The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-12

amoaVt, uated NOV: 9TH, 1883, taken In this suit,
| and have examined the vouchers, footings and
papers mentioned herein. l fully concur in the
statements made by said Rice in said affidavit, and
| concur In the results arrived at by him. The sys-
TEN of keeping the appears to be methodi-
cal and correct, the arrangement Of vouchers for
disbursements, and, in fact all matters pertaining
said books exhibit great care and precision such
\ as ls seldom found among the best bookkeepers.
aL.er careful examination OF the bill OF complaint
MED In this suit which purpors TO aege the state Of
accounts as shown by the books Of Said Mattoeks
hnd the following glaring inaccuracies; The bill
in the asset account in the quarter ending July 1,
1882, whi the account itself shows $40 900 more
! disbursed to the Wiuslow Packing Company while
| the account itself shows about $17 900 more than
to the state Of accounts January /, 1872 is pract
caly on its face $4,000 out of the way, making In
all S3l 900 in error, which, added to the items q
S9,67399 and So 529.47 for goods paid for by sail
Mattocks in the second and third quarters Of 1889,
| but not turned over 10 the company until Decem-
ber clearly appears by the assets account, makes
Gated by the accounts. After careful examination
Of the accounts am utterly unable to deIermine
how any person could have arrived at any such re-
0''''''' - ' GEo. 6. BURGESS.
The afiidayits of ]. P. Baxter and George Burn
ham, DR., showing the reasonabeness OF the charges
for servi in the management OF the business, and
/ of Hon. Josiah II. Drummond, showing the same
thing as to the legal charges were read
This closed the case for the respondents, and tho
court adjourned until 2.30 IN.
In the afternoon General Mattocks was sworn and
was inquired of by Mr. S. q. Strout to whether or
not the debt to Thurber had been reduced since tho
negotiations began. General Mattocks said that the
lars and had been reduced recentlyi but that this
did not affect the amount to be paid by the Winsow
Packing Company TO redetm the assets. rhe
| Judge ruled out the evidence given by General
Mattocks on the ground that 1t was not Admissible
in rebuttal. General Mattocks expressed hts vii.
lingness to answer any questions II he was allowed
to ask some of Mr. ). @. Strout whereupon tne Iol-
| and l6e counsel Of Mr. Jones:
"wil You allow me to ask yOuA question, MI.
Strout"
Mr.. S. c. Strout You may ask me anything.
win answer; If do not, will tell you cannot,
and won't object to being examined.
Mr.. Mattocks-DdI not call on you when got
back from New York.
Mr.. s. @. Strout-Yes, sir.
Mr.. Matte cks-Did not then inform you that
thought you did not know your case
Mr. 5. z. Strout-I think you used some such re-
mark as that.
Mr. Mattocks-Did not tell you that you had not
asked me how much owed Thurber, and that 10
might be well for you TO look into that before you
commenced proceedings.
Mr.. S. @. Strout-I have recollection Of any
thing Of that sort
Mr.. Mattocks-Win you swear that did not,
Mr.. s. @. Strout-I do not like to swear 70 con-
Mr.. A. a. strout--lto Mr. MattOcks)-Do you say
that you did, General.
Mr. Mattocks--I do.
Mr. S: 9. Strout-I think you are mistaken.
Mr.. Mattocks-I am not mistaken. Did not tell
you when got back from New York that thought
these proceedings not for the purpose of
tanning the true state of fhe accounts but for
the purpose of getting control of the company.
Mr.. S. c. strsut-You may have said so; We have
had so many talks.
Mr.. Matt0cks-Does not that stand quite promin-
ent in your recollection.
Mr.. S @. Strout-I think you stated something of
Mr.. Mattocks-Did not inform you when got
back from New York that had retained counsel,
and should have no more nego iat0ns with you, and
that you might proceed to de your worst.
MIR. s. c. StrOut-Yes.
Mr.iMattocks-Did 1 not then tell you that you
DID not know the state of accounts between me and
Thurber, and that it might be well for you to look
into that n after before you proceeded.
Mr.. s. G. Strout-I do not remember it; you may
have dor e so, but do not remember it.
Mr.. Mattocks-Now, sir. did not your client say 70
me, did not you say to in his presence, that II
would resign and turn the company over TO him
there would be no trouble about the accounts, or
substantially that.
Mr. S. @. Strout-I told you several times that you
asked me what was wanted.
Mr. Mattocks-Will you answer my question d.
rectly.
Mrs. S. c. Strout-I told you that there was dis
satisfaction with your position and management
and that Fhey wanted you to resign as president.
rectly.
