Appendix — Texas v. Florida

NOY 14 1938

PE me

{

;

i

Cc on

rt PROPLEY |

Vol. Il

Supreme Court of the United States

OCTOBER TERM, 1938

THE STATE OF TEXAS, COMPLAINANT,

vs,

THE STATE OF FLORIDA BT AL.

APPENDIX A, WITH REPORT OF SPECIAL MASTER

SUPREME COURT OF ‘THE UNITED STATES

Ocroser Term, 1938

No. 11, Original

Tue State or Texas, Complainant,

vs.

Tue Strate or Frorwwa et al.

DIGEST.

(All References Are to Pages of Official Transcript of

Record)

TEXAS EVIDENCE

At the hearings at Dallas, Texas, commencing Monday,

October 11th, 1937, the State of Texas gave evidence by

the following witnesses tending to prove:

Ernest Forp Morrow, Vice President of the First Na-

tional Bank of Terrell, testified that in 1920 Colonel Green,

who was not a director or stockholder of the First Na-

tional Bank of Terrell, on the day following the death of

the President of the Bank volunteered to deposit and de-

posited $100,000 to the credit of the Bank to save a run

upon it (17); between 1899 and 1920, Green was very active

around Terrell; he was the **Kingfish of Terrell;’’ he had

a greenhouse and experimental farm of 200 or 300 acres

there (18-19). Upon cross-examination by counsel for Mas-

sachusetts, witness said the amount was $250,000 as indi-

cated in Mass. Exs. 1 and 2 of January 11, 1921, being a

letter from the President of the Bank to Green transmitting

a copy of the resolutions of the stockholders (23-25); that

the deposit was made to the account of his Bank by transfer

of funds from the account of Mrs. Hetty Green at the Sea-

board National Bank of New York to the Federal Reserve

Bank of Dallas (28); witness could only recall seeing Green

in Terrell between 1911 and 1920, when he came to attend

the meetings of the Texas Midland Railroad and on this

occasion when he assisted his Bank (30). Upon cross-ex-

amination by counsel for New York, witness said that Ter-

rell is thirty miles east of Dallas in Kaufman County (31);

111, Orig,

ee — ay

9

its present population is about 8,000 or 9,000 (32); Green

was regarded as the outstanding citizen of Terrel] (33) ;

he was the only millionaire in the country, was interested

in the development of. the town and community, and if any-

body there wanted help they would go to Green and gen.

erally get it (33); Green was about six feet four inches

in height; he was President of the Texas Midland Railroad

(34); he lived in an apartment there—at one time over a

store across the street from the Bank (35); the Texas Mid.

land Railroad then ran from Paris to Ennis, Tex., about 93

miles (35),

Lawrence WituaM WELLs, of Dallas, Tex., a civil engi-

heer, testified that he entered the employ of Colonel Green

as assistant engineer of the Texas Midland Railroad May

12, 1896, at Terrell, Tex, (38-9); this Railroad Was then

in operation from Ennis to Greenville; Green obtained joint

trackage rights with the Cotton Belt from Greenville to

Commerce and built his own line from there to Paris (39);

Green was then living in Terrell, Tex., and witness was

stationed at Commerce and would see him about once a

month, sometimes oftener during the construction work

(40) ; about the Fall of 1896 Green moved f rom Terrell to

Dallas, and lived in the second and third floors of the build.

ing at Griffith and Elm Streets in the business district of

Dallas (41); witness made plans for the reconstruction of

this building (42); Green ceased to be President and active

operator of the Texas Midland at the time of the consolida-

tion with the Southern Pacific lines; during his connection

with the Texas Midland he rebuilt it (43); Green was on

the road three or four times a week (44); witness was in

Green’s employ 32 years (44); Green was interested in all

activities that looked to the development of Texas (45);

certain asphalt and paving companies and the Murray Com-

pany, manufacturer of gins (47-8); about 1907-8, Hetty

Raa came SaGERiage5 Te oan ee ra cea a

"

“0

Green, his mother, took ill and Colonel Green talked of

going to New York (48-9) and thereafter said we would

have to run the road on the money we got out of opera-

tions; that he didn’t mind borrowing money from her at

long distance but did not want to attempt to borrow from

her ‘‘close up’’ (49); that Green purchased a three-story

building in Dallas back of the City Hall and witness made

plans for the elevation of the floors into living quarters;

this work was done in a very elaborate and expensive man-

ner (49) ; witness identified Tex, Ex. N 0. 1 as a photograph

of this building, which became Green’s residence and the

last place he lived in Dallas; this was about 1907-8; during

this period Green was active in the operation of the Rail.

road and was there nearly every day (51); at first it was

in a run-down condition; he began rebuilding it after the

Paris extension was completed; he brought the first vesti-

bule coaches to Texas and the first electric-lighted trains;

to vote, sometimes in New York (52); Green finished the

reconstruction of the Railroad in the Fall of 1898; he had

his private car from the Spring of 1897 until he sold the

the ‘999’ (55) ; the car had a vestibule and at the observa-

tion end a reception room, a stateroom, Green’s room, an-

other stateroom, a dining room, kitchen and servants’ quar-

ters, with a staff of cook and porters (56); the front and

back staterooms had regular Pullman berths, 3 inches wider

and longer than the standard, and Green’s stateroom had

an immense brass bed, because he weighed about 300 pounds

on each trip (56) ; when he did not stay in his car, he stopped

at the Adolphus Hotel, Dallas (57); about November 15,

1921, arrangements had been made for an Inspection trip

of the Greenville to Commerce extension, when Green was

taken sick and they had to change his car from Dallas to

aed RES

i ae Te Se ee

a

me, Le

St. Louis (57); after this illness, Green said he did not want

to bother with anything unless absolutely necessary be-

cause he was devoting his time to getting well (58); he Was

always jovial and good natured ; after his illness, he could

not get around well except in a wheel chair; after going

to Marlin, Tex., he would get a little better and walk with

the assistance of a cane and somebody to help him (59, 60);

the last time witness took Green over the line in 1927 jy.

picked him up at Marlin and he walked from the hotel to

the car leaning on a cane (60); witness never saw him

walk unassisted after 1921 (60); Green bought « yacht

‘*United States’? about 1917, on the Great Lakes; he had

it cut in two, brought to New York, rebuilt and shortened

(60) ; early in 1900 witness supervised the building of the

Tarpon Club near Rock Port on the Texas Gulf Coast (61.

62) ; after 1921, he saw Green a number of times at the Wal.

dorf and Sherry-Netherland, New York City (62), and at

his business office, 111 Broadway; never saw him at his

business office after 1921 (63); witness paid Green’s taxes

on his Texas property, made out the deeds for sales along

the Texas Midland Railroad; the last deed he made for

Green was in December, 1932, for a lot at Quinlan, Hunt

County, Tex. (63) ; these deeds always showed Terrell, Kauf-

man County, Tex. as his residence; if they did not, Green

would send them back for correction (64); in a conversa.

tion with Green in the American National Bank, now the

First National Bank of Dallas, soon after they moved in

their new building, witness asked Green why he was so

persistent in calling Texas his home, and he threw his feet

on the desk, spat on the floor and said ‘‘T like it, because

down here I do as I please; if I was in New York and was to

do this, they would throw me out on my ear—I like the

friendliness of these people and the wide open spaces’ (65);

after his illness, Green’s hobbies were his coin and stamp

collections (66); he had 17 or 18 trunks of the collection

when he moved (67) ; witness saw this collection at Marlin,

Tex., at the Waldorf-Astoria and Sherry-Netherland in

New York City and at the Round Hill Farm, Mass, (67):

he never saw Green without either books of stamps or coins

(68) ; the only reason given by Green for leaving Texas was

his mother was ill and he had to be in close touch with her

affairs (68) ; Green continued to be in touch with the opera-

tion of the Texas Midland Railroad and witness wrote him

whenever anything had to be done and after waiting eight

or ten days for a reply, he would £0 ahead as he thought

best; when Green came in May and November he would

bring all the correspondence with him and go over it with

witness (68-9); for 29 years witness received handsome

Christmas presents from Green; Colonel Green often talked

about his regard for Texas; his remarks were always

friendly to Texas and as witness saw it, with the utmost

love for the country (69). The Texas Midland was orig-

inally 54 miles long at the time Mrs. Green foreclosed a

mortgage (73) ; the first extensions were made in 1894, using

a 70-pound rail and ballast of gravel and burnt clay; about

1918, it began to feel the competition with trucks and adopted

a pick-up and delivery service (75) ; Green always insisted

on the Railroad being kept up; they had the first gas-electric

motor ears, the first cafe service—ideas originated by Green

(76). Colonel Green started in 1897 studying certain sub-

jects, had an elaborate physical laboratory at Terrell and

witness coached him in natural philosophy, astronomy, geol-

ogy, ete.; he was a fine student, had a good memory, could

read a book and almost repeat it verbatim ( 77); witness

built Green an observatory on the top of the Elm and

Griffith Street house in Dallas, where he had a telescope

and appliances for checking the weather—thermometers,

rain gauges and wind gauges, the equipment used in mete-

orology and astronomy (77, 78); be afterwards gave the

laboratory to the Girl's School at Denton, Tex.; after his

illness in 1921, he abandoned his studies (78) ; the demon-

were moved to the Kaufman Road greenhouse near Dallas,

where he had 13 acres under glass (79): Colonel Green

brought the first automobile to Texas (80); Green's itiner

ary was to leave New York about the first of July, go to

New York in the Fall on his way to Florida, staying there

probably a week, and come to Dallas and afterwards he

went to Marlin and stayed there the month ef May, with

the exception of a day or so on the Railroad (82), On

cross-examination by counsel for Florida, witness testified

that Green had no railroad experience prior to coming to

Texas (85): that he had contacts with Green from the time

he met him in 1896 until April 1, 1928, when the road was

sold (86) ; from 1910 or 1911, he only saw him twice a year,

tS ltl he ea YT LR ie |

6

at the annual meeting of the Railroad and when he came to

vote in the Fall at the State Election; that the last time he

voted was in 1920 (88-9) ; that Green's activities in Texas

combatting the boll weevil which attacks cotton, one of the

principal commodities transported by the Railroad (90) ;

Green never operated the chicken or experimental farm

after leaving for New York and sold the Greenhouse a year

after he left (91-2). Mrs. Green had been his housekeeper

from about 1906-7 at the Elm and Griffith Street house and

lived there with him (93); the household belongings were

sold this apartment in Dallas (94); Green had about 300

lots on the Texas Midland, which witness handled and upon

which he paid the taxes, ete., after Green left (95) ; witness

to take the mineral baths and treatment from the Buie Clinic

(99); Green’s last Visit to Marlin, Tex., was about 1935

and prior to that 1927 (99-101) ; the last lot witness sold

was in December, 1932 (101). On cross-examination by

counsel for Massachusetts, witness testified that Green was

always fond of experimentation; he tried an air-cooling ar-

rangement and sprinkler System in railroad cars (103) ;

he was interested in electricity, photography, X-ray ma-

chines, Marconi wireless, seismograph and other equipment

necessary to study natural philosophy and showed a desire

to acquire knowledge on these subjects (104) ; the first time

witness was at South Dartmouth they were experimenting

with radio, 20 or 25 men were working with different in-

struments and Green said he hoped to develop radio so as

to sell one to every farmer at a price not exceeding $10.00;

Green combined scientific study with humanitarian impulses

democratic, would mix in with farmers, invite them to lunch

and supper with him; put on overalls and go through the

shop, get on an engine and run it; he was more interested

in the society of the average man (114) ; he talked about his

mother before her death, admired her and seemed devoted

to her memory (116-117). Witness identified Mass. Ex.

~

‘

No. 3, dated November 24, 1910, a letter from Colonel Green

to his mother offering to come to her whenever she needed

him (119). Witness stated that about 1912, he was with

Green in Terrell when his right to vote was challenged and

Green showed he had paid his poll tax and several of his

friends vouched for him, and he was permitted to vote (123-

128). The attention of the witness was directed to Mass.

Exs. 4,41% and 5 regarding shipment to New York of Green’s

automobiles from Texas in July, 1911 (133-135), and his

household goods from Dallas to New York (137-140). Coun-

sel for Massachusetts called the attention of the witness to

Mass. Ex. No. 7, dated May 20, 1922, from him to Green

in which he used the expression ‘‘your Terrell friends are

very anxious to hear how you stood your trip home”’ (143).

Witness further testified that on Green’s usual November

to three weeks or a month duration (158); from 1911, the

actual operation of the Railroad was in witness’ hands un-

der Green’s direction; that during the period of Government

operation, he was the only official kept on the job as train

master (164); that the Tarpon was a fishing club, which

was destroyed by hurricane in 1904 (165) ; the undeveloped

town lots remaining unsold at the time of Green’s death

Were assessed for about $2800 (165); the Green Floral

moved to the Commerce Street house, there was no change

in his establishment (177); Terrell then had a population

a Nae Na Sie, EP aa niet eat lS NaN tt Btn ales ay

en

8

of about 5,000 in 1896 and about 7,500 in 1911 (177). Be.

tween 1896 and 1911, the Railroad was not a financial sye.

cess (180); when he saw Green in New York in the Fall of

1911, he was living at the Waldorf-Astoria and had a secre-

tary, Miss Harlow’s maid and a young lady who was help.

ing with the stamps and coins (181); he had from 17 or 18

trunks for his stamps ( 183) ; he continued to see Green at

the Waldorf-Astoria from 1911 to 1929 (185). Upon re.

direct examination by counsel for Texas, witness testified

the returns and reports made by the Texas Midland Rail.

road to the Texas Railroad Commission all showed the resi-

dence of the President as “Terrell, Tex.’’ (198); when

Green went to New York in 1911, he said his mother was

sick and he had to go up there to help out and take care of

her business (199), and after that the private car was kept

on the line in Terrell and available for Green whenever he

wired for it (200); the annual meetings of the Railroad

usually were held in the car at Terrell or witness” office in

Terrell (202); Green was designated as President until

about 1932 (203); Terrell was the headquarters of the Rail-

road and Green received mail there until April 1, 1928

(204); some time between 1911 and 1916, when the Texas

Legislature was contemplating some change in the income

tax law, witness, Colonel Green and Allen had a conversa-

tion and at that time they were trying to get him to change

his residence to Florida and all they ever got out of him

was ‘‘No”’ and a shake of his head (206) ; that in remodel-

ing the Commerce Street house they tore out everything

but the floors and rebuilt, and in the Elm and Griffith Street

building, Green had two floors under lease and probably the

roof (209); that witness registered once with Green in

Chicago at the Blackstone Hotel and Green wrote ‘*E. H. R.

Green, Terrell, Texas”’ (210). On recross-examination by

counsel for Florida, witness testified that the Star Island

home was entirely completed and landscaped when witness

was there; it was a large home (215) ; they were all homes

in that vicinity and Green had a landing place for his boat

(217); when Green was in Florida, witness addressed him

there about everything excepting the weekly Railroad re-

ports which went to his office, 111 Broadway, New York

(218). On recross-examination by counsel for Massachu-

setts, witness testified that the private car was owned by

the Railroad Company and not by Green (229). Counsel

woe:

- aS

<< t

9

agreed that the First National Bank Building in Dallas

was opened for occupancy September 2, 1918 (234).

Tuomas E. Cortey, of Terrell, Tex., testified that he first

met Colonel Green the latter part of 1892 or early part of

1893, shortly after he arrived in Terrell after the purchase

of the Northeast Branch of the Texas Central Railroad

(241). Witness was then connected with a private banking

institution called the Harris Bank; Harris was the owner

of the Harris Block or Harris Opera House, and Harris

had the opera portion of the Building remodeled to suit

Green’s wishes; a portion of the Building was converted

into general offices and the southern portion was arranged in

accordance with his plans for living quarters; the northwest

corner room was Green’s office, the adjoining room his bed-

room, adjoining this was another bedroom, then the dining

room, kitchen, bath room and hall; he had a cook and two

negro boys who served him as porters (242-3); J. B. Tartt,

the first auditor of the Texas Midland Railroad, and witness

occupied the bedroom adjoining Green ’s; Green was then

about 24 years old and heralded as the youngest railroad

president in the United States at that time (244) ; Green was

born in London, England, in 1868, and is buried in the

family burial ground at Bellows Falls, Vermont, where his

mother and ancestors are buried (245); he died at Lake

Placid, N. Y., June 8, 1936 (246) ; witness lived with him

for several years until he gave up his apartment; after-

wards he lived at the old Windsor in Dallas (246); then in

the upper two floors in the Elm and Griffith Street Building,

Dallas, Tex. (247); these rooms were fixed up comfortably

but not elaborately as a residence, equipped with dining

room, kitchen and sleeping quarters; he had servants there

(247-8) ; afterwards Green purchased the Commerce Street

Building east of the Municipal Building in Dallas, which

Was converted and re-arranged into a place of residence

for him in Dallas; he also hada suite of rooms in the Oriental

Hotel in Dallas at the time he was connected with the

Republican Headquarters (248); his private car was de-

signed to meet his needs and frequently occupied by him;

it was parked in Terrell and made available for his use

when he so desired (249); Green bought a tract of land

ar a

3 near Terrell and developed it into a farm—the Green

Demonstration Farm—improved it extensively and made

trips there (249); he occupied his car for living quarters

intermittently but very often; there were times when he

4 used it as much as a week or ten days up and down the line

: he spent considerable time in the study of astronomy; the

7 original car was burned and re-built; it must have been

i |

So

°

=

—s

a

°

i)

“

—_

a

“—

is)

®

nD

co

a]

—_

eo

|

=)

°

5

Zz

?)

