# Appendix — Texas v. Florida

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1938
- **Citation:** 305 U.S. 570

## Text

NOY 14 1938

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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

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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

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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

armemeeeaee FTE TRE EAL NTT RENEE ANTE BA: Bm ———

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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;

.

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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

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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 “
.

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, 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 with a
lapse between the time that we were reorganizing the road.

‘“Q. Three or four months between the time when you
came away from Chicago and the time you went to Texas,
you mean?

“A. Yes, sir.

“Q. Where have you resided yourself since 1892?

‘A. Terrell, Texas,

‘“Q. You have lived there ever since?

‘A. Until about five years ago.

“Q. You still retain your residence there, don’t you?

‘‘A. That’s where I vote, yes, sir.

‘*Q. You are still President and General Manager of the
Texas Midland Railroad?

‘A. Yes, sir.

“Q@. After going to Texas in 1892, how frequently did
you see your parents?

‘A. I used to spend the month of August at Bellows

“@. You spent the month of August with them?

‘TA. Yes, sir.

“Q. At Bellows Falls?

‘A. Yes, sir.

“Q. And where in Bellows Falls?

“A. At the Tucker House.

“Q. Your father and mother would be keeping house
there at the time?

68

‘fA. Yes, sir.

‘“*Q. Do you remember the time of your father’s last jj].
ness and death?

‘fA. No, sir, I remember the death; I didn’t attend at
the funeral.

‘*@. How had it happened that you were not at the fup.
eral?

‘A. I was laid up sick with varicose veins,

‘*@. Had you been up at any time during your father’s
last illness?

‘A. Yes, sir, I was up twice,

“*@. Where did you go when you came up?

‘*A, At the house.

“*@. You mean the Tucker House?

‘*A. Yes, sir,
‘*Q. Bellows Falls?
‘fA. Yes, sir; we were living there.
‘*Q. What year was it that your father died?
‘‘A. My father died March 19, 1902, I think.

“*Q. Now, after your father’s death in 1902, did you come
North from time to time to see your mother?

“*A. Yes, sir.

‘‘Q. And what time of the year were you accustomed
to come North?

“A. Oh, it was always in July—the latter part of July
or August.

‘“@. And where would you see her ordinarily?

‘‘A. At Bellows Falls.

‘“*@. Do you recollect the illness your mother had in
1911?

‘fA. Yes, sir.

“*@. You came North at that time, didn’t you?

‘A. Yes, sir, she was taken sick at Hoboken.

“*@. She was lodging there at the time, was she?

‘*A. Yes, sir. She telegraphed for us to come up and
bring Mr. Ogden up; she wanted a will drawn,

“*Q. Mr. Ogden was the Texas counsel for the Green
interests, was he not?

‘fA. Yes, sir

‘“@. And it was at that time that she made her will,
Wasn't it?

‘‘A, Yes, sir,

“Q. That was made when and Where, if you recollect!

69

‘A. It was made in those Hoboken apartments on Wash.
ington Street—Twelve thirteen, or something like that,
Washington Street,

“Q. Now, since 1911 and your mother’s illness at that
time, you have spent the greater part of your time up here,
have you not?

‘A, Yes, sir.

‘“Q. For what purpose?

“A. Straightening out and disposing of the real estate
she had, which was unproductive,

Q. Helping her in her affairs generally?

‘A. Yes, sir.

‘Q. What’s the Westminster Company?

“A, The Westminster Company was a company organ-
ized for the purpose of handling Mrs. Green's affairs so
that she wouldn’t be required to sign the papers,

“Q. This company, which you handled?

‘A. Yes, sir; I was President.

*Q. Now, did she come around every day?

“A. Well, I couldn’t Say every day, but when she would
come, she would come and look in the office and see if we
were working, and if we were, asking us what we wanted—
she wanted to know if there was anything she was wanted
for. And sometimes we would Say yes, and sometimes no,
and then she would £0 again, and we wouldn’t see her in
the next two or three days.

“Q. Did she sometimes stay away for considerable pe-
riods?

‘A. Yes, weeks at a time.

“Q. If would be weeks at a time that you wouldn’t see
her?

‘A. Yes, sir. She wasn’t in the best of health, you know,
and she wanted a rest.

“Q. Since 1911 you have not been here all the time,
I suppose, have you?

‘A. No, sir, I have not been here all the time. I have
been looking after her business all the time.

"Q. Have you been back to Texas some part of the
time?

“A. Sometimes three times # year; and Oklahoma two
or three times: and California; and very often Chicago, be-
cause we have a great deal of real estate in Chicago which
we have been leasing and selling.

- ve aa

Pmt wert ie OF tae ee a Oo am ne OE Tr Orne Ey US we Lr ae OAR PY I PORE ee ee a
"

70

“*Q. Boston?

‘A. Yes, sir. I am required to go there as trustee for
the Sylvia Howland estate,

‘“Q. Sylvia Howland estate is the estate of your aunt,
Sylvia Howland, to which you have already referred?

‘*A. Yes, sir.

‘“*Q. Are you able to say whether she has been to Bellows
Falls some part of every summer since 1911, when, as you
say, you came up to help her?

‘*A. Yes, sir.

“*Q. Was she there in 1915?

‘A. Yes, sir.

**Q. Do you remember, Col. Green, your appointment as
trustee under the will of your grandfather, Hdward Mott
Robinson, in Ohio?

‘*A. Yes, sir.’’

Also, from the testimony of said Colonel Green, in said
proceeding the following:

‘*She (Hetty H. R. Green) never loaned money on e¢all or
in the ‘Strect.”. She did not deal with the public or hold
herself out to the public as having money to lend. She
maintained no office and had no office force. She had no
particular fund employed in or set apart for lending. Such
loans as she took were paid for out of her current bank
balance, which ordinarily consisted, in part at least, of ac-
cumulated income,

‘After the formation of the Westminster (‘ompany the
loans on collateral held by her were turned over to that
company and at the time of her death she held no such loans
in New York.

‘*The Westminster Company was incorporated under the
Laws of New Jersey in the year 1911 with an authorized
capital stock of $125,000. At the time of Mrs. Green’s death
(July 3, 1916) its stockholders were Hetty H. R. Green, 630
shares; Edward H. R. Green, 600 shares; J. H. [sbills, 10
shares; and W. K. Potter, 10 shares.

‘‘T have been President and chief executive of the com-
pany since Ja

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386401_0127%3A08. Public record. Not legal advice.