfs deoisioü, and is thelr view of the evidente. Uut thcir conclusión noítlier íiuds, nor implies, any uafalraeason .Mr. Turuer's part. () The oourt parUy place tlieir decisión on tlio Kround, that whou Hickson bouglit all thö bouds from Vauderbilt, he supposod he waa buyiog all the past duo coupons, not paid anti ounoellcd. Üut Vaaderhflt ncvor bought tho 50 boadSi from which Mrs. Turuer's coupons wero out, from Turner. Turner owned tnem lo Maroh, 1876; ho sold thora to Sare ia Apnl, 1878; tho oourt finas, as Sapo testities, thai the coupons had theu been out off; and vanderbilt, navio j? mirchased of Sajre, could not suppose he bouht what Sago never had to sell; and althougjj Vauderbilt died in 185, and his testimony waa lost, there is not a word of evideuco that in his life thne ho ever made a claim to these coupons. That Hickson, whöii he boujtht tho maas of bonds, supposed he waa buj Injt all the coupons thai, were ever on tlicm, wlll hardly be considored by 1 mea a relloctïon on .Mr. Turuer'a integrlty. ïf, upon tho points above set forth, the supreme oourt, as wo ttiink, disroard.-d the weight of ti'Stimouy, lt is certain that their oonclusWns inust bö unfftirly stralned tosapport any charge of fraud ajfulnst Mr . Turner. Few reptiuuiouá would be safe if, in such a controversy, ombraeinff a lare volume of tírLiíaony, a decisión one way or tho other sltould be held to !ix a obarfTfl Of fraiul upon a busiuess man, whou tho decisión itself invuivcs no such oonoluston. lt was to be exirner would stand upon lier lcal rlffhtfl agaJust the corporation. In law suits all judfres do not estímate evidonce aliku, and upon the weUnt of cvidenco la a oompltoated oontroveny tliere can aiv a lair diit'orenco of opinión. Tho decisión of tlio supremo court m tbis case was tho result of their view of the ovidence. uponpoiuts, as wc ïiave showu, which included uo charge of fiaud to Mr. Turner. The Buil of Mrt. Turner upon the coupons was advised nnd begun by Metsn. Hustlnjcton and Uonderson. Cpon Jude Huntlngto&f deoease, and thO romoTal oí Henderson to CTtab. Mr. Dodjro took chariie of tho oase. Ho and Mr. lïlack represeuted Mrs. Turner iu the circuit court, and also argued the oase in the supremo court. Mr. Wells waa rotalned as counsel, ia au application for a roíieurinií. lt so happens that all tho counsel (as well as Judjre Peok, whodeorded the case in Mre. Turner'a favor at circuit.) bolontc to tho Democratie party. Thö undorsined are :.:ly küOTvn to the I)ernocr;i'-y of Michigan to cutlile thir statements to confidenoe. They are friends oaJudffe VTlnaos, and deeply intcrestcd in his eleotlon; but they protest, and tbey are oontident Judo WlnanswlU jom In tbelr protest, acalote a method of politieal warfare which iuvclves a:i aasaolt upen tho personal integrity of an mist like tiiis. Tho oontest in i one of antajronistic principies and 1 polldes, fltly represontod by the opposiníí candklates for tioernor. Tïio cause of the Democratie party does uot requlre the uso o( tho weapong oh personal detraction or unfair asaauits upon the personal Intexrlty of oaudtdatös. A:id we are suro thai Chta ■:it, nindo ia justico to Mr, Turner, wi[[ be uppreclatod by tho Domocraov, who may not as readlly privo a hearing toh!m as tu us, and by all fair-mfoded men, who hold. hl every politieal oampafffn, tho balanoo of power. Oot. 1,1890. C. :. Black. Wii.liam P. Wells. Hknry P. Hjbnbkbson. Fond Mother (at summer rosort) - Clara niy dear, you ueedn't be surpriaod if Mi. Dizzy proposes at any tfmo nov. Clara - But, mother, he pays me scarcely any attention. Foñd Mother- True, but look how he ia fllrtiug witli me.