°

—_

i)

=

2.

Q

La |

®

®

i=)

n

3

°

5

respects, mentally, physically and financially (257); wit-

(257); after leaving the Bank, witness was Treasurer of

the Railroad and afterwards took on the duties of Auditor

and Secretary (259) ; when acquired by the Green interests,

the railroad was in a bad state, was known as a ‘‘streak

ee ee erm 4 2S eS Dep

1]

of rust,’’ the roadbed was poor and it had little equipment;

it was about 50 miles long running from Garrett, in Ellis

County, to Robert, in Hunt County, and when sold to the

Southern Pacific in 1928, it was over 125 miles long and first-

class in all respects, had been ballasted from one end to

the other, had better bridges, first-class equipment and

heavy rails (261); the outstanding improvement in equip-

ment was the ‘‘Lone Star Special’’ which was completed in

St. Louis as the last word in railroad trains at that time;

it had electric headlights, was electrically lighted, had steel]

underframes (261); Green was the initiator of a process of

ballasting with black, waxy mud called burnt gumbo (261);

the railroad made no returns on the investment to the

owners (262); Green’s business activities in Terrell were

principally connected with the railroad, of which he was

a stockholder and director, and with the American National

Bank; he owned stock in the Terrell Cotton Oil Mil] at one

time and during the War subscribed at Terrell for $5,000,-

000 of Liberty Bonds; he also bought city, county and water-

works bonds ; Colonel Green was not a society man but aided

the baseball club and the military company, which was

named for him ‘‘The Green Guards and Zouvaes ;’’ he also

organized and took a leading part in the Terrell Minstrels

(263), and identified Tex. Ex. No. 2 as an advertisement of

this Minstrel show. When there was a bank panic in Terrel]

in 1893 or 1907, Green arranged a shipment of currency

through his mother from the Chemical National Bank (269) ;

in 1910 and 1911, when he said it was necessary for him

to go to New York on account of his mother’s illness to

attend to her business affairs, they were told to use their

best efforts in the operation of the railroad: witness saw

(ireen every day when he was at Terrell and kept in touch

with him and knew his whereabouts at all times when he

left the State; he saw him on his return always with the

exception of the time when he was in Marlin in 1935 (271);

after he sold his farm about 1904 or 1907, Green did not

come so often to Terrell (272); after 1910 or 1911, he came

down twice a year and witness saw him whenever he came—

the early part of the year was usually to attend the annual

meeting and make an inspection trip of the railroad and in

the Fall he came to vote in the Fall election and witness

has seen him vote in Terrell (274-5); Green was an ardent

Republican, quite active for years in Republican politics,

pteeseresrs acne nearest > armemeeeaee FTE TRE EAL NTT RENEE ANTE BA: Bm ———

be

12

being a National Committeeman (275); he was taken jl] at

the Adolphus Hotel, Dallas, about October 15, 1921, and

did not make his usual inspection trip of the railroad but

went back East; he was in such condition he could not walk

and had to be carried in a wheel chair (277-8); after that

witness visited him in New York, South Dartmouth and

Florida and saw him on his visits to Marlin, Tex.—in both

Marlin and Terrell usually and in Dallas frequently (278);

his health was poor and he had difficulty in getting around

(278); the last time he saw him in 1928 or 1929 was at

Miami, Fla.; visited him there twice (279-280); Green told

witness on the occasion of one of these visits that “the

recovery of his health was the prime object now and he

wanted to get well, and he had to be very careful in his

movements, and he wanted to do everything that would

enable him to recover his health” (280); he stated he had

missed the association of his Texas friends very much, it

Was a source of much regret that he was not able to see his

Texas friends as much as he liked due to his condition of

health (281); he did not want to be bothered with business

or anything that would occasion any worry on his part

(282); Green told witness on numerous occasions that his

dearest friends were in Texas, he said they were more or

less cold-blooded up East and after his money, that he ap-

preciated that his Texas friends were his real friends and

not continually harassing him or trying to separate him

from his money, that he appreciated their friendship and

they were very dear, close, warm, personal f riends, with

whom he was associated for years (282) ; witness mentioned

a number of these old friends as leaders in the business

life of Dallas, outstanding business men, most of them,—

many of whom are now dead (283-284); that Green’s in-

variable practice was to register from Terrell, Tex., at hotels

and witness recalls definitely that he so registered at the

Southern Hotel at St. Louis on one oceasion (284); from

February, 1903, when he became auditor of the Railroad,

until the sale April 1, 1928, with the exception of Federa!

control, in all reports to the Railroad Commission of Texas

and to the Interstate Commerce Commission, he was in-

structed by Green to put in his address or residence as

Terrell, Tex.; the reports were signed by Green personally

and were under oath (287-8); Green said repeatedly, on

frequent occasions, that his legal residence was Terrell,

OEE STEN IG BAM Te step nelle elite ae a ee]

13

Tex.; never heard him say it was in New York or other

place than Texas (289); ‘*T would say that he considered

Texas his home’’ (291); Green expressed himself as “‘very

fond of Texas and of Texas people, and he considered them

the best friends he had on earth; his best friends—those

friendships were formed when he was in his prime’? (292) ;

in 1917, after his marriage, on a visit to Galveston, witness

was on the ‘*United States” (292); Green was deeply in-

terested in the welfare of witness’ two daughters, sent them

to college and remembered them on birthdays and at Christ-

mas, Was generous and kind-hearted to them and they loved

him dearly; he bore the expense of their education without

any solicitation from them or witness (295). On cross-

examination by counsel for Florida, witness testified when

he first became acquainted with him Green was about 24

years old and told him that he had been connected with

the Louisville & Nashville Railroad for a time; there was

no time when he did not have a knowledge of railroads ;

he was pretty well equipped when it came to actual knowl-

edge (296-7); after leaving Terrell and coming to Dallas,

he finally fitted up quarters in the building that he bought

on Commerce Street and continued to live there until he

left Texas, with the exception of the time spent in the car

(298); the demonstration farm was sold just before the

Railroad was sold and Green had made disposition of his

other activities ( 299) ; after 1911, he came to Terrell, Tex.

twice a year, would stay a week, make an inspection trip

over the Railroad and return East, sometimes he would

come to Dallas to visit among his friends but did not stay

any particular length of time (301); at Marlin there were

hot wells and baths, sanitariums and clinies; Green was

greatly benefitted by the treatment received there; he said

it was about the only benefit he received from any source

and he came there for this treatment (302) ; witness did not

see him in Texas after he sold the Railroad and did not see

him in 1935, when he was there (304) ; ‘when he left in 1910,

our understanding in talking to him was that he expected

us to operate the Railroad without any financial aid from

him or his mother’? (304) ; in 1928 witness was a guest of

Green at the Star Island, Florida home (305); it was a

rather extensive edifice of the Spanish type—a very large

spacious home and had a great number of guest rooms,

elaborate furnishings, wonderful tapestries and every con-

itis ee CY natn aa PSR ane ae

14

venience, with typical grounds of houses of that character

in that section; the grounds were landseaped and there Was

a dock for the yacht (307-8) ; he had automobiles there for

himself and Mrs. Green (309); he had his secretary and a

young lady who took care of his stamps and several

servants—a fully constituted household (310) ; witness saw

him again in 1929; Green was a kindly man who endeavored

to make people feel in a good humor (311); those who

knew him liked him (312); witness has been with him at

the polls when he voted but cannot give dates prior to

1921 (313), but not after his illness (314) ; Green frequently

told witness he considered Texas his home (314) ; Green and

witness were very close friends and discussed many matters

of that kind but witness cannot remember just what the

occasions were (315); Green spoke of Texas as his legal

residence and when reports were made to the Interstate

Commerce Commission witness put in what Green said was

his legal residence (315-316). On cross-examination by

counsel for Massachusetts, witness said that Green had

quarters at a hotel in Dallas between the time he gave up

his bachelor apartment in Terrell and took up the Elm

Street quarters in Dallas; he never saw Miss Harlow there

and visited Green very seldom on Elm Street (317) ; witness

was married in June, 1902, and Green came to Dallas prior

to that; witness and his wife never called on Green at his

Dallas home (318); that he first met Miss Harlow about

1895 or ’6 upon a visit to Terrell (318); she was acting

as Green’s housekeeper at the Commerce Street house and

he heard that she was sometimes known as Mrs. Stanton

(319); witness visited Green at Round Hill two or three

times; Green was interested greatly in radio, had a broad-

casting station and was in close touch with the Massa-

chusetts School of Technology, had some students there

working at some scientific problem (320); he had an airport

planned but not developed when he was there (321); Green

was interested in his stamp and coin collections; he had

many varied interests (321); the South Dartmouth house

is a magnificent structure, it is well built and looks like it

ought to last through the ages; witness asked Green why

he made it so elaborate—why he built such a magnificent

home, and he told him that he and his sister had plans to

commemorate his mother’s memory in some way—to estab-

lish a school or some memorial for his mother; witness

thinks it is on the farm of some of his ancestors that came

over on the Mayflower; it is quite a historic landmark (322) ;

he got this opinion from talking with Green; has heard

him many times mention that his mother had been brought

up from childhood in New Bedford; he always referred to

his mother in the dearest terms; she frequently wrote him

and witness saw messages from his mother containing en-

dearing messages; she was fond of him and he reciprocated

it (823-4) ; witness identified his letter to Green of July 6,

1921, in which he said «] hope that you are enjoying the

comforts of the new home at Round Hill’ (329-331-2) ;

witness asked Green why he built such an expensive resi-

dence—you can call it home or residence, I do not know

how you designate it—why he put so much money into

the place that he could not need and witness’ recollection

is that he said he and his sister had planned to construct

a memorial to his mother in some particular way to com-

memorate her memory eventually—he did not say when

(333, 344-5). On cross-examination by counsel for Massa-

chusetts, witness testified he understood from Green that his

reason for leaving Terrell for Dallas was to get better

accommodations (338-9), Witness identified letter from

Gireen to his daughter, Prudence Corley, dated New York

City, November 10, 1921 (Mass. Ex. 11), in which Green

said ‘‘the trip home was made safely’? (352); Green had a

library containing a number of scientific books that he gave

to the Dallas Public Library at the time he left Terrell

(353); he was very much interested in the education of

young women in his later years and had perhaps 25

protegees that he was educating, among others, the two

daughters of witness, who went to Wellesley College (355) ;

they were then about seventeen or eighteen years old (356) ;

Green bought dresses by the carload and when they were

ut his house he would let them take their choice; he had

dresses, jewelry and other things that he gave the girls on

their visits to him; he kept order forms from which he

ordered the dresses (358-9 and 362-6) ; after the sale of the

Railroad, witness wrote to Green about an application with

a banking institution in which Green was interested, to

which Green replied that the only banks in Texas in which

he had any interest were the American National Bank of

Terrell and the American Exchange National Bank of

Dallas, and that he took no active part in the management

of either and his interest was nominal (367-8); witness

testified that the annual meeting of the Railroad was held

eter sett cr ene om Te PLP oY

ms :

i 16

on the second Tuesday of May, which would fix the time

of Green’s Spring visits; witness could not state definitely

he came twice a year after 1921. On cross-examination

by counsel for New York, the witness testified that Green

was Commissioner of the World’s Fair in St. Louis in 1904

and it was about that time he registered in St. Louis (371);

to the best of witness’ knowledge and understanding, Green

spent his Summers at South Dartmouth and his Winters

in Florida and during a portion of that time he maintained

a suite at the Waldorf-Astoria in New York City, after.

wards at the Sherry-Netherland (373) ; witness understands

a man can have a number of homes at the same time but

not being a lawyer he is unable to distinguish between

temporary and permanent residence (374); Green had a

flair for publicity and was doing everything to increase the

business of his line and to make friends and may have

started the military organization at Terrell with that in

view (375). Witness identified N. Y. Ex. No. 1, a card

dated August 1, 1916, reading ‘‘Kindly change my address

to No. 111 Broadway, Room 1104, New York City. Old

address: 7 West 90th Street, New York City, N. Y., E. H. R.

Green.’’ (378)

Witness also identified N. Y, Ex. No. 2, addressed to him,

announcing the marriage of Miss Mabel Emerson Harlow

to Edward Howland Robinson Green on Tuesday, July 10th,

1917, at 102 Sheridan Road, Highland Park, Illinois (380).

He further testified that the suite at the Oriental Hotel was

primarily for political purposes (388-392) and the car

primarily for Railroad affairs (389) ; that he saw Green at

the Waldorf-Astoria in New York after 1911 but only

remembers that he had a nice suite there (394) ; never saw

him at 5 West 90th Street or the Sherry-Netherland (396);

after Green left, the affairs of the Railroad were in charge

of Mr. Wells, Mr. MeKay and witness, directly under Green,

to whom all reports were made ( 398) ; witness has seen his

collection of stamps, coins and paper money but not the

entire collection; that Green derived a great deal of pleasure

from it (398-9). On ecross-examination by counsel for Mrs.

Green, witness stated that Green liked to talk about his

Texas friends and on various occasions stated that ‘‘he

would always consider Texas as his home’? (401). On

recross-examination by counsel for Florida, witness said

Green was interested in automobile races and in the races

at Ormond Beach, Florida (403-4); that prior to Green

coer

17

becoming ill in 1921, he had been very active in a business

way, with business ventures, in helping the community

where he lived; that after 1921, he stated to witness that

his prime object in life was the recovery of his health

(404) ; that on his visit to South Dartmouth, witness asked

Green what his purpose was in erecting a building of that

character and Green told him that he and his sister had

planned, eventually, to leave it either for some girls’ jn-

stitution, or something like that, to commemorate his

mother’s memory; that along about that time he and his

sister had given $500,000 to Wellesley College, and they

erected on the campus a hall bearing Mrs. Green’s name

us a commemoration, and he told witness they had that in

view—they had plans, ultimately, but he did not say when,

where or how (405-6). On redirect examination by counsel

for Texas, witness said he recalled that on the yacht ‘United

States’’ the words ‘*Galveston, Texas”’ appeared, in ac-

cordance with Green’s desire regarding the registration of

the boat (408-9). On recross-examination by counsel for

Massachusetts, witness testified that Mrs. Hetty Green died

July 3, 1916, and these changes from 7 West 90th Street

to 111 Broadway, New York, were changes in the office

address (411-12),

Wituiam Mapison McDownaup (colored), known as

‘Gooseneck Bill,’’ of Fort Worth, Tex., private banker,

testified that he was President of the Fraternal Bank and

Trust Company, of which he was formerly owner (419-20) ;

that he was born in Terrell, Kaufman County, Tex., at-

tended public schools and Roger Williams College and

afterwards taught school at various places in Kaufman

County; that in 1885 he became interested in the Masons

and other fraternal organizations which carried him all

over the State into any county where the colored people

lived; that he is now 71 years old and became interested

and active in Texas politics in 1890; in 1895 he was the :

dominating member of the Republican Executive Commit-

tee (422); (witness further described his political activi.

ties) (422-431); that Colonel Green lived in Terrel] and

Witness lived at Forney, twelve miles west of Terrell; that

Green paid Mr. Canon $75 for getting him his place as a

2—11, Orig.

os Sa

WM SSE SIT as

* gS DOT Eee

a

delegate to the National Convention; that Green thought

witness had asked for $7500 and gave him a check for that

amount and when he was told it was only $75, Green tore up

the original check and made out a new check for $75 (431);

that this made two delegates from Kaufman County, Tex,

which was very unusual (482) ; that Green contributed $1,-

000 to the Campaign Fund; this was Green’s entrance into

Republican politics in Texas in 1896 (432) ; from then until

1928 Green continued interested in polities and the Repub-

lican Party, if giving money to carry on the work and

running it meant anything, then he was interested (433);

Witness removed from Forney to Terrell in 1896 at the

request of Green, who had been elected State Chairman

and wanted him near him (433); they were not able to

seat the Texas delegation to the National Convention; in

the Summer of 1896, the Republican Party held a State

Convention at Fort Worth (454) ; Green represented Kauf-

man County in that Convention with witness (440); that

there has never been a Republican in Texas more popular

than Green (441); at the State Convention at Fort Worth

in 1898, Green was elected State Chairman of the Exeeu-

tive Committee (441); in 1900, witness and Green were

delegates from Kaufman Congressional District to the Re-

publican Convention at Waco, Tex., in March, 1900 (442);

Green was named a delegate to the National Convention in

ISYU (443); Green was elected Chairman of the Executive

Committee of the Republican Party of the State of Texas

| in 1896 and re-elected in 1898 and 1900 (450); in 1896,

4 Green was listed in Winkler’s Platforms of Political Par-

; ties in Texas as the representative of Kaufman County in

the 1896 Convention (451), and in the same book he is

given as the representative of Kaufman County at the 1898

| Convention held at Forth Worth (454) ; in the faction fight,

the faction opposed to the Burns-Ferguson faction was

known as the Green-MeDonald faction—that is Colonel

Green and the witness (493) ; in 1900, Green was named as

a delegate to the National Convention by both factions

5 (454); in the Republican Platform adopted at San Antonio

; in September, 1900, there was a commendation of the work

of Green as State Chairman during the preceding four

years which witness had written and in which it was stated

“we commend most heartily Mr. Green’s administration of

party affairs and express the hope that he may yet be in-

18

3

3

}

TAS Oa tr hte) we)

19

duced to reconsider his announced purpose not to be a can-

didate for re-election and consent to accept another term

as State Chairman’’ (456-7); at the Convention at Fort

Worth in 1902, Green was made permanent Chairman (457-

$); in 194, there was a State Convention at Dallas, in

which Green was Chairman of the Committee on Resolu-

tions (409); there was a split and two Conventions were

held; Green stood with the Hawley and Lyons factions and

the Black and Tans held a Rump Convention and Green

was on that as a delegate too (460) ; that Green did not go

to every Convention, he was in the Adolphus Hotel at Dal-

las when he was nominated for Governor at the Houston

Convention in 1906; Green wired witness at Houston that

he had received a telegram from his mother that he must

not accept any political nomination (463). Counsel for

Texas offered and read Tex. Ex. No. 3, a letter from Mrs.