Mr. S. G. Strout-I never said anything of that
kind to you.
Mr.. Mattocks-D Didn't you say there would not be
Mr.. S. C. Strout-No; 1 told you this: did not
say turn it over to Jones, because you could not
turn 1t over to JONES' The stockholders had got to
elect the president, and to turning it over, no
body could do that, and it was not asked told you
that our people were dissatisfied with you, and
the matter for the stockholders to elect president;
and told you that if that done our position
would be to go and settle the accounts quietly
and legally and, / did suppose from your ac-
counts If you were behind, the matter would be ar
ranged in some way, and that had no doubt there
would be no trouble about It, or some ehing-to that
effect.
ence, ask me to resign, and put him in president.
Mr. S. G. Strout-That may be.
Mr. Mattocks-Won't you answer by yes or no.
Mr. s. q. Str0ut-I do not quite dare to. There
has been so much talk that do not quite know.
Mr. Mattocks-Won't you assume little coma age
Mr.. s; G. strout we have been talking for six
Mr.. Mattocks-Was that not the substance OF
what he said.
Mr.. S. @. Strout-I think very likely.
Mr.. Mattocks-What was my reply.
Mr.. s. @. Strout-The declaration cannot tell
Mr.. Mattocks-I will refresh your recollection
Did not tell him could not resign in justice to
Thurber and other parties who had advanced
money; and did he not say to me, ''You put me in
president. and will make the corn cost so much
this year tbat there will be profit in it," and did
he not say also that nobody got ahead of book
keeping.
ber.
Mr. Mattocks-will you answer that question.
Mr.. s. O. Strout-I cannot, General.
did.
The court declined to hear anything further that
was hot strictly in rebuttal, and after one or two
other questions Mr.. s. G. Strout arose and said:
Nay 1t please your Honor:
1t appears from the affidavit of General Mattocks
Co. for advances Of 1882 is now but S46, 900. We
understood when the motion made and in all
our negotiations with General Mattocks. that the
ated TO the contraryto US. 1t now appears from
General Mattocks statemene that after our negoti-
ations with him had ceased, within day or two Of
the filing of this bill, General Mattocks paid or ar
ranged with Thurber 8 Co. Tor s30,0O0 Of the debt
and thereby reduced the claim against the inslow
Packing Company to S45,OOO Upon this relief to
the Winslow Packing Company the cause for which
made has been removed, and we therefore withdraw
our motion leaving the bill 10 stand for final set
Element of the trust"
1--WE do not accept the explanations given for the
action taken by the complainants in this nor do
we admit that there has existed any grounds
for the bringing of this bill. We claim that we are
entitled to the judgment Of the court after there
charges hsvebeeA publicly made, and after we have
dence that has been submitted. IT, at this lae day.
this motion can be Withdrawn and thus avoid the
decision of the court upoa the gtoundlessness OF
these charges something of the injustice that has
already been doee Mr. Mattccls in the bIsagins Of
Ihi. Dill Will inhere IN these Pr0sesedlogs: give
costs, If any further hea ing upon this bill is in
tended. The bill itself has not even been served
upon our CLIENT"
In reply to the statement of MIR. S. c. Strout that
he had asked Mr.. Mattocks Tor statement Of the
accounts with Thurber & Co., but had not obtained
them, Mr.. Mattocks said: 81 claimed $780,
900 due me, and do now, and am ready to go into
Mr.. A. A. Strout, counsel for the winslow Pack
ing Company, said: "of course we cannot prevent
the complainants counsel from withdrawing his
motion for an injunction and a receiver, and
abandoning the case which he has been presenting
to the court for five days but do not assent to
the reason given by him for his action. We have
been Ieaoy to meet these charges from the begin
ming with testimony, and have presented testimony
from all asses of persons interested, entirely
onerating General Mattoeks from the false charges
which have not only been made here but industri-
ously circulated all over the country by John Wins
low Jones, hhe eomple einant as 1 believe ave had
hoped that, instead of the exoneraton coming from
the counsel for the complainants in thus abandon
ing their case, shond have had decision OF the
court and thus place on record judicial finding of
the groundlessness of these charges, and we have
come here, prepared from the first to meet with
testimony these outrageous and groundless accusa-
tons which have been made for the purpose Of
running business which has been raised from the
slough into which it has been cast through the in
efficiency of John Winslow Jones, into its present
of credit ami prosperity by the treess energy
and good management of General Mattocks. But
since the course of the complanants' counsel pre-
cludes such decision by the court, can only say
that We shall always be ready to meet these or any
other charges which John Winslow Jones may see
fit to make, anywhere, at any time, and under any
circumstances"