Hetty Green to Colonel Green, reading ‘‘My dear son—

The compliment your great and adopted state has tendered

to you, | know you will not forget your Mother who needs

& demands your assistance part of the year. In haste

loving your Mother Hetty H. R. Green Bellows Falls Aug

27th/06"" (466).

Witness further testified that the Green-McDonald fac-

tion was active until 1928, when it elected its delegates in

the usual way (470-1); witness and Green had an agree-

ment that in the event their delegate was seated in the Na-

tional Convention Green would bear one-half of the ex-

penses and witness the other half—about $23,000; Green

paid one-half and witness the other half but they got

knocked out and nothing came of it (475); that they then

bolted and Green and witness went for Al Smith; that

Green did not tell witness he would not further participate

in Texas polities (476); Green told witness he did not want

to be on the National Committee because he would have to

be moving around, going up steps, ete., and he wanted wit-

ness to use his stamp as he had done which would give

him the publicity, and ‘‘he wanted to go back to Texas

and make this his home, and he could attend to that if I

would see that his office was run as it had been when he

was State Chairman before”’ (477) ; that from 1896 to 1928,

it was witness’ privilege to go to Green’s room, ride

around in his car with him; that he went to lunch with him

in his office in the Trinity Building in New York City; was

IPP aR. OOS OM ITE RO CS . ;

WT

oe

wok aot 1 lke oe

20

with him two days in 1920 (478); never saw him at his

Summer place; Green told him he was building some sort

of a *‘contraption’’ with a lot of rooms and wanted him to

come up and see it but he never has (479); never went to

his Winter home in Florida; Green told him he was build-

ing a home on an island and wanted him to go down there;

he told him he was going to come back to Texas and build

him a home somewhere, that the climate was such that he

could not get around in Winter—he would slip, could not

walk on the icy paving or freezing sidewalks and he was

coming back and that was the reason why he wanted to be

National Committeeman so that he could have something

to engage his time; he said that that was the only posi-

tion that he went after that he got and really wanted (479-

480); when Green had the Elm Street quarters in Dallas,

Tex., witness went up there two or three times a month and

played cards with him; Green Stayed out of local polities

but backed Mr. Colguitt in electing a Mayor of Dallas at

one time (480); Green elected Colquitt to three different

positions ; when Colquitt ran for Governor and was elected,

he put Green on his staff as First Colonel—that is where

he got the title (480-2) ; Colquitt lived in Terrell and was

Editor of a paper there; he was elected Railroad Commis-

sioner of Texas about 1908 and Governor in 1910 (483) ;

Witness supported Culberson for Governor in 1896 (483) ;

Green's policy was if he could not replace Democrats with

Republicans he would preter to elect the best Democrat

(454); while the Conventions were on Green would leave

his railroad business and attend them, living in his pri-

vate car, watching and shaking hands with the people; the

people liked him because he was democratic (485); he

mingled in all classes of society in Texas (486 ); beginning

in 1896, Green drew two or three $25,000 checks, which

were cushed and the money spent (487); when Foraker was

running for the nomination in 1908, Green told him he gave

the National Campaign Committee $50,000 (488); in 1912,

the Green-McDonald faction succeeded in seating its dele-

gates to the Republican Convention; they were committed

to William Howard Taft and in 1916, the Green-McDonald

faction were seated and Were all in favor of Mr. Hughes,

Who was nominated unanimously; in 1920, the Green-Me-

Donald faction was for General Leonard Wood, who was

the personal choice of Green (490-1); in 1916, Green said

7

21

his mother had just died and he did not care to be in the

limelight (491); in 1920, he did not attempt to get any

office; in 1924, there was no contest in Texas but his fac-

tion voted for La Follette (493) ; from 1896 to 1900, Green

was the absolute boss of patronage in Texas (493-495) ; Wit-

ness had been in Green’s private car from the time he first

got it until he left Terrell (496) ; it contained a desk for

himself and his stenographer, a big stateroom for himself

and one for his guests, place for the porter and cook (496-

7); witness has been in that car all over Texas and to St.

Louis; Green went all over Texas and into Mexico, to the

Northwest States and followed the Ringling Brothers show

(498-9) ; last time he saw Green he said he was not what

he used to be, his leg was giving him trouble and he was

not well (498-9); Green, when he first saw him, was about

six feet, four inches tall and weighed about 250 pounds;

the last time he saw him was at Marlin and he was in bad

shape (499-500) ; in 1935, when he was in Marlin, he called

up on the telephone and Mrs. Green told him the Colonel

was desperately ill and the doctors prevented any one from

seeing him. On cross-examination by counsel for Florida,

witness testified that he first met Green in February, 1896,

and knew him from then on; witness bought the Bank in

1912 and sold it in 1930 (503-4) ; never saw Green in Texas

after 1910 more than twice a year (505); Green was not

living in Texas when witness sold his Bank in 1930; wit-

ess thinks he had a Summer home in Massachusetts, a

Winter home in Florida and probably a business office in

New York (506); the last time he saw Green in New York

was in 1920 and before that when witness was in polities

le Was up there nearly every month; had lunch with Green

in 1920 in his apartment; on that occasion he stayed there

about twelve days (507); the last time Green was connected

with politics was in 1928 and the last Convention in the

State that he participated in was in 1908 (508) ; after 1908,

he and Green conferred over the telephone about political

matters (509); he kept in touch with him to get the money

to campaign for Green as National Committeeman (510) ;

in 1896, Senator Quay and not Green put up the $30,000

subject to witness’ check; Green gave $1,000 to the same

fund subject to his check (911); in 1898, Green put up

about $30,000 subject to his check and in 1900, witness drew

what he wanted; in 1902, he put up about $15,000; in 1904,

7 OY Oe rence a etn et ee i

———

oo

—

about $20,000; in 1906, about $10,000—that was the last;

all were subject to witness’ check (512-514) ; the last time

he drew on him in 1928 he got one-half of $23,000 (514.

015); in 1920, when he was in New York, Green gave him

$29,000 in cash in $1,000 bills and witness brought it to

Texas (515); in 1928, witness drew on him through his

Bauk for $11,000 and he honored the draft; he was as

friendly with Green as a negro could be with a white may

(916); he only bought the delegates the first year 1896,

when he was first elected State Chairman—never after.

wards (517); he saw Green once or twice a year between

1911 and 1927 and at Marlin, Tex. in 1930 (919); never

sew him in Texas between 1927 and 1935 (520); Green

told him he was building something to commemorate his

name or his mother’s name and there would be 100 rooms

in it; that he was going to turn it over to some eleemosyn-

ary institution (520-523) ; in 1920, Green told him he was

going to build a Winter home in Miami, Fla. (523). On

3 cross-examination by counsel for Massachusetts and Mrs.

; Wilks, the witness testified that from 1896 Green was front-

page news in the Texas papers (528); that he entered

Green's employ in 1897 and continued until March 4, 1909,

and was paid a regular salary; that he was in his employ

4 when he wrote the resolution adopted by the Convention

, Which was read into the record (929); in 1900, Green was

seated as delegate to the National Convention but witness

Was not (030); witness was known as **Gooseneck Bill”

(931); (witness gave further details of the political activi-

ties of Green from 1904 to 1928 (582-3). Green was never

elected to any State office in Texas ; he was nominated once

but immediately withdrew (535); after 1906, Green never

attended any more State or National Conventions and was

never on any Conunittees thereafter (538); from that time

on Green furnished the money and witness the activity

(43-4) ; on the oceasion when Green was interested in the

Dallas Mayor Campaign and was living at Elm and Grif.

fith Street, he told witness there was some talk about him

living with a common-law wife, in the open against the

sentiment of the town, that they were going to “run him

out’? and Miss Harlow had to g0 several times to Chicago

and stay a month (949-548) ; that Green said he wanted to

live in Texas; Mabel is not satisfied to live here under this

cloud of all the officers who would come down and inter-

NLT hal OD ie Wa CRT Nii a ES i Bit

23

fere with them—something of that kind (545-9) ; on another

occasion when he was up there in 1920 he said he was going

back to Texas but Mabel did not want to go back to Texas

(501). On redirect examination by counsel for Texas, the

wituess further testified that at the time Green told him he

was building something up in Massachusetts he said,

‘There is where Mabel wants to live and { am not going

to live there, and the reason is it is too cold for me up

there; I cannot get around,”’ and he further said, ‘‘] would

rather live in Texas than any place on earth, and I am

going to get me a home in Terrell and I am going to build

me a house in Terrell; I am going to have me a summer

home in Florida and escape this cold—J cannot stand it”’

(902). This conversation occurred in 1920; that Green

said he could get the nomination as Senator from New

York if he would make his residence there but he said he

would uot do it (553) ; that he told him he had adopted four

Spanish or French girls, had given them an education and

would give them $250,000 when they became of age (553).

Wilks Ex. No. 1 was received in evidence, being a letter

dated February 10, 1921, to Harry Beck, of Dallas, Tex.,

signed *‘E. H. R. G.”” reading ‘‘Replying to your tele-

gram of the 9th—I am entirely out of touch with the politi-

cal situation in Texas and at present I cannot say definitely

whether I shall be in town the 21st, it is too far ahead”?

(561); that this was in reply to a telegram from Beck to

Green at New York City February 9, 1921, reading ‘‘ Must

confer with you on Texas political situation; will arrive in

New York February twenty first wire if you are to be out

of city as I will come on if I do not hear from you by Feb-

ruary eighteenth’’ (Wilks Ex. No. 2) (563).

The witness further testified in response to questions by

counsel for Texas that Harry Beck was a member of the

State Executive Committee at that time and wanted to get

Colonel Green to back up his Black and Tan organization

(564-5); that witness and Beck went to New York in 1920

to see Green (566) ; that Beck was a white man and has re-

cently been in a serious automobile accident.

F. B. McKay, of Dallas, Texas, District Freight Agent of

the Southern Pacific Railway, with headquarters at Dallas,

Texas, testified that he had been employed by that Company

a

24

since April 1, 1928; prior to that from October 1, 1894, he

was employed by the Texas Midland Railroad, first as clerk,

afterwards as Freight and Passenger Agent ( 571) ; that he

was then living in Terrell, Tex., where he resided for 33

Agent in 1902 (572); that Green first appeared on the

scene in 1893; the Texas Midland Railroad then intersected

the line of the Texas and Pacific at Terrell, Tex., ran to

Ennis, Tex., about 32 miles, in a southwesterly direction

(573-4), and ina northeasterly direction 52 miles from Gar-

rett to Roberts, in Hunt County, the terminus (575); at that

time the Texas M idland was a “‘road running from nowhere

to nowhere’’ (577); that the original line of 52 miles from

Garrett to Roberts was built by C. P. Huntington and was

intended as a feeder to the Houston and Texas Central

Railroad; the latter road went into receivership and this

branch came into the possession of Mrs. Hetty Green, to-

gether with another small branch extending northwest in

the direction of Waco; both branches were originally jn-

tended as cotton feeders for the Houston and Central; with

these two pieces of Railroad on her hands and no traffic

sufficient to maintain them, Mrs. Green sent her son, E. H.

R. Green, to Texas and his first act on arriving there was

to sell the branch that extended to Waco ( °78); he then

applied himself diligently to rebuilding the branch from

Garrett to Roberts to make it self-sustaining: he changed

the point of connection with the Houston and Central from

Garrett to Ennis in 1894 and that same year extended the

road on the north from Roberts to Greenville, approxi-

mately fifteen miles (579); Greenville had three roads and

4 population at that time of about 5,000 (980); in 1896,

Green acquired trackage rights over the Cotton Belt from

Greenville to Commerce, approximately fifteen miles, and

the same vear built an extension of 37 miles from Com-

merce to Paris, giving him a total mileage from Paris to

Ennis, including the Cotton Belt trackage of 125 miles

(581-2); Paris then had a population of 10,000 and Com-

merce about 2,000; Commerce was the junction point of two

divisions of the Cotton Belt; that Paris was the junction

with the St. Louis and San Francisco, known as the Frisco,

the main lines of the Friseo from St. Louis to Paris, the

main line of the Texas and Pacifie and the secondary main

line of the Texas and Pacifie from Texarkana to Fort

Worth (589) ; the main line of the St. Louis and Frisco line

ea ey ete es

SU el hie ty. t

25

from St. Louis to Paris, a distance of about 600 miles (583) ;

Green built the connection with the St. Louis and Frisco

to make a line to the Gulf Coast (584) ; this plan for a Gulf

Coast line collapsed (585) ; there was no further extension of

line mileage on the Texas Midland after that (585-6); but

after the termination of Federal control in 1921, Green

built about fifteen miles between Greenville and Commerce,

Tex., to replace the trackage arrangement previously had

with the Cotton Belt (586); in order to place the property

in better shape for sale he built this gap at a cost cf some-

thing like $500,000 (587); Green lived in Terrell about a

year before witness went with the road in 1894; from then

until 1911, he devoted the major portion of his time to the

operation of the road and the officials of the road kept con-

stantly in touch with him; he was exceedingly active in

developing the territory to increase the tonnage (588-9);

when Green became the President, it was a very decrepit

piece of railroad (592); he bought complete new equip-

ment in the form of engines, passenger and f reight cars, es-

tablished the finest passenger equipment of any road in

the Southwest, substituted heavier steel rails, ballasted

with a new form of ballast called burnt gumbo, a clay-like

material, put in steel bridges and built station houses

(593); put on larger cars and a complete passenger train

forming part of a through passenger equipment train oper-

ating between St. Louis and Galveston; the train was

known as the ‘‘Lone Star Special’’; it was the first train

operating in the South with an observation-sleeping car or

observation-sleeping cars and cafe lounge cars; he intro-

duced the electric locomotive headlights in Texas; he

brought the first gasoline-electric motor cars South, after

the automobile had become a factor in transportation: they

were said to be the finest cars at that time operating in the

United States and had a seating capacity of 100 passengers ;

they were propelled by electricity, generated by gasoline

engines on the cars and capable of a maximum speed of 65

miles an hour (594); the passenger service originally con-

sisted of two trains each way daily and the encroachment

of highway competition reduced it to one motor car each

way daily (595); the highway competition reached its peak

in 1915 and it was estimated that 40% of the local passen-

ger and freight traffic had been diverted to the highways

and was never recovered; Green introduced gadgets for

opening windows, vestibule cars, experimented with a cool-

Qpreereeeeeresenerreeenenamemenimmanes LF PETITE SRE IO AD AB ARES teh ———

%

; 26

4 ing system and ran short excursion trains to bolster y

passenger business; that as the result, the Texas Midland

¢ was looked upon as the best equipped short line in the

Southwest (595-6) ; (Tex. Ex. No. 4 was admitted to show

‘ Green’s interest in Texas and his railroad activities (599.

610). Between 1893 and until the sale in 1928, the Railroad

had an outstanding character as a one-man railroad and

Green was that man; Green’s living quarters in Terre]

at the time witness went with the Railroad were in {he

Harris Opera House on the main business street (611);

he also operated a demonstration farm of about 200 acres

in Kaufman County four or five miles from Terrell (612);

it was devoted mostly to the cultivation of cotton, chickens,

pecans and flowers (613) ; in 1903, the Mexican boll Weevil

had extended into Texas and devoured the cotton crop to

an alarming extent; Green became much aroused and at

his own expense established this experimental farm and

turned it over jointly to the Federal and Texas Agricultural

Department, provided equipment and actively encouraged

experiments to combat the Weevil; as a result, joint bulle-

tins were issued recommending early-maturing North Caro-

lina cotton seed, which was adopted generally by farmers

throughout North Texas; the principal co-worker wag

Dr. 8. A. Knapp, formerly President of the Iowa Agrien|-

tural College; he was the first General Field Agent of the

Federal Agricultural Department (618-615); this was the

first demonstration farm ever established (616), and cost

Cireen about $75,000 (617) ; the cultivation of flowers at Ter-

rell led to the organization of the Green Floral and Nursery

Company, engaged in the wholesale flower business, capi

talized at $150,000 and earning 15% (618-19); Green or-

ganized a professional baseball team for the promotion of

passenger business over the Railroad; his private car

known as ‘‘Lone Star”’ or “999” was kept at the shops in

Terrell when not in use; when used by Green it Was either

parked at Terrell or some other station on the Texas Mid-

land Railroad or at Marlin (620-1); Green remained in

the car three or four days and nights in succession—the

average time spent on the car was three days per trip; wit-

ness was with him on all inspection trips, which were

made usually twice a year during the time his health per-

mitted it (621); prior to 1911, Green made frequent trips

on the car and frequently occupied the car when he did

not make any trips; witness occupied the car with him

Pe TEP ULE ALE AW CITB ty AEDS Wee CE

27

every night when no trips were made; it was usually parked

across from the station at Terrell and was used Ly Green

as a combined residence and office (622-623) ; about 1900,

Green acquired living quarters at Dallas but was in Terrell

every day; at the time he took over the Railroad operation

he made Terrell his headquarters and established the shops

at Terrell; he was very explicit in requiring that Terrell

be shown as his place of residence in preparing any affi-

davits or reports for the Interstate Commerce Commission

or the Texas Railroad Commission (623-624); in 1911,

Green informed witness it would be necessary for him to

spend more time in the East because of his mother’s ad-

vanced age and illness; prior to that he made one or more

trips Kast but never relaxed his close control of the Rail-

road prior to the sale in 1928 (625-6) ; ‘*we reported to him

on the most minute matters and he personally inspected

the Road usually twice a year;’’ about 1911, Green made it

plain to witness and his two associates in the operation of

the Road that they would have to make the Railroad float

or sink with it, that he would put up no money for its opera-

lion (627-8); witness tried to interest connecting carriers

in acquiring the Railroad under a lease by Green’s instrue-

tions and a lease-contract was negotiated with the Southern

Pacifie which was suspended by the taking over of the

Railroad under Federal control in 1918 (627-30) ; the Rail-

road was returned in 1920 and at Marlin in 1921 or 1922,

when he was there for the first time, he instructed witness

to resume efforts for the disposition of the Road and it was

finally sold to the Southern Pacifie in May, 1927, effective

April 1, 1928, (629-630; 632-3); in 1915, when Green found

they could not successfully meet highway competition, he

instructed witness to find a lessee for the Railroad (635);

the proposition of purchase was made to him in 1927 by

the Southern Pacifie; Green made no effort to sell and at

one time thought of putting his busses and trucks on the

Road (636); at one time he considered taking up the tracks

and converting the roadway into a high speed toll road

and finally decided that the best solution was to try to pass

the burden to one of the connecting systems (637); in

August, 1928 or 1929, witness and Mrs. McKay were guests

of Green at South Dartmouth and when witness commented

on the size of the house, he said ‘“‘he probably would con-

vert the house into a home for old couples’’ (637-8) ; after

1915, his health was the chief concern; Green said in sub-

»

ilies itt Ee Ie ee ae aces,

—— or

28

stance that he had ‘‘one home for the Summer time, on

home for the Winter time and he would not Stay in Massa

chusetts during the Winter season; he would not Stay ir

Florida during the Summer season’’ (638); “I tried or

several occasions to interest him in acquir‘ng at Marlin ; due

to some five or six annual trips that he made there, his life

was undoubtedly prolonged by the treatment—the effec

of the hot mineral baths at Marlin” (639); witness was

responsible for him going to Marlin; he received a tele.

gram from Green in 1921 asking him to investigate Texas

resorts, of which there were a number, and he did so and

recommended Marlin and was directed to make a reserva-

tion for Green and his wife; at that time he was in such

condition he could not bend his knee and they had to put

a blanket down on the steps and slide him down to get him

out of the car and into the wheel chair (639-640) ; he stayed

there two or three weeks and walked when he left; witness

urged him to acquire a home there and other friends did

likewise; his reply was the idea struck him all right but he

did not feel the condition of his health would permit him

to make the long train trips to Marlin—he could not stand

the long train trips to Marlin (640); about the latter part

of 1900, there was a replica of the New Orleans Mardi gras

at the Dallas State Pair and Green was the caliph (641);

that witness knew of Green’s connection with the American

Nxchange Bank of Dallas, his interest in the Texas Bithu.

lithic Company, the Uvalde Asphalt Company and his pur-

chase of highway bonds of Kaufman County and State of

Texas Water Works (643); (Tex. Ex. No. 5 Was given in

evidence to show that Green subscribed $32,800 to the Texas

Bithulithie Company (645-6). Witness further testified

that Green expressed the thought that the lignite deposits

of Texas represented one of the most important mineral

resources of the State and installed in the shop at Terrell

a lignite gas machine as motive power for the operation of

the shops (646) : he was instrumental in drilling a number of

oil wells and invested in the Murray Company which drilled

a number of offset wells (647-8); also in the Dallas and

Osage Oil Companies (649) ; he had geological maps show-

ing the possibility of oil along the line of the Texas Mid-

land and encouraged drilling, and some miles east of the

Railroad oil was discovered ( 650) ; he became interested in

the American Round Bale Cotton Company of Boston and

either directly or through his mother financed the construc-

EAE LEER RATES ORL RI A lt: RON a EY DL LEE EEE RC et Pe SR et aie

29

tion of ten round bale gins along the line of the Texas Mid-

land; but it was a mistake because all of the cotton pro-

duced in Texas is based on the square bale method, millions

of dollars were involved in the gathering of cotton, the

baling of it and the compressing of it until the time it is pro-

duced until it is put on board the ship, and it is said that

fifteen men on an average live on one bale of cotton from

the time the farmer puts the seed in the ground until the

bale is put on board the boat; that in introducing the round

bale method, Green was going up against all the invested

millions in the square bale method, was putting a good many

men out of employment; so much so that those ten gins in

due course of time all were destroyed by fire (652 ); that

was around 1905 (653); Green collaborated with one of the

oil mills to refine cottonseed meal so that it might be used

“for human consumption; that was between 1905 and 1911;

this was mostly educational propaganda to get the people

to eat the meal; he also on his demonstration farm near Ter-

rell experimented on a small seale With terracing of land

to prevent erosion (654-655) ; there were two distinct peri-

ods in Colonel Green’s life—the first period 1911 was the

breaking of his mother’s health and in 1915 he became con-

cerned with his own health—an interval of four vears—and

in 1921, when he really did become alarmed (656); from

1918 to 1920, witness was out of touch with him (658); in

1915, witness had a conversation with him in which he said

that he considered his real friends to be in Texas (659) ;

they would get what they called an itinerary of his move-

ments from his secretary, Walter Marshall, who would out-

line in advance what his movements were, when he would

be in Massachusetts, Florida, New York and Texas (659) ;

“his coming here was always a matter of much rejoicing

when we would get to him before his health got so bad”’

(660) ; we usually met in the hotel at Dallas and afterwards

at Marlin; Mr. Wells, Mr. Corley and witness usually met

him at the depot and getting away from him was a task;

that continued from 1911 to 1917 or 1918, but after 1915

witness could see a change because of the concern he was

giving his health (660); Green never made fun of Texas

people; he had a private box in the polo grounds in New

York and said when he invited a party of friends from the

Chemical Bank to go to the polo grounds usually there

would be some man in the party who would spring a busi-

hess proposition on him sometimes in the most thrilling

(Gyptnnesemeseeeerr seem nonanee sem snesieiaihideinetetee tithe aces —y

part of the game (661); he never said or indicated that he

had changed his Texas residence (662); his mail continued

to be received at Terrell until he sold his Road and is oe.

casionally received now (666); Green gave handsome cifts

to witness and other friends (667); Green’s apartment in

Terrell was called the Green Flats; between 1894 and 1911,

Ke made regular trips between Dallas and Terrell each

year (668) ; witness has no recollection of ever having heard

him refer to any other State than Texas as his residence

(669); Green always seemed overjoyed to get back here:

he always called Terrell, Tex., his residence up to the time

of his death and never told witness any other place was his

residence (670). On cross-examination by counsel for Flor.

ida, witness testified that the stock of the Texas Midland

was owned by the Westminster Company from 1911 on—

one-half by Hetty Green and one-half by Colonel Green and

prior to that time by Hetty Green (675); that she sent her

son down to look after her Railroad: he was then a young

man in his early twenties and not experienced in railroad

operations; that other than the loss of a leg in childhood

he was energetic and healthy and very much interested in

everything that pertained to the development, the building

and extension of the short railroad and to the building up

of traffic (676) ; he gave all of his time to it, acquired simple

living quarters in Terrell, had no wife or household; later

on, he acquired sleeping quarters in Dallas but had no wife

while living there (677) ; in Dallas, he had an apartment—

not an office; he never had an office in Dallas or any other

town in Texas except Terrell (678); his secretary never

lived with him in Dallas; the building in Dallas had been

converted into an apartment: to the knowledge of wit-

ness, neither his mother, sister nor kinsfolk visited him

while there (679); the demonstration farm, boll weevil,

flower gardens and other activities were prompted almost

completely by the desire to divert traffic on his Railroad

(681) ; Green said to witness and others on many occasions

that the basis of his experiments was that he could afford

to experiment along untried ways that the ordinary man

could not afford and that always the object was to point

out the way by which better things might be done to help

his fellow men (682); Green lived this life up to 1911 and

kept in constant contact with his mother (683); the exten-

sions of the Texas Midland were made from funds supplied

by his mother or by the Westminster Company in the Green

SRE SRS aN Re Neo TURNS RERUN Oe eS SR WENO TIN RTI ay Fh RA MEE oe

31

ownership (684) ; in 1911, Green said his mother had asked

him to devote more of his time to her welfare and he went

back to New York and gave most of his time to her business

(685) ; by 1911, the demonstration farm and flower gardens

had been sold (686); but he was still interested in the pro-

duction of oil in Texas and Oklahoma (687); after 1911, up

to 1915, his usual movements were trips from the East to

Texas twice a year—in the Spring to attend the directors’

meeting and in the Fall for an inspection of the Railroad;

the average stay on each trip was about two weeks: his

time was spent between the Adolphus or old Oriental Hotel

in Dallas and his private ear (688); in 1915, the change

occurred because of the development of highway competi-

tion which made the short-line railroad increasingly difficult

to operate and his apprehension regarding his health (689) ;

witness recommended that they engage in bus and truck

operations over the competing highways but he finally in-

dicated that his health would not permit him to experi-

ment in new directions (692); the thing that was upper-

most in Green’s mind from 1920 was his own health (694-5) ;

1922 was the first year witness saw him after the Railroad

was returned (695); he saw Green and his wife after their

marriage on the yacht ‘‘United States”? at Galveston (696-

7); Green did not take his wife to any house in Texas that

he owned after their marriage (697); witness engaged an

apartment in the hotel in Marlin in 1929 for Green and his

wife (699) ; the usual course of baths was thirty days and

the arrangement he made for him was for that purpose;

after finishing the baths, Green and his wife came to the

Adolphus Hotel in Dallas, remained there not over a weck

and then went to New York (700); on that oceasion when

he arrived at Marlin he had to be lifted out of his private

car and when he left he walked from the hotel to the depot

(701); the next time he saw Green was in April, 1924, at

Marlin (702); he made the arrangement at the hotel there

for the period Green was to take the baths; Green’s eondi-

tion then was virtually the same as in 1922, he had to be

assisted from the train, he could bend his knee, but had

to be conveyed from the depot to the hotel in a wheel chair

(703); Mrs. Green was with him and they went from there

to the Adolphus Hotel, Dallas, staying not over a week

(703) ; on this second visit to Marlin in 1924, witness tried

to get Green to buy a home in Marlin; Green had him

look at several houses there and report prices to him; Green

OS OCD

FWA MN OP

a

32

made no investigation himself (704-5); witness saw him

again at Marlin in 1925 under the same circumstances ; when

he finished taking the baths he came to Dallas, spent a week

at the Adolphus Hotel and then left Texas ; witness met him

on each trip under the same circumstances but is not sure

about 1926; he saw him in 1927, when he spent two

weeks or longer at Marlin and stayed not over a week

at the hotel in Dallas (705-7); the next time he was in

Texas was in 1935 but witness did not see him that year:

that in 1929, he and his wife were guests of Green at South

Dartmouth (708-9); this was in August; they spent one

day, saw the airport, bathing beach and he was told by

Green that there were large crowds there on occasions, and

when he asked him why he had such a large house, he said

he intended to make it a home for old couples; Green did

not speak of his sister on that occasion but said the prop.

erty had been in his family for several hundred Years; the

building had at least 25 rooms and leoked like a small

hotel—it was a tremendously large building (710-12). On

cross-examination by counsel for Massachusetts, witness

testified that he could not make a distinction between official

headquarters and residence, but the railroad law of Texas

requires certain officials, including the President, to main-

tain their headquarters at the point where the charter fixed

the headquarters of the railroad; that Green may have

had other reasons for so designating but that was the con-

trolling reason (715-716); in 1910 or 1911, Green did not

tell him ‘‘he was removing to New York’’ (717 and 726).

The attention of witness was called to Mass. Ex. No. 13,

a photostat of a letter from him to Green, dated Terrell,

Texas, August 12, 1910, in which he used the expression

‘‘[ dislike very much to write you on a personal matter

So soon after your departure from Texas but due doubt.

less to your removal to New York,” ete.; that this state-

ment was based upon his lack of knowledge at that time

of the cause of his removal (725). Witness identified

Mass. Ex. No. 14, a letter dated New York, October 10,

1910, addressed to John Ringling and bearing no sig-

nature, in which it was stated, ‘Sorry I was not able

to be with you in Dallas on October 2nd and 3rd. As I

am going to spend most of my time in New York from

now on, [ hope to see you here. * * * President.”’ in

1915, when he had a talk with Green, the latter said he

would have to devote more attention to his health and less

33

attention to the various activities that he had previously

followed in Texas—more attention to his health than any-

thing else (729); Green had a rheumatic condition which

was affecting his one remaining knee at that time; he was

a very heavy man, Weighing about 300 pounds, and when

he was alone in his room he would hop about on his one

leg without the use of an artificial limb, thus resting the

entire weight of his body on his remaining leg (730); this

ailment was progressing until the acute condition in 1921

at the Adolphus Hotel in Dallas; he not infrequently stated

that he was devoting himself primarily to the pursuit of

his health (731-2); at Green’s request, witness investigated

three resorts in Texas—Minera] Wells, San Antonio and

Marlin—and recommended Marlin and was instructed by

Green to make reservations; on January 19, 1922, he tele-

graphed Walter Marshall, Green’s secretary, “‘ All arrange-

ments completed Arlington Hotel is best and quarters com-

fortable best bathhouse directly connected with Hotel under

charge Doctor Buie graduate Vanderbilt average treatment

two or three weeks will positively cure rheumatism special

Hotel auto will meet train and car may be parked on

convenient track’? ( 733-5); it was about 1924, when

he endeavored to persuade Green to purchase a house in

Marlin; that it was at Mrs. Green’s suggestion that he

made inquiry for other quarters for him; they did not like

the quarters at the hotel but the Colonel took no interest

in it (737-8): had many conversations with Green and in

Marlin, that that would be the place for him to live (738-9) ;

that Green did not state that he could not leave his interests

in the East to reside so far away, what he said was that

the trip was so long (740). In the conversation, he asked

Green why he preferred the Texas resort to Hot Springs,

Virginia, or Arkansas, and he said ‘there was too damn

much publicity around Hot Springs, Arkansas’? and that

was why he chose the Texas resort as against the other

(741); according to witness’ present recollection, about

1910 or 1911, Green said “TI have to go to New York and

cannot carry out my earlier plans about extending the Mid-

land—see if you can sel] it;’’ that at the time of Green’s

visit to Galveston on his yacht ‘‘United States,’’ after his

marriage, the negotiations with the Southern Pacific was

still in progress and witness escorted the President and

3—1]1, Orig.

Sees Rates eetete taper eete to. Ss) 4

de ade

Pd

34

General Counsel of that Company on board the yacht for

the discussion of an operating contract with Green (751);

when witness visited South Dartmouth in August, 1929,

Green showed him around the place and he saw the airport,

radio development and the Goodyear Blimp and hangar,

the slide for hydroplanes, the Marine radio compass for

the direction of ships by radio, but saw no students ( 753-4) ;

in his conversations with Green about Round Hill, the

latter said the property had been in his family for severa]

hundred years and he was also carrying on some farm ex-

periments there ; that that was his reason for locating there;

that he does not recall in the conversation that he made

any reference to his mother (756); that when he spoke of

the home for aged couples, witness thought it might be

‘a dig at himself and Mrs. MeKay’’ but did not know

whether to believe him or not and did not take the remark

seriously (755-757) ; that Green on several occasions showed

him stamps and coins but never the complete collection:

he generally had the latest ones he had acquired at Marlin

(759); that at the Mardi gras in Dallas in 1900, Green

was king of the ‘arnival; that he told Witness when he

went into the greenhouse business he bought all the green-

houses in Dallas: he did things on a grandiose scale;

when he bought the yacht, he bought a Great Lakes steamer

and when he built a residence at South Dartmouth, he built

a castle (760); after 1921, the only time Green used his

President’s car was sometimes when he would come over

from Marlin to Dallas in it and on his inspection trips on

the Texas Midland Road of two or three days (770). On

cross-examination by counsel for New York, the witness

further testified that in his negotiations for the lease of

the Texas Midland, he sought to obtain a ninety-nine year

lease (772).

Witness admitted testifying in the Cireuit Court of Essex

County, New York, in the matter of the probate of the Will

of Green that the Colonel never discussed his legal resi-

dence or his home with him; that wherever Green was he

used letterheads which had Terrell as his officia] headquar-

ters; witness prepared, under Green’s direction, many

documents and affidavits in which his home or residence

Was stated—his official] headquarters—as Terrell, Texas

(782); ‘*he cautioned me on all occasions to show Terrell—

Terrell only—as his official headquarters”? (783); Green’s

customary routine was to be in Texas twice a year but

——

wm

35

witness could not say positively that he was there twice a

year between 1915 and 1918 (785). On cross-examination

by counsel for Mrs, Green, witness testified that in 1928

the Texas Midland was known as the largest cotton origi-

nating road in Texas per mile of track (788) ; the attempts

to dispose of the Road had nothing to do with Green’s

physical whereabouts; he was reluctant to let the Railroad

go; it was his pride (789-791). After giving some statistics

regarding the price for which the Texas Midland was sold,

its capitalization, loss, etc., witness testified that Green's

private car acquired in 1896, was burned about 1907 and

between those years he spent more time in his private car

than any where else; that the car was mostly located at

Terrell during those years ( 791); that prior to 1896, Green

occupied the Green Flats and later the Dallas apartment,

and about 1907, acquired the Commerce Street residence;

he was then a single man (792); that Green always in-

structed him to give his residence or official headquarters

as Terrell, Tex., and that witness can make no distinction

between the expression ‘‘officia] headquarters’? and ‘resi-

dence’’—that one might mean the same as the other in our

railroad language (794); that he never saw Green vote in

Terrell. On redirect examination by counsel for Texas, the

witness further testified that always in the Spring of the

year Green would attend the directors’ meeting at Terrell,

in May, and inspect the Road at the same time; that there

Was no occasion for him to discuss Green’s residence with

him during the time he made the Railroad reports (796).

Tex. Ex. No. 7 ( 799-805) gives the stockholders’ and direc-

tors’ meetings of the Texas Midland Railroad attended by

Green as shown by the minutes between May 8, 1900 and

May 8, 1934. The witness further testified that at the time

he saw Green in Massachusetts, he manifested a great deal

of interest in his ancestral home (806). Tex. Ex. No. 8,

being a map of the Texas Midland Railroad, was identified

by the witness and shows as names of the stations ‘“How-

land” —* Hetty’ — Harlow”’— Greenville,” ete. (808).

On recross-examination by counsel for Florida, witness fur-

ther stated that Marshall, Green's secretary, had a daughter

who was the wife of Dr. Glass, of the Buie Sanitarium at

Marlin (808). On recross-examination by counsel for New

York, witness said that his suggestion of the purchase of

a home at Marlin was a permanent home (811). On further

examination by counsel for Texas, the witness testified that

i

ONE on

on Ba

antes ieee ication

ee __

36

Green made frequent trips in John Ringling Brothers’ cars

to the West Coast and made one trip with them to Mexico

(823).

Dr. N. D. Bute, of Marlin, Texas, testified that he con-

ducts the baths, elinie and hospital connected with the hotel

in which the mineral water coming from the wells in Marlin

is used for the treatment of the sick; the clinie is separated

from the baths and hospital and consists of various depart-

ments, with the usual equipment, and the hotel is connected

by a tunnel with the baths; the clinic has a staff of twelve

regular physicians and some others associated with it, and

has facilities for the treatment of arthritis and kindred ai].

ments (826-8) ; Colonel Green came to Marlin for the treat-

ment of a rheumatie condition January 24, 1922, accom-

panied by Mrs. Green, Mrs. Stafford, Walter Marshall, his

secretary, and his Swedish maid named Gerda (830-1);

the record showed he was then 53, that his father had died

at 87 and his mother at 82; that he had had pneumonia,

malaria, influenza and an injury to the left knee, white

swelling, from which he finally lost the leg: that the exist-

ing complaint or illness, rheumatism, dated back only six

weeks and Dr. Paseal had diagnosed it as traumatic ar-

thritis of the right knee, superimposed by focal infection in

teeth and secondary anemia, with bleeding piles (831); at

that time, Green was suffering from rheumatism, his move-

ments were impeded because he had only one leg, he arrived

in a wheel chair and walked on crutches with great difficulty

(833); he remained about 94 days; the ordinary course of

baths was 21 days but he remained for three months (834) ;

from that visit witness became his physician, more or less,

until the time of his death; Green made several Visits to the

clinic, was a very friendly man and unusually cultivated,

they became fast friends; on a good many occasions witness

visited him at South Dartmouth, Mass., and Miami, Fla.

(835); on April 28, 1924, he came to Marlin for about 30

days; on April 27, 1925, May 6, 1926, April 19, 1927, and

May 14, 1935, were the subsequent visits of about 30 days

each; in 1935, his condition was very poor, his weight had

Sone to 144 pounds from 310; he claimed to have been six

feet four inches tall: he was then pale, weak and had a lot

of trouble with his heart and was a badly run down, emaci-

ated man, degenerated in almost every way (837-8) ; in addi-

37

tion to much luggage and many trunks, when he came to

Marlin he brought a great variety of stamps, coins, currency

and business records ( 838) ; that witness saw him in Massa-

chusetts on the oceasions of his annual visit to the hospitals

in New York City between 1922 and 1934—the last visit was

December, 1934 (839-40); Green’s itinerary was usually to

go from Massachusetts to Florida the early part of January

until the last few years of his life when he went a little

earlier than usual; sometimes he would come to New York

and stay a few days before going to Florida, would leave

Florida when the weather began to get hot, along in April

or May, come to Marlin or to Dallas, then to New York or

Massachusetts (841); in the last few years of his life he

would go directly to Marlin, going through Terrell, where

he would meet his old associates (841); on the oceasion of

his last visit to Marlin he saw only McDonough, an old

friend (842); witness’ first visit to Florida was in 1925 or

1926; they lived aboard the house boat; it was before he

had erected his house; witness made two visits with him on

the boat before the house was finished; after the house was

built, he visited there a number of times—the last time about

1931—always as Green’s guest (843) ; he never saw the vacht

“United States’? but some of the linen, towels and china

with ‘‘United States”? on it were in his house at Round

Hill (844); has heard Green speak of Mayor Ashley, of

New Bedford, whom he admired a great deal, and he talked

about his friends from Dallas and Terrell, all of whom were

from Terrell except Mayor Ashley ( 845) ; Green was always

vreatly interested in the development of Texas and what he

did politically; he talked about Texas a great deal and

talked of his affection for it more than he did of any other

place (846); he always took a great deal of pride in the fact

that he was a member of the staff of Governor Colquitt

and that he had given him the title of Colonel (848); he

frequently discussed his participation in the organization

of the Republicans in Texas and went a great deal into his

activities in that regard and took great pride in them and

seemed quite proud that he represented the State on the

National Republican Committee (848); witness knew him

from 1922 to 1935 and on all occasions when he Visited him,

Green stated he was a resident of Terrell and voted in Texas;

he always claimed citizenship in Texas and said he voted and

paid his toll taxes at Terrell until he was 60 years old (849-

90); Green told him he stayed out of Massachusetts the first

——

38

half of the year because in some way it would make him a

resident if he lived up there the first half of the year and he

avoided the State for that purpose; witness further testi-

fied ‘I do not know that he told me that he did not want to

be a resident of Massachusetts; he told me he stayed out of

there to keep from being one”’ (851) ; he always referred to

the place at South Dartmouth as the ‘Round Hill House”

and to Star Island house ‘*Porty-six Star Island:’? «] do

not know whether he ever referred to any particular place as

‘home’ and never designated ‘Round Hill’ as ‘summer

home’ ’’; he went there from Marlin, Tex., because lots of

times he complained of Marlin getting too hot and he was

anxious to get up there on account of the heat (852) ; wit-

ness could answer definitely that he always enjoyed getting

up there in the Summer time because of the difference in

temperature over Florida, Texas and other places (853);

on every occasion when he was with Green, they discussed

his health and general condition; he seemed greatly con-

cerned about his health: witness consulted with his New

Bedford physician, Dr. Stern, and had a lot of correspond-

ence with Green about what his doctors had said, where he

had been, and also had correspondence regarding blood

transfusions with Dr. Unger, the blood transfusion expert of

New York City, and with his chief physician, Dr. Pascal,

of New York (854); that Green was well acquainted with

the nature of his physical ailments, interested himself in

medical matters, was a great inquirer in medicine and

wanted to know the mechanism of the treatment ; that Green

was a learned man in that respect, took a great deal of in-

terest in his own condition and knew a lot about medicine

(S09); that after 1922, while he carried on some business he

devoted most of his time to the pursuit of health; he was

interested in the operation of his Railroad, knew where his

bonds and business connections were and discussed them

With witness (856): that Green telegraphed him that some

of his physicians advised him to seek a high altitude and

he was going to continue to visit Massachusetts in the Sum-

mer and Florida in the Winter; that warm weather and sun-

shine was considered beneficial for arthritis (857); that

Green referred to himself as a ‘*Texan’’ on more than one

oceasion (858). Witness identified Tex. Ex. No. 9 (861)

from Green, South Dartmouth, Mass., dated October 25,

1935, addressed to him at Marlin, Tex., in which he sent him

a button and card regarding the “ Recruits of 1936’? ‘‘T hesi-

Ant teh GRAB cklig Vie kt Malad

39

tate to send you this button, but, being an old Texan and

thinking the matter over carefully, I remembered what my

old friend David Crockett said: ‘Be sure you’re right, then

go ahead.’ I have always had a great deal of respect for

your good judgment, so I am sending this button and card to

vou’’ (862).

Green told witness how he had lost his left leg; that he had

a chronic bone disease and his mother carried him to various

celebrated physicians and resorts; when he was twenty-one,

his mother gave him a million dollars and told him he was

his own man and she would not have anything further to do

with his treatment other than to wish him well and let him

run it to suit himself; that Green had Dr. McBurney, a

famous general surgeon of New York, cut off his leg at the

age of twenty-one or soon after; that he cut it off a second

time when he was living down on lower Fifth Avenue in New

York City; he told witness that he was on his crutches one

snowy day and some big fellow or boy jumped up on his

back and shoved his stump down into the ice and snow on

the sidewalk, giving him a terrible injury, and McBurney

cut it off the second time near the hip; that he joked a

great deal and encouraged many stories about it being done

cheaper or for less money, but that this was the true story

of the amputation of his leg given to witness by the Colonel

himself (868-9) ; one of the houses at South Dartmouth was

pointed out to witness as the home of some of Green’s people

and on one occasion in New Bedford, a stone house was

shown him by Green as having been lived in by his people

(869-870); Green said on several occasions that he was

xreatly touched by the fact that in various parts of the

Country provision had been made for old ladies’ homes or

veterans’ homes where old couples were separated and he

intended that the South Dartmouth house would be used

as a home for old men and old ladies where they could spend

their days together (871); Green said his mother was very

religious, believed in the Bible verbatim, and thought it sin-

ful to keep the body out of the ground after death and

requested that she be not embalmed or put in a permanent

casket but be placed in the grave immediately after death:

that in order to ship the remains to Bellows Falls from New

York they had to put the body in a metal casket, hermetically

sealed, and upon arrival at Bellows Falls, the expensive

casket was exchanged for a cheap pine coffin (872) ; witness

understands that Green as well as his mother and father are

PeOryyr:

AL RSL RiP MARE ia i EEE NATURA =" :

a

rs

i=)

buried at Bellows Falls, Vermont, and that Green was born

in London, England (873) ; that Green was interested in the

Texas Centennial Coin and bought a large number; also in

the issuance of a postage stamp to commemorate the Cen-

tennial of Texas’ Independence in 1936 and wanted witness

to have his brother-in-law, Senator Connally, take it up with

the Post Office Department ( 875-5-6). Witness identified Tex.

Ex. No. 10, a telegram from South Dartmouth, Mass., Octo-

ber 29, 1930, from Green to witness, reading ‘‘Sorry I am not

able to comply with your wonderful request. Dr. Paseal in-

sists that I go to a high altitude. Had planned to go to

Lake Placid but on account of condition have changed to

Asheville. No ear. Dr. Pascal claims that as he has

gotten rid of my rheumatism I must now keep away from

low altitudes that is if I want to be able to visit Florida

in the extreme cold weather and Roundhill in the Summer

as | must build up my blood and do nothing to thin it. If

it were left to me I don’t know of anything I had rather

do than make you a visit as I have always had very pleasant

trips to Marlin (878).

He also identified Tex. Ex. No. 12 from the Lake Placid

Club, New York, October 24, 1952, from Green to witness, in

which he said ‘‘ My health is much better now than it has been

for the past month or six weeks and, under instructions of

Dr. Pascal, I have come up here to see what this brisk moun-

tain air will do for me”’ (883).

Witness also identified Tex. Ex. No. 13, a letter to witness

from Green, Star Island, Miami Beach, Florida, January

23, 1930, reading, ‘In reply to your letter of December 29th,

will say that I went under treatment of two doctors in

Miami—Drs. C, F. Roach and Walter Hotchkiss, of which

you are probably aware. There is a good deal of anemia

in Florida and these fellows have a good reputation in

bringing them back, They have been giving me Lederle

Solution Liver Extract, 3 ce size. At first they gave it to

me in the shoulder by injection, which produced a reaction

of severe rheumatic trouble in the joints of my hands. Then

they gave me some kind of salicylate for the rheumatism

caused by the reaction, which went down almost immedi-

ately. Then they commenced giving me the liver by mouth

once a day in orange juice and there was considerable im-

provement. On the attached sheets you will find the result

of the blood tests from December 29th to January 18th.

My attending physician has been treating Dr. Unger’s

41

brother-in-law here in Miami Beach. I am getting better

and have started going out driving again and I think the

pleasant weather down here has helped me a little. Dr.

Roche says he thinks if I keep up this treatment about two

weeks longer I will be out of the anemic class. Thanking

you very much for your interest and regretting that I was

not able to let you know about my condition sooner’’

(885-6).

Also Tex. Ex. No. 14, telegram from Green, Miami Beach,

Fla., to witness, Marlin, Tex., May 6, 1935, reading ‘Will

arrive Tuesday fourteenth two thirty two a.m. Will remain

in car until eight a.m. In party there wi!l be Mrs. Green

and I, Miss Hodges, day nurse, night nurse, secretary and

Stella’’ (887-888) ; that Green had a boat called the ‘Isola

Stella’’ which witness understood to mean ‘‘Lone Star’?

(889). On cross-examination by counsel for Florida, wit-

ness testified that he first met Green when he came to his

clinic as a patient January 24, 1922 (890) ; his general con-

dition then was pretty good, although he was suffering

from rheumatism but improved a great deal (891); he next

saw him in his private ear at Ennis, Tex. the next year; he

was still suffering from rheumatism (893); in 1924, when

he saw him at Marlin, he was still having trouble with his

rheumatic condition but was a little better (895); he again

saw him at his sanitarium in 1925—still rheumatic (896) ;

again in 1926, when he began to show deterioration fast,

weakness, loss of weight, which kept on to the end of his

life (898); the next and last visit was the Spring of 1927,

he was still sick, complaining of rheumatism and there was

evidence of diabetes (899-900); did not see him in Texas

again until 1935, when he stayed about a month; he showed

marked deterioration and loss of weight, high blood pres-

sure, anemia, difficulty in movine around and no appetite

(901). Witness identified Fla. Ex. No. 1 from Mabel H.

Green, South Dartmouth, Mass., June 22, 1935, to witness

(904), in which Mrs. Green said among other things, ‘‘We

arrived here safely last Tuesday evening and found it very

cool. We have steam on in the house and was glad to have

steamer robes when they met us at the train. We had a

very comfortable trip home, except Monday, which was very

hot. The Colonel is feeling fine and the day after we arrived

he went up town and has been going every day since. So

far as I know, he has comfortable nights. He can sleep well

—— ae

because it is cool. We enjoyed our stay in Marlin and hope

to get down again next year, but that is too far ahead to

make plans. If Roosevelt socks the rich, we may not be able

to go.’’

Witness never saw Green after that; according to wit.

ness’ recollection he always came to Marlin from Florida,

except the first time from New York (905-6) ; the South

Dartmouth house was comfortable and well appointed, had

provision for many servants, two dining rooms, a breakfast

room, ete.; they tried to make it like an English gentleman’s

home where he was able to keep up a large number of ser-

‘ants and butlers such as a rich man would be able to do

(910-11) ; Green never said what his object was in building

it but stated his object with reference to disposing of it as

a home for old people to live together (911-12); Green did

not mention it as a memorial to his mother; witness saw

the ‘Charles W. Morgan,’ a Whale Boat Shrine, and some

shops, as well as some people from the Institute of Tech.

nology (912-13); Green had a bathing beach and broad-

asting arrangement, and the grounds were open to the

public (914); witness spent about one week with Green on

: his house boat in Florida in the Spring of 1926 (915) and

again in 1927; in 1931, he visited him at 46 Star Island

i (917), Mrs. Green was there; it was a lovely place, with a

large lobby on the ground floor, dining rooms, butlers’

quarters, steward’s office, Green’s private office with moving

pictures at one end, large stairway with a mezzanine, guest

rooms on the second floor, with grounds covering a good

deal of frontage on Biscayne Bay, where there was a wharf

and Venetian landing (918): the Island is artificial and it

is a section of wealthy homes; the grounds were well laid

out, had a large number of palms transplanted from the

Everglades and many shrubs; the house was beautifully

and lavishly furnished (919). On cross-examination by

counsel for Massachusetts, witness identified Mass. Exs.

Nos. 19 and 20, the first a telegram from witness to Green

at the Waldorf, New York City, June 6, 1927, reading,

‘*Please let me know how you are feeling. How you stood

the trip home. Would like to hear from you in a general

way how everything is with you. Best regards to yourself

and entire family from all of us’’, and the reply from Green

to witness, New York, June 8, 1927, reading, ‘‘ We all stood

the trip well but all caught cold on arriving in New York;

.

a

%

)

i

3

#

>

i

h

a

af aapnc SSA,

43

however, the weather has now changed and everybody

seems to be on the improve”’ (926); that the record of

(Gireen’s case May 14, 1935, gives the address ‘‘South Dart-

mouth, Massachusetts’? (929), and on May 6, 1926, the ad-

dress in the record is ‘‘Round Hills, South Dartmouth,

Massachusetts’’; that Green stated he wanted to avoid Mas-

sachusetts on account of not wanting to be a resident of the

State and did not want to be taxed in that State; that wit-

ness is pretty sure Green said to him that it was on account

of all things that entered into residence in that State, in-

cluding not only being a citizen but paying taxes there; that

he is not undertaking to quote his words but that is his best

recollection; that he did tell him that was his reason for

remaining out of Massachusetts for six months of the year

—not for taxes—but general residence there and tax mat-

ters too (942); that for some reason he did not want to be

considered a resident of the State of Massachusetts; the

reason for that was he thought he was a resident of the

State of Texas and that he could not be a resident of too

lany States, but only one; he always claimed to be a resi-

dent of the State of Texas and iried to preserve that (943) ;

that witness does not believe business entered into it but

thinks he always believed and thought that he was a resi-

dent, a legal resident, of this State (Texas) ; that he never

said anything in regard to the question of taxation with

reference to his residence in Terrell or that it had anything

'o do with his Railroad headquarters there: witness under-

stood his residence in Texas was considered by him just

like witness considers himself a resident of Texas (944);

that Green always said the laws of Florida encouraged rich

en to go there and have their Winter homes there because

they did not make citizens of them or they did not have to

become citizens or were not claimed as citizens of that State,

and that State was inviting him to go there and invest his

money; that he does not recall any mention of taxes in this

connection (945); that Green stated the Florida laws were

such as to encourage millionaires to go there because they

were considered non-residents (946); that he never told

him in any of his conversations that Texas was a lenient

State in tax matters (946).

Witness identified Mass. Ex. No. 21, a telegram dated

October 25, 1930, to Green, South Dartmouth, Mass., from

the witness and Dr. Glass (948-9), reading, ‘‘We have

0 er re eae ae mS

We ee mn oe eo.

44

learned that you are planning a trip to Lake Placid for a

little rest and change of environment and building up. We

are all concerned about your health and welfare. There-

fore we are wiring you at this time to urge you to come to

Marlin and stay with us until time for you to go to your

Place in Florida after Christmas. We can fix you up a

whole floor in the new hotel and let you have service and

attendants as you desire and you can bring one of your

chefs along to superintend your meals. You can take

the baths as often as you feel like it. You would be sur-

prised how easy it is to go from the new hotel through the

Marble Subway to your bath without any exposure or exer.

tion. You will live in perfect safety in a modern fireproof

hotel with every comfort and convenience offered by the best

hotels every where. We ean give you the entire use of the

eichth floor for your offices and living quarters. There are

sixteen rooms including four suites, all of which can be

converted to any sort of arrangement desirable for giving

you and Mrs, Green all the comfort you could eare for. We

are having marvelous Weather of an Indian Summer nature,

and with this arrangement weather changes would have no

effect on your comfort and your routine. We are tremen.

dously anxious for you to come and will be most delighted

to have everything ready for you on one days notice. You

ean have as many of your friends visit you or as few as

you like or nobody at all if you desire. A new Lincoln car

Will be put at your disposal for as much driving as you care

fo take and von ean bring George along for this. We fee]

that this will de you more good than any other thine that

could possibly be offered to you and know that von will be

delighted with the accommodations at this time, Awaiting

your pleasure and hoping that you will give this proposition

vour earnest consideration, we remain yours sincerely,”’

To this telegram, Green replied October 29, 1930, “Sorry

Tam not able to comply with your wonderful request’

(190); that witness did not send Green telegrams or letters

every year urging him to come to Ma rlin, but when the new

hotel was opened in 1930, they undertook to deseribe to him

the safety of the accommodations, luxurious apartments

and that it was not subject to the fire hazards of the old

\rlington Hotel: that the first visit was made because Mr,

MeKay made the arrangements for him (951); that on sev-

eral occasions witness sent both letters and telegrams urg-

ae

45

ing him to come because he felt Green depended on him for

his health; that he went to see him in South Dartmouth and

urged it on him after consultation with his doctors (952) ;

that about 1927 Green began to **sort of give up the fight’’

and on the visit of witness to Miami Beach in 1931, he said

he was coming to Marlin but changed his mind and went to

Lake Placid (953). Witness identified Mass, Kx, No, 22,

March 17, 1931, being a telegram from witness to Green at

Star Island urging him to come to Marlin. He also identi-

fied Mass. Ex. No. 23, telegram dated July 26, 1928, from

the witness to Green reading, ‘*We would be much compli-

mented to have you join us in some Way in identifying your-

self with our new hotel project. There are 125000 dollars

common stock 75000 dollars preferred stock and 240000 dol-

lars first mortgage bonds. They only asked us to buy 65000

dollars preferred stock which we are rapidly taking up.

We thought perhaps you would not object to taking 10 or

1) thousand of the preferred stock, We further want to

yet suggestions from you or your architect for the construe-

tion of special apartments in this hotel for your exclusive

vecupancy as you have in the Waldorf and nobody else use

them. They are using all the lots across from the clinie for

the project. The entire things will cost about 400 thousand

dollars and will give us 109 rooms. Hospital on top floor,

They connect with the clinic and bath via subway under the

street, It is of Spanish architecture and design and will

make a beautiful building. They are calling it the Buie

Hotel but I would be very pleased to see it name- The Green

Buic Hotel. We would be glad to hear from you in the

latter, Best regards’? (958-9),

On cross-examination by counsel for New York, witness

stated that Green said he wanted to be fair with his taxes

and made a great effort to be honest and square with his

laxes (962); he spoke of one of his relatives having been

born in the New Bedford house but witness could not say

positively that he said it was his mother (963): that the

address given in the Marlin Clinie case record of Colone]

Green bearing date April 28, 1924, is “New York City’ and

the case record for Mrs. EB. H. R. (freen, January 25, 1932,

shows ‘Waldorf-Astoria, New York City’’ as the address ;

that Green's case record for May 6, 1926, shows Dr. Pascal,

of New York, as the family physician (963-4) ; that witness

visited the doctor at his office in New York City (965); in

VP te

Oe ar eer 1

pied

eS

ot alles Pes in ie, EY

= ew:

46

reference to hurting his leg after it had been amputated

the first time, Green said he was standing on lower Fifth

Avenue, New York, ‘‘where he lived’? when somebody

knocked him down in the snow and hurt his lee (965) that

Withess saw the coin and stamp collections at Miami Beach,

Mla., and also at Marlin on several occasions between 1929

and 1935 but cannot say that the collections were identical:

that these were among Green's greatest interests and he

was fascinated by collecting unusual currency, such as bills

accidentally printed ‘20°? on one side and ‘10°? on the

other—he would collect those things where he could find

them and spend almost every evening doing something with

stamps (967); he had a large number of rare and valuable

stamps and spent his time picking up stamps and putting

them in the stamp books; he kept up with these things

through the information the stamp collectors got and by

knowing a little more about stumps than the ordinary peo-

ple; that he knew all the stamps of any value throughout

the world (968); that Green was inclined to get fascinated

with certain things and then his interest in it would die out:

he was with witness at the time of the Lindbergh flight and

he became interested in aviation and built an airport xt

South Dartmouth; when the radio came in, he built a radio

station at South Dartmouth and did some broadcasting but

finally lost his interest and turned it over to the Institute

of Technology in Boston; that he did not keep his interest

in many things as he did in stamps; he had an interest ip

collecting rare currency, coins and stamps; he had a large

ring given to him by Diamond Jim Brady, of New York

City, who was a personal friend (971-2); witness never

visited Green in New York City; that the residence at Star

Island was one of the finest there (974).

Un cross-examination by counsel for Mrs. Green, witness

testified that she always came to Marlin with Colonel Green

und would bring her maid and he would have a maid, a

nurse and his secretary (979); that a common saving of

Green’s on many occasions was that he was by birth an

Englishman, by education a Catholic, raised a Quaker, in

business a Jew and by residence a Texan (979): that on

many occasions he stated he took real pride in the State of

Texas and his connection with it (979),

On redirect examination by counsel for Texas, witness

testified that the case record for 1927 shows no address;

thwoi:.

47

the one in 1922 and another in 1929 give no address; that

a case history, without date, shows the address ‘‘Terrell,

Texas’’; that these records are made by the history taker

or doctor assigned to records and some of them by the

laboratory people (981); that he and Green exchanged

gilts; le sent witness presents of jewelry, clocks, radios,

etc. and witness would send him something unusual from

the farm; there was nothing witness could buy which would

attract him but he was always glad to get any of the prod-

ucts of the soil in Texas (984). On recross-examination by

counsel for Florida, witness said Green was one of the

best posted men he ever knew, carefully looked after his

business affairs, discussed with witness his care in having

his tax matters properly made out by experts so he could

give a proper rendering to the Government in order to be

fair; **] think he had uppermost in his mind that he did

not want to be a citizen of three or four States at one

ume"? (987); it was Green’s opinion that citizenship in any

State brought on the tax matters connected with that sort

vf citizenship under the laws of that particular State and

Witness is sure he thought about the laws of the different

States in regard to their taxes; that Green went to Florida

with a feeling of liberty because he had the information

‘hat Florida would not make him a citizen and not bring

to bear on him the tax affairs that citizenship in that State

would bring (988); that he told Witness he studiously

avoided going into Massachusetts at any time during the

first six months of the year because it would subject him to

the taxation and citizenship of Massachusetts (988).

Un recross-examination by counsel for New York, the

Witness testified that the case history at the clinie is made

from personal consultation with and statements made by

the patient and personal examination (989) ; that the case

history on Green dated January 24, 1922, reading ‘* Doctor

Paseal diagnosed traumatic arthritis, right knee, superim-

posed by foeal infection from teeth and secondary anemia

and bleeding piles”? (991).

Raymonp Baryerr, of Marlin, Texas, testified that he first

met Green about 1922 in the lobby of the Arlington Hote]

in Marlin (997) + that he was then a reporter on the Marlin

Qa rete me, sec Foes ay ne, ‘Areas ——e

48

Democrat and had an interview with Green in which he

asked him if he was going to support ‘* Gooseneck Bill”’ as

leader of the Black and Tan faction of the Republican

Party against the Lily White faction led by Creager and

Green told him he was more interested at that time in

getting rid of his rheumatism than he was in polities

(999); that he saw him again in 1924 and discussed local

polities (1000) and when he asked him when he was com-

ing back to Texas he said, ‘‘Il am coming back to vote”

(1001) ; that he saw him on his last visit to Marlin and found

him lying in the bath room and looked ‘‘rather wasted’’;

that he asked him how he was getting along and he replied,

‘Well I am glad to be back home’’ (1002); that in a con-

versation about investing in Marlin, Green said he thought

Texas as a whole was going to have a great growth and

development and ‘‘he was proud of the fact that he was a

Texan”’ (1004).

Se

A. B. Jounson, of Marlin, Texas, testified that he is a

native Texan and postmaster of Marlin; that he met Green

in 1922 (1008); that he was manager of the bath house jy

which he bathed; that Green was there about 90 days iy

1922; he saw him frequently then and again in 1924 jn

Marlin; he stayed there about a month on that occasion

and again in 1925, 26, ’27 and °35, when he made visits of

approximately the same length (1010); that Green said he

did not like to live in New York because it was so cou-

gested and he was so badly crippled up it was hard for him

to get around—this was in 1925 (1013-14).

_—__—_

GarLanp Apatr, of Austin, Texas, Editor of the Austin

Dispatch, testified that he was a native of Texas, formerly

a resident of Kaufman County, Texas (1016); that he was

Chairman of the American Legion Committee of the Texas

Centennial Commission in 1933 and the purpose of the Or-

ganization was to get a Centennial Coin passed throug);

Congress to be sold to raise funds to build » memorial mnu-

seum in Texas (1019): that they developed a Texas Con.

tennial Seal to be sold to raise money and solicited a sub-

scription from Green (1020-23); that he sent him Tex. Ex.

“

a rr ETRE RRO eet

49

No. 15, dated November 22, 1933, enclosing a check for $100

for 20,000 of the stamps and offering to purchase a supply

of the half dollars (1023); that Green was appointed a

member of the Texas State Memorial Museum Commission

and offered to assist in the campaign (Tex. Ex. 16—1027).

Witness identified Tex. Ex, No. 17, Green’s letter dated

October 29, 1934, ordering 1,000 Texas Centennial Half Dol-

lars to be sent—250 to Miami Beach First National Bank;

250 to the First National Bank, New Bedford, Mass. and

900 to the Chase National Bank, New York City (1034-6) ;

he also identified Tex. Ex. No. 18 ‘«A Certificate of Distin-

guished Service to Texas,’’ with his letter of January 10,

1935, addressed to Green at Miami Beach, Fla., containing

the postscript ‘‘In the event you prefer that the certificate

should have given your residence as New York or Florida,

please let me know and we will send in another’’ (1040), and

also Tex. Ex. No. 18-A, a letter from Green to witness,

stating ‘*I desire to thank very sincerely yourself and the

other gentlemen who conferred this honor upon me, and ]

assure you that it is greatly appreciated. However, I note

that my residence is shown as Massachusetts. This is not

correct, as I have never changed my legal residence from

Terrell, Texas, and if it is not too much trouble, I would

thank you to make the change. I am returning the Certi-

ficate under separate cover’? (1043); that Green’s request

was complied with and Tex. Ex. No. 18-B sent him under

date of January 23, 1935, stating the change would be made

and ‘We have received your letter and the certificate and

ure very happy indeed to change same in accordance with

your legal residence and your wishes. We say we are de-

lighted and that is truly our feeling, for we are happy to

continue to claim you as a citizen of Texas’? (1045). The

witness identified Tex. Ex. No. 19 as the corrected Certi-

fieate (1046-7), in which it was recited, ‘‘Certificate of Dis-

tinguished Service to Texas by Col. E. H. R. Green of

Terrell, Texas, who purchased at Austin, Texas, the first

Thousand Texas Centennial Half Dollar, commemorative,

in 1936, of the Independence of Texas”? (1047).

Counsel for Texas gave in evidence the correspondence

with Governor Colquitt and Colonel Green November 10,

1910 to November 14, 1910, appointing Green Colonel on the

Governor's Military Staff (Tex, Exs. Nos. 20, 21, 22—pp.

1057-60).

4—11, Orig.

a “<e

Ms ea

OSL ANS BG Borie Rae A pet

a

50

Epwin J. Krest, of Dallas, Texas, testified that he was

the owner and publisher of the Dallas Times-Herald (1061.

3); that he became an intimate friend of Green’s about

1903-4 when the automobile was introduced into Texas:

that Green brought the first one and witness the second or

third (1064) ; that Green lived at Elm and Griffith Streets,

Automobile Club and Green made witness Director of the

Texas Midland Railroad (1067) ; that he accompanied Green

on inspection trips; that the annual meetings were held in

his private car at Terrell because of his crippled conditioy

(1069-70); that Green tried to have the best Railroad jn

the United States for the size; that all of his box cars were

painted green; that he was the first to use electric head

lights, ete. (1071); that he was active in the managenient

and always trying to make improvements (1072); that he

had the first experimental farm in Texas such as are How

conducted under the auspices of the Agricultural and Me-

chanical Colleges (1072); that Green became interested in

the Texas State Fair Association, of whieh Witness was

President (1074) ; that Green placed the first order with the

Wright Brothers for an airplane and bore one-half of the

expense of a lighter-than-air machine at the Texas State

Fair and organized the first automobile race held in Texas

(1075-6); that he and witness were very close friends and

their friendship continued until his death (1079) ; that Green

thought Texas had great possibilities, loved the State and

its people: “he liked it down here because he could be him-

self with what he ealled his ‘bunch ’—he relaxed’* (1079.

80); that his mother became ill and began calling for him

about 1911-12 and she died in 1916: that Green made periodi-

cal trips to New York and came back to Texas; he said his

mother wanted him and he had to £0 (1082-3); in November,

1917, after his marriage, witness and others visited him on

the vacht ‘United States’’ at Galveston (1086) ; that witness

went with him to the Customs House, Where he registered

the boat as from Galveston (1087). Counsel for Texas of-

fered Tex. Ex. No. 23, being a Consolidated Enrollment and

Yacht License dated November 17, 1917, issued to the steam

yacht ‘United States”? at Galveston, Texas; Permanent

Yacht Enrollment No. 1 reciting that KE. H. R. Green, of

Terrell, Texas, having taken and subseribed the required

oath and sworn that “the was the sole owner of the vessel

called the ‘United States’, of Galveston, Texas, ete.”’ (1088-

a OD es Oe Eee SEE. en OE BSI RY FE Mal LOT NANA tei PS AOE

a1

1090); which certificate contained an endorsement thereon

that it was issued at the Port of Galveston, Texas, Novem-

ber 17, 1917, surrendered New York, N. Y., June 16, 1923,

because ‘ownership district and occupation changed’’

(1095), and the further endorsement that it was renewed

for one vear from March 24, 1919, at ‘Port of N ew Bedford,

Massachusetts”’ (1096). The witness further testified re-

garding a visit to Green at South Dartmouth after his illness

at the Adolphus Hotel in 192] and described a run on the

Security National Bank of Dallas in May, 1921, when Green

deposited $100,000 in the Bank in which he had no interest

(1109-12) ; that Green was never the same after his illness

in the Adolphus Hotel in 1921 (1112); that his health was

poor and his principal pursuits were matters connected with

the estate*(1114); that in a discussion with Green about the

Round Hill House he said it was a shame to separate old

people who had lived together fifty years and he had a notion

to make an old folk’s home out of the Round Hill House So

that they conld remain together, and again when he was at

Marlin, he discussed the building and endowing of a sani-

tarium there for poor people (1115); that Green always

claimed Terrell, Texas, as his home; when witness asked

him why he signed Terrell and why he didn’t advertise

Dallas a little he said, ‘‘Terrell is my home—that is where

I belong’? (1118); that he saw him the last time in Dallas

in 1935, in his private car, and talked Dallas affairs and

politics and witness was surprised a little that he was so

much interested in it on account of his physical condition

(1120) ; that in the Spring of 1921, witness presented Green,

who was much interested in coins and stamps, with a gold

coin given to him by President Obregon, of Mexico (1124) ;

that after his 1921 illness, witness Visited him at his Star

Island home about 1927 (1132), and at the Waldorf-Astoria

in New York and his office (1133).

Counsel for Texas gave in evidence Tex, Ex. No. 25, being

the commission from Colquitt to Lt. Colonel BE. H. R. Green

as a member of his staff, dated February 4,191] (1136-37).

Said witness further testified that after witness’ Visits to

him in South Dartmouth and Miami, Green did not become

much interested in anything; his health was the main thing

he was worrying about: he wanted to go wherever he could

for the benefit of his health and he Was doing everything

he could to benefit it (1140). On cross-examination by coun-

sel for Florida, witness testified that Green was using the

———- —— eng

52

experimental farm to find some means of getting rid of the

boll weevil which was destroying the cotton in which his

Railroad was interested (1148); he was also interested in

the breeding of chickens (1149) and later in flowers, espe-

cially roses (1150); that prior to 1911, he was a Director

in the American Exchange National Bank of Dallas (1152);

that the Elm and Griffith Street building was a three-story

plain brick building with some stores below; Green Was

sleeping there and had servants there and stayed there until

he built the place on Commerce Street (1156); that this

latter building was on the edge of the business section of

Dallas ; that he built it as a home, he had a billard room, bed

rooms, pianos and organs and the building looked like the

brown stone fronts up in the East (1157-58) ; that there was

no yard or shrubbery; he had servants and a housekeeper

there (1159); that Green continued to live in this place in

Dallas until 1911 or 1912, when his mother called for him

and he went to New York coming back occasionally (1160);

that about two or three years after he went up there, he

abandoned coming back (1161); that after selling this Com-

merce Street place to the City he did not re-establish any

home in Dallas, he stopped at the Adolphus Hotel (1162);

that is where the witness lives—that is my home (1163);

that from the time witness knew Green when he lived in this

Elm Street property he spent most of his time in Dallas

(1164); that Green would not always use his private car

in going to Terrell; he would go there in the early morning

and come back and sleep in Dallas, doing this three or four

times a week (1165); that the place where he spent most of

his time, ate his meals, ete., was Dallas; Green was a Direc.

tor in the American National Bank of Terrell and a Director

in the American Exchange Bank of Dallas (1166): he had

an interest in the Majestie Theater in Dallas which was

burned and not rebuilt (1167); that his various properties

were sold after 1911 (1168-69); about 1910, witness and

Green went to Florida to the races, stopping at Daytona

three or four days (1171-2): after 1911, Green would come

back to Texas and stay two or three weeks, go back and stay

three or four months—in the Spring to attend the stock-

holders’ and directors’ meetings and in the Fall for the

election; after his mother’s death he didn’t come as fre-

quently as before (1175-7) ; between 1915 and 1922, he would

come three or four times a year and thereafter about two

months a year down to Marlin (1179); after 1915, but more

——

especially after 1921, his main object in life was to try to

find health (1181); that witness’ Visit to the Star Island

house was in 1927—Dr. Buie was there but stayed only a

day or two (1187); the house was in a rather exclusive see-

tion on an Island with several other houses, was elaborately

and comfortably furnished and Green's wife and servants

were there (1188-89) ; that there was no flying field, machine

shops or public bathing beach there but he had a house boat

and two ocean-going launches (1190).

On cross-examination by counsel for Massachusetts, the

witness testified that about 1919 he sent Green at New York

a painting of a Texas scene by a Texas artist for a Christ-

mas present (1190-1201) ; in his letter of December 9, 1919,

witness said, ‘‘As you are building a handsome home at

New Bedford naturally you will decorate its walls with

paintings, and I thought probably you and Mrs. Green would

like to have a little reminder of Texas in your new home—

hence my little Christmas gift has taken this shape (1203)

(Mass. Ex. No. 24); that at the time the painting was sent,

witness understood Colonel and Mrs. Green were going to

live in the South Dartmouth house and not that it was to

he a home for old couples—that came later (1219); that all

witness then had as a basis for his letter was the talks with

Green (1219).

Witness identified Mass. Ex. No. 26, a letter to Green,

January 1, 1920, in which he stated, ‘‘About the middle of

December I expressed to you prepaid a package containing

an oil painting by Julian Onderdonk, a Texas artist with a

national reputation, the painting is of a Texas scene and

it occurred to me that in your new home there might be a

nook where a scene from this state, where your frue friends

reside, could hang as a sort of reminder of said friends left

behind when you again took up your duties in New York.

[trust the painting reached you in time and in good order.’

(1222). The witness further testified that he remembers

that Green said he was building on a piece of land in New

Bedford which had been in his family—the Howland family

—for 200 vears (1223). The witness admitted receiving

Mass. Ex. No. 27, a letter from Green, dated January 5,

1919, (evidently 1920) acknowledging the receipt of the

painting, in which he said, ‘‘Mrs. Green appreciates the

painting of the ‘ Blooming Cactus’ as much as I do and we

want to assure you that it will be hung in our new home at

‘Round Hills’, South Dartmouth’’ (1227); that on his visit

23

| waasas —

54

to Green at South Dartmouth, he pointed out a stone build.

ing in New Bedford in which he said his mother was born

(1247), showed him a warehouse in which his forefathers

used to store whale oil, and a blacksmith shop that he had

moved to Round Hills (1248) ; that witness went through the

‘“‘Charles W. Morgan”’ while Green waited in his car ( 1249) ;

witness can only remember that he referred to the ground

at Round Hills as having been in his family for hundreds

of years (1250); when witness was there in 1924, he saw

no aviation field; that the new thing Green wanted to talk

about was the radio station (1251) ; that there was a beauti-

fully bound library of books at South Dartmouth.

On cross-examination by counsel for New York, the wit-

ness further testified that Green never discussed with him

the payment of personal income taxes but told him he filed

his income tax at Terrell, Texas; that his usual routine

started at South Dartmouth, from there he went to New

York, usually in the month of December, then to Miami

for the first of the year, then to Marlin and Dallas and then

East again to New York or South Dartmouth; that when

he became so crippled he could not move he stopped coming

to Marlin (1269) ; that he saw Green in New York the last

time in the Spring of 1917, when he visited his apartment

there at the Waldorf-Astoria (1276); Green told him that

his mother and sister had gone in with him one-third each

in the floral business (1282); that witness testified before

the Commissioner in the matter of the probate of the Will

of Green in the Surrogate’s Court of Essex County that

Green had told him on numerous occasions that his legal

residence was Terrell and when introduced to friends, Green

would say ‘‘T am from Terrell, Texas’’ (1288).

——

J. W. Roya, of Dallas, Texas, an officer of the Republic

National Bank of Dallas, testified that in 1921 he was con-

nected with the Security National Bank when they had a

run and saw Colonel Green (1304-5) ; the latter came to the

Bank with Mr. Kiest, Mr. Reardon and Mr. Colquitt when

the Bank was jammed with people withdrawing funds

(1306); Green made out, signed and deposited a check to

his credit in the Security National Bank for $100,000 (Tex.

Ex. No. 30, dated May 11, 1921; 1307-1311); that Judge

Ramsey, of the Federal Reserve Board of Dallas, made a

- PIRI SIN A) “ee carrey ome: TITIES RT AD SEEN ROOM ES lie EO SO: Sigs OP Se

» Paes wee >

.

and as confidence and evidence of his faith in the Bank

he had just deposited $100,000, and waved a duplicate de-

On cross-examination by counsel for Massachusetts, the

witness stated he was not trying to quote Green but stating

the inference he drew from what he said.

On redirect examination by counsel for Texas, witness

testified he did not recall Green’s exact words (1314), but

in his talk he gave the impression to everybody that he was

a resident of Texas, interested in Texas and that the failure

of this Bank would cause injury to many sections of Texas

and he did not want that thing to occur (1315).

At the hearing at Fort Worth, Texas, commencing Octo-

ber 19, 1937, counsel for New York gave in evidence N. Y.

Ex. No. 5, on the letterhead of the Green Floral Company,

Dallas, Texas, July 11, 1911, addressed to Green enclosing

a bill of lading covering a shipment of household goods and

enclosing a list of the goods loaded in the cars which went

forward July 8, 1911 (1324-1327).

Counsel for Texas gave in evidence Tex. Ex. No. 31,

Treasury Department Certificate and photostat copy of

Federal Income Tax Return for 1918 of Edward H. R.

Green, ‘‘of Terrell, Kaufman County, Texas,”’ from the

files of the Treasury Department, bearing the signature

of Green and sworn to by him before a Notary Public

(1333-4),

Also the following Texas Exhibits:

Tex. Ex. No. 31-A, a similar Certificate and Return

for the year 1919

. giving the same address (1335-6)

| Tex. Ex. No. 31-B, « an Shag , * 6 1920

(1336-7)

Tex. Ex. No. 31-C, « ei ©. . 2 . 1921

(1338-9)

Tex. Ex. No. 31-D, ¢ ih. “A ¥ : 1922

(1340-1)

Tex. Ex. No. 31-E, « pee - “y = 1923

(1342-8)

Tex. Ex. No. $1-F, <« “ty ps , “? . 1924

| (1344-5)

ae et cst ee meee ins. LEE EERE te EE PLGEN IO ST ROS RE U y aar e a

Tex. Ex. No. 31-G, a similar Certificate and Return

for the year 1925

. giving the same address (1346-7)

Tex. Ex. No. 31-H, <« 5 vd . _ 1926

r ; (1348-9)

, Tex. Ex. No. 31-I, « sah ? : ye 1927

(1349-50)

Tex. Ex. No. 31-J, « wee se X < 1928

1350-1)

Tex. Ex. No. 31-K, “ 7 - * =: 1929

(1353-4)

Tex. Ex. No. 31-L, “ ee Aha 2 . (eee

1355-6)

Tex. Ex. No. 31-M, “ * *# S ” 23 rae

1356-7)

Tex. Ex. No. 31-N, “ sy oy . : 1932

(1359-60)

Tex. Ex. No. 31-0, « a ’ . = 1933

(1360-1)

Tex. Ex. No. 31-P, “ he = = . 1934

(1362-3)

(and attached list of various Com-

panies from which dividends were

received 1364-70)

Tex. Ex. No. 31-Q, a similar Certificate and Return

for the year 1935

giving the same address (1370-2)

(and similar schedule of dividends

1372-78)

SoMMERFIELD GrirritH Epwarps, of Terrell, Texas, testi-

fied that he was in the retail lumber business, knew Green,

and in 1904 sold him lumber for the chicken houses and

demonstration farm near Terrell (1381-2); also sold lum-

ber for the Green demonstration farm in 1905 and for the

Green Floral Company in 1906 (1382); that Terrell is di-

vided into three election wards and witness’ office is in

Ward 3; that the State and National Elections in Ward 2

for 29 years have been held in witness’ office; that he has

been judge of elections several times; has seen Green vote

there a number of times at State and National Elections;

never heard his right to vote disputed (1382-3). On eross-

examination by counsel for Florida, the witness testified

that he saw Green the last time in 1927, in his private car,

at the foot of Moore Avenue and thinks this was the last

time he saw him vote (1384).

PREAH: Cruel sarc SEES PERO Sew : oe ea)

57

On cross-examination by counsel for Massachusetts, the

witness admitted that in his deposition in the litigation be-

tween Mrs. Green and Mrs. Wilks in New York he had

testified that he could not remember whether Green voted in

1911 (1385); that Ward 3 where he voted is in the ward

where his private car usually was on the railroad track.

An affidavit of the witness made November 7, 1916, (Mass.

| Fx. No. 33) was given in evidence (1388), in which he stated

| that he served as one of the election judges at the General

Election in Kaufman County, Texas, Voting Box No. 15,

and that at the General Elections in the years 1910, 1912

and 1914, Colonel Green, of Terrell, Texas, was a qualified

voter and voted at said Box in said Elections (1389); that

during those years the practice was for the man who wanted

to vote to go to the ballot box with his poll tax receipt which"

was stamped by the election officer (1391) ; that if they did

not have the poll tax receipt they would sign an affidavit

that they had misplaced or lost it (1392).

(Mass. Ex. No. 34, Poll Tax Receipts issued in Terrell,

Kaufman County, Texas, for the years 1909 to 1922, inelu-

sive, and for 1924 and 1925, were marked for identification

(R. 1893).

The witness further testified, on cross-examination by

counsel for Massachusetts, that he never had occasion to

investigate where Green slept at night; that he had a resi-

dence at Dallas; lived over there and came to Terrell to

vote; he was supposed to vote in that ward and witness

never questioned it (1395). On cross-examination by coun-

sel for New York, the witness testified that regular voters

in the County voted from some address but he does not

remember what the poll list showed with reference to

Green; he does not know whether or not he voted from 503

Pacifie Avenue, the home of Mrs. Jarvis (1396-7).

On cross-examination by counsel for Florida, the witness

said he was in Terrell when Green came over in 1904; he

then lived in some rooms upstairs in the old Opera House

in Terrell (1398-9) ; some time later Green had a home in

Dallas and would go from there to Terrell (1399) ; after he

left Terrell for Dallas, witness thinks he did not have a

home in Terrell but came down in his ear (1400).

On recross-examination by counsel for Massachusetts,

the witness stated that in 1927 Green’s private car was not

parked in Ward 3 but he cannot say where it was parked

afterwards; there was a side track in Ward 3 belonging

to the Midland Railroad but witness cannot say whether or

not the car was parked there but knows if was parked some-

where on the Midland or the Texas & Pacific Railroad

tracks running through Wards 1, 2 and 8 (1408): witness

does not know whether Green ever slept in Ward 3 a single

night in his life (1410).

James Brancu T'arTT, a resident of Terrell, Texas, testi-

fied that he first went to Terrell in 1893 and remained

several years and after an absence, returned there definitely

to live in 1917 (1411-12); that he came to Terrell to work

for the Texas Midland Railroad and became acquainted with

Green, its President (1413)—first as an accountant and

afterwards as auditor and_ traffic manager—until 1900

(1414); Green was then living at the Harris House and

witness stayed at the same place; he afterwards moved to

the building known as the Opera House across from the

hotel and witness moved with him (1414); Green told wit-

ness and T. E. Corley that he had rented the upstairs of

the building and was going to fit it up for living apart-

ments and they could live with him, paying the same board

they paid at the hotel; the rooms Green rented were on the

south side of the building—four large rooms on the second

floor, the first at the top of the stairs was the kitchen and

bathroom and sleeping quarters for the cook, the next room

Was the dining room, then a bedroom ocenpied by witness

and Corley, and then Green's bedroom: on the other side

of the hall was the Opera House: Green had a negro servant

who acted as his valet and waited on the table (1415-16);

the pine floors were carpeted with fine carpets and the

furniture was nice: he had a new dining room table which

was drawn out with a crank: witness staved there about a

year until he was married and then left: the others remained

(1417); afterwards Green rented the Whole second floor

of the building and established his office and traftie depart-

ment there and witness had his office there: Green oceupied

his bedroom for some time thereafter (1418); Green after-

wards had an apartment on Elm Street in Dallas and then

built the Commerce Street honse in Dallas (1418-19); wit-

ness came 1n contact with Green nearly every day while

stationed at Terrell between 1893 and 1900 (1419); in addi-

R

59

tion to his railroad activities, Green helped to organize and

was active in the dramatie society and took quite an active

interest in polities, helped finance a baseball team and

military company (1420): he was a Republican and finally

became Chairman of the Executive Committee (1421); wit-

ness left Terrell in 1900 and did not return until 1917; the

last time he saw Green was in 1920 in the American National

Bank at the time the President of the First National Bank

of Terrell committed suicide; he was sitting at the table

with a big stack of money piled up in front of him (1422);

witness had not seen him in several years and told him he

was glad to see him and Green said ‘I am glad to be home

again’’ or ‘It is good to be home again’’ or something like

that (1423).

On cross-examination by counsel for Florida, witness

testified that the las’! time he knew anything positively about

where Green lived was in 1900 (1425).

On cross-examination by counsel for New York, witness

testified that while staying at the Oriental Hotel in Dailas.

(ireen also had a bedroom at Moore Avenue and Virginia

Street in Terrell which witness thinks was in the second

ward (1425-26 and 1440).

Counsel for Texas then offered Tex. Ex. No. 32, a photo-

stat copy of an affidavit of Edward H. R. Green made in

New York City November 13, 1916, regarding a personal

assessment against him as a resident of the State of New

York, in which he stated, ‘‘Edward H. R. Green, being duly

‘worn, says, T am the person named in the annexed notice

of assessment for personal estate as a resident of the City

of New York for the year 1917. IT am not and never was a

resident of the City of New York or of the State of New

York. I was born in London, England, the son of Edward

H. Green, who was a resident of Bellows Falls, Vermont,

and of Hetty H. R. Green his wife. In or about the year

1893 T took up my residence at Terrell, Texas, and ever

since have been and stil] am a resident of Texas. I am and

for about twenty-three vears last past have been President

and General Manager of Texas Midland Railroad, a cor-

poration operating a line of railroad in Texas and having

its offices at Terrell, Texas. I was Chairman of the Roe-

publican State Executive Committee of Texas for eight con-

secutive years beginning in or about the year 1896, During

the years 1911 to 1914 inclusive I was an officer on the staff

of the Governor of Texas by appointment of the Governor.

60

I have voted at Terrell, Texas, at every election since the

Year 1893, and voted there on November 4, 1916. T have

paid poll taxes at Terrell, Texas, for many years last past

including the year 1916. Kdward H. R. Green.” (1429).

Also Tex. Ex. No. 33. a photostat copy of a similar affidavit

dated November 13, 1916, in which he said, ‘Edward H, R.

Green, being duly sworn, says, | am the Edward IT. R.

Green mentioned in the annexed notice of assessment of

resident of City of New York for personal estate for the

year 1917. I am sole Exeeutor and Trustee of the estate

of my mother Hetty H. R. Green, My sister Hetty Sylvia

H. G. Wilks, who is also named in said notice renounced and

refused appointment as an Executor and Trustee of said

estate. Said Hetty H. R. Green was a resident of Bellows

Falls, Vermont, and her will was probated there, | append

hereto a certificate of the Probate Court of the District of

Westminster, Vermont, certifying to my appointment.”’

and repeated the statement made in the preeeding Exhibit

No. 32 as to his residence in Terrell, Texas (1434-5 and

1442).

Counsel for Texas gave in evidence certificates of stoek in

various Companies organized under the laws of or engaged

in business in the State of Texas in which Green owned

stock, as Tex. Exs. Nos. 3 “37 (1446-1453),

Also Tex. Ex. No. 38, a power of attorney from ‘*E. H. R.

Green, of Terrell, Texas,”’ executed October 18, 1926, and

acknowledged before a Notary Publie, appointing Campbell

E. Locke, of New York City, his attorney before the Trea.

sury Department in connection with matters of taxation,

especially questions relatine to his income tax for the years

ending Deeember 31, 1999 and 1923 (1456-7).

Also Tex. Exs. Nos. 39, 39-A, 39-B and 39-4, beine Certj

fieates of Tax Collector of Kaufman County, Affidavit of

Tax Collector of Kaufman County, County Clerk of Kanuf

tian County, and the City Secretary and Tax Collector of

Terrell, Texas, to the effect. tha: Green had paid his poll

tax and voted in the City of Terrell, Texas, for the years

1910 to 1916, inelusive (1461-1468).

Also Tex. Exs. Nos. 40 to 63 and 67 fo 86, being copies

of deeds and other instruments of title to realty to and from

Green, from the Land Records of Dallas, Lamar and Kanf-

man Counties, Texas, in which Green Was described as *‘of

aaa =

61

Terrell’? and/or **County of Kaufman, Texas,”’ covering the

period from 1893 to the time of his death (Tex. Exs. Nos.

4 to 63; 1469-1584 and 67 to 86; 1633-1698).

Also Tex. Ex. No. 64, copy of application of Edward H.

R. Green, residing in Terrell in the County of Kaufman,

State of Texas, and Miss Mabel K. Harlow, of Highland

Park, in the County of Lake and State of Illinois, for a

marriage license, signed and sworn to before a Notary

Publie July 9, 1917 (1585-1592).

Also Tex. No. 66, photostat copy of the Will of Hetty H. R.

Green, dated March 28, 1911, proved and allowed July 22,

1916, in the Probate Court for the District of Westminster,

State of Vermont, (1592-1608), and particularly Item 7,

reading, ‘‘I give, devise and bequeath all the rest, residue

and remainder of the Estate of my deceased father, Edward

Mott Robinson, to my beloved son Edward Howland Robin-

son Green, of Terrell, State of Texas, and to his heirs and

assigns forever; the same to be for the sole and separate

use and benefit of my said son, to the exclusion of any inter-

est therein or control thereof by any wife whom he has or

may wed."* (1593-5)

-__—

Bryce L. Twrrry testified that he was Superintendent of

Baylor University Hospital at Dallas, was born four miles

east of Terrell in 1898 and lived on a farm there for about

ten years; as a boy he was acquainted with Green and played

ou the farm of Colonel Green, which was a large farm, with

a two-story unpretentious farm house (1699-1702); that

his father was often there to dine and Green entertained the

neighboring farmers there; that his equipment was better

than the neighboring farmers (1702); Green would come

there for a week or two and then be away some times for

everal months (1703); Green cultivated the friendship of

he neighboring farmers, sent them fresh meat when he

‘illed, ete., sometimes ate with them and seemed to have a lot

f people from Terrell or other places to eat with him

(1706-7).

On eross-examination by counsel for Florida, the Witness

aid he left the farm in 1910 when he was about twelve vears

id; that when Green was there the farmer’s wife took

harge of the house and supervised the cooking (1708-9)

I ts, sees eee en

62

Harry Gausrarrn testified that he was a resident of Ter.

rell, Texas, and editor of the Terrell Daily Tribune; jn

1893 he was a reporter on the Times Star; knew Green and

met him on the occasion of his first visit to Terrell in 1993

at the Harris Hotel; he was sent there to interview him

about an item that had appeared in the daily news regard.

ing his purchase of a branch of the Houston and Texas

Central Railroad, known later as the Texas Midland (1731);

Green told him he had bought the Railroad; that he Was

going to make his home in Terrell and was going to make

it one of the best Railroads in the Southwest; that he Wanted

the best power, rolling stock, heaviest steel and best road-

bed, and he proceeded to do all of those things ( 1752); Green

then lived at the Harris Hotel for #t short time and they

built the Green Flats in what is knowa as the Harris Opera

House; Green was a many sided character—he could not

only run the Railroad but could ‘‘wild-cat’’ for oil, study

astronomy, fight the boll weevil, run a chicken ranch and

demonstration farm, was a patron of aviation, ete, (1733);

he was public spirited and entered into the activities of the

community ; witness played on his baseball team; Green was

end man in the loeal minstrels and Was active in Republican

polities (1734); Green had the first moving picture machine

and the first automobile in Terrell; he has interviewed

Green hundreds of times, went to his office every day ; wit-

ness has lived continuously in Terrell since 1883; that in

the late nineties or early 1900's, witness referred to Green

as **Colonel Green of Terrell and New York’? and Green

took offense at the “New York and said Please leave that

off—I am from Terrell’ (1737); in 1927, he saw Green in

his private car at the intersection of the main street of

Terrell with his Railroad, about the reported sale of the

Railroad; Green said it was so, and that the Railroad had

never been a bonanza from the start and latterly had been

all vanity and vexation, and besides his care of his business

in the North was all that he could do and he had concluded

to sell. Witness asked him if the sale of the Road meant that

he was going to throw Terrell into the discard and cause hin

to shake the dust off his feet and he replied, ‘*¢ ‘ertainly not;

Terrell has been my home since 1893 and will so continue to

the end”’ (1738).

In 1935, Green’s private car came through Terrell on his

way North from Marlin and witness was delegated by the

Chamber of Commerce to present some resolutions of svm-

re ee -_ — LOO LN TE bw EN LON LIN TE ORE tha Nose OT AS

63

pathy and hope for his recovery to him in his private car, but

they said he was too sick to receive even his Terrell friends

and witness presented the resolutions to Mrs. Green on the

rear platform,

So far as witness knows, no one was admitted (17: 9).

On cross-examination by counsel for Massachusetts, the

witness testified that since his testimony in the New York

Case he had consulted the files of the Terrell] Daily Tribune

and found that he had interviewed Green in 1927 (1748).

On cross-examination by counsel for New York, the wit-

uess testified that Green had a room engaged at the house

of his neighbor, Mrs, Jarvis—directly across the street from

him; that he has never seen Green there (1752). (Sub-

sequently, at the hearing jn New York City January 10,

1938, counsel for Texas produced a letter from the witness

trausmitiing the clipping—Tex. Exs. Nos. 88 and 88-A—

and stating that he had two interviews with Green on May

10, 1927, and in the second interview he made the remark to

which witness testified (1805-14).

At the hearing in the Roosevelt Hotel, New York City,

January 10, 1938, counsel for Texas further gave in eyi-

dence Tex. Ex. No, 89, a photostat copy of the Certificate

of the Treasury Department dated September 1, 1936, cover-

ing the verification of the income tax return of Edward H. R.

Green, of Terrell, Texas, for 1917 on file in the Department

(1827). The Schedules accompanying the Certificate were

admitted as N. Y. Ex. No. 10.

Counsel for Texas therenpon gave in evidence Tex. Exs,

Nos. 90 to 274, inclusive, being copies of deeds and other

instruments of conveyance to and from Green, duly exe-

cuted between 1894 and 1928, and recorded in the Counties

of Kaufman and Hunt, State of Texas, in which G reen was

described as of the County of Kaufman, State of Texas,

(1848-2132, )

Also reports of the Texas Midland Railroad on file with

the Railroad Commission of the State of Texas from 1893

0 1926, in which it was recited that Green’s residence, as

President was Terrell, Texas, in corroboration of the testi-

nony of the witnesses Corley and Wells, who stated that he

ad instructed them to put in his residence as Texas (2137

187; Tex. Exs. Nos. 275 to 27555).

Also Tex. Ex, No. 276, a copy of the certificate of the

‘omptroller of Publie Accounts of the State of Texas, dated

uly 29, 1936, certifying that an eXainination of the Tax

eee

OTR Ie eee PO ABIES Bet ORT a, Pm EX

a tl he we

SOE RP AREY NE a

64

Collector’s Rolls of Kaufman County showed tax payments

in the name of Colonel Green for the years 1919 to 1929,

both inclusive, of a State tax of $1.50 and a County tax of

25¢ (2189-91).

Counsel for Texas also gave in evidence, as Tex. Ex. No.

277, Mass. Ex. No. 34 for identification (1393 ; 2365-7), being

receipts issued to Green for poll tax paid to the City of

Terrell and the County of Kaufman, Texas, for the years

1910 to 1929, both inclusive, for the purpose of showing the

payment of poll taxes by and on behalf of Green in the years

indicated (2205-6; 2215- 16). The receipt for 1909 bears

the stamp ‘*Voted November 8, 1910’’; that for 1911 is

stamped ** Voted in 1912’’; that for 1913 is stamped ** Voted

November 3, 1914"; that for 1915 is stamped ‘*Voted in

1916°*; that for 1917 is stamped ‘‘ Voted in 1918’’, and that

for 1919 is stamped ‘* Voted November 2, 1920°’ (2366).

Counsel for Texas thereupon gave in evidence Sections

ie and 2968 of the Revised Civil Statutes for the State

Texas for 1925, exempting poll tax for persons over

rete years of age (2239-2243).

‘*Art. 2960 (2943) Exempt from poll tax.—Every person

who is more than sixty years old or who is blind or deaf or

dumb, or is permanently disabled, or has Jest one hand or

foot, shall be entitled to vote without being required to pay a

poll tax, if he has obtained his certificate of exemption from

the county tax collector when the same is required by the

provisions of this title. (Id.)’? (T. 2250-2259.)

Counsel stipulated that under the law Green was exempt

from the payment of poll tax because of the loss of his leg

but continued to pay the poll tax one year after he was

ugain exempt because over sixty years of age (2244-5).

Counsel for Texas gave in evidence Tex. Ex. No. 280,

being a copy of the certificate dated May 17, 1937, addressed

to Thomas W. MeDonald, Temporary Administrator, Estate

of Edward H. R. Green, signed by Roy H. Palmer, First f

Assistant Director, Income Tax Bureau, certifying that an [

examination of the records of the Tax Commission of the

State of New York showed that no income tax return was

filed by said Green under the provisions of Article 16 of

the Tax Law of the State of New York prior to the date of

his death, June 8, 1936 (2264-7).

Also Tex. Exs. Nos. 281 and 281-A and B, photostat copies

of letters dated November 14, 1916, from the files of Colonel

OPS CI OS oT ad PURE Sera Ae EAS EEC CREE) Ota Oe ORD

65

Green, signed by Charles W. Pierson, of the New York firm

of Alexander & Green, personal general counsel of Green

and now deceased (2269-70 and 2278), (and the corrected

certificates of assessment therewith transmitted) in which

Pierson said; ‘‘ After a hearing before the Commissioners

of Taxes today we succeeded in having the assessments of

$20,000,000 and $10,000,000 against the Estate and yourself

individually cancelled. Enclosed are certificates in custom

ary form signed by one of the Commissioners (White)

showing such cancellation. These should be caretully pre-

served’’ (2271).

Also Tex. Ex. No. 282, notice of assessment of tangible

property of non-resident for the year 1932, ‘‘ You are hereby

notified that the tangible personal property owned by you

and having an actual situs in the City of New York, and

not forming a part of capital invested in business in this

State, has been assessed for the year 1933, at $5,000”

(2280).

Counsel for Texas gave in evidence Tex, Ex. No. 285

(2293), Certificate of Incorporation of the Green Floral

Company executed March 24, 1909, in which it was recited,

“That we, E. H. R. Green, Eugene Corley, Harry Don-

nelly and A. Millar, all citizens of the State of Texas, and

all residing in Dallas, Texas, except the said BE. H. R.

Green, who resides in Terrell, Texas, have and do hereby

associate ourselves together for the purpose of creating a

private corporation under the laws of the State of Texas’?

(2294).

Also Tex. Ex. No. 286, a copy of an application for mem-

bership by Green in Lodge 5, Knights of Pythias, dated

April 6, 1893, stating ‘‘his residence’? as ‘Terrell, Texas’?

(2302).

Also Tex. Ex. No, 287, copy of an Agreement executed

May 7, 1928, between “B. H. R. Green, of Terrell, Texas’

and the Southern Pacific Company for an option to pur-

chase his share of stock in the Texas Midland Railroad

Company (2306).

Also Tex. Ex. No. 288, report of certain proceedings in

the matter of the transfer tax upon the Estate of Hetty

H. R. Green in the Circuit Court of New York County,

o—11, Orig.

pete nereuceerescemmeercneee mes en oe a Ve Tce (ne a

66

State of New York, in which said Edward H. R. Green

testified (2326; 2331-2337) :

‘‘Edward H. R. Green, being duly sworn, deposes and

says:

‘I, That he resides at Terrell, Texas.

“If. That said decedent died on the 3rd day of July,

1916, a resident of Bellows Falls, State of Vermont, tes-

tate, and letters testamentary were issued on the 22nd day

of July, 1916, by the Probate Court of the District of West.

minster, State of Vermont. The facts showing the dece-

dent to be a resident of such State are set forth in the afii-

davit of E. H. R. Green as to residence of decedent, verified

November Ist, 1916, which is attached hereto and made a

part hereof.

‘‘Whereas, on the 22nd day of July, 1916, an instrument

in writing, purporting to be the last Will and Testament

of Hetty H. R. Green, late of Rockingham in said District,

deceased (a copy of which is hereunto annexed) was duly

proved and allowed by said Probate Court, as the last Wil]

and Testament of said deceased:

Edward H. R. Green, Estate Witness.

‘““Q. New Bedford, Massachusetts?

‘*A. Yes, sir.

‘“*Q. This was bequeathed to her by her aunt, Sylvia

Aun Howland?

‘*A. Yes, sir.

‘*Q. You say she had no furniture or household fixtures

anywhere else than at Bellows Falls at the Tucker House

except for this stuff bequeathed by

‘‘A. That’s all I know of.

‘“Q. You said that you were manager of the baseball

club until you went to Fordham; did you go to college—

Fordham College?

*‘A. Yes, sir.

‘*Q. What years were you there?

‘‘A. I was there in 1886 and 1887.

“Q. Then where did you go?

‘A. Ll went to Chicago to look after business properties.

es PA DIG ti yy > tee tel Eee OE AT ae Da noes ae TD

67

“Q. How long were you in Chicago?

“A. I think it was about a year and a half.

“@. Where did you go next?

‘A. I came back East and made arrangements—went

down and foreclosed a piece of railroad called the Texas

Central Railroad, and which I took charge of.

“Q. That is in Texas?

‘A, Yes, sir; in 1892.

‘‘Q. What office did you take with respect to that rail-

road?

‘‘A. President and General Manager,

‘‘Q. You became President and General Manager when?

‘A, February 28, 1892.

‘*Q. Now, isn’t it a fact that after you went to Chicago

in 1887, you were there until shortly before you went to

Texas?

“A. It might have been three or four months

This text is long and has been trimmed here. Open the source document for the complete record.