The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-07

I0pElIudlucQ bH6 QopdItuAO iioA buO
question:. Concluding his sentence Mr.. Strout
said ''the rush and hurry of business and
multiplicity of cares would fully account for
all we alleg." Attention was next called to
the incongruity of one man filling at the same
time the position of president and trustee.
One man ought not to be able to approve his
own acts.
By agreement with Mr.. Jones, Mr.. Mattocks
took the presidency of the company for 1882,
but for 1882 alone. In 1888 it was by virtue of
new agreement with Thurber & Co. that he
was continued in his position. All the capital
which is in the concern Jones has put in, and
it is little novel to be arraigned when we
wish to know what has been done with 1t.
Stock has never been issued to farmers or
creditors until last summer, when an account
was demanded. Mr.. Mattocks has received
for bis services from January, 1882, up to the
present time about $4,000. Beside this there
are in the court suits pending against the old
company, many brought for debts which have
in fact been paid, and yet they are pending to-
day, and for them very large sums as term fees
have been charged.
At the conclusion of Mr.. Strout's opening the
hearing was adjourned until 3 D. M
The afternoon was mostly consumed in read
ing contracts. The compliments put in the
organization of the Winslow Packing Compa-
ny, the contract between Jones and Mattocks
and the contracts between Msttocks and Thur
Der in 1882 and 1883. The stock ledger of the
Winslow Packing Company was placed in evil
dence, the conveyance from j. Winslow Jones
Pr ~ N n IL.
property, and the accounts of receipts and dis
bursemeIts rendered by Mr.. Mattocks.
Just before adjournment, the complainant
called as witness, John A. Hayden, secretary
of the Winslow Packing Company, he having
been served this morning with a subpoena
daces tecum. Under direction of counsel for
respondents he declined to produce the books
OF the company unless directed to do SO by the
court. The question was discussed at length.
Mr.. Libby said in substance: Under sub
poeaa duces tecaan in proceeding of this ma
ture party to the suit cannot be compelled to
produce their books of account. II this order
is granted our books are brought into court and
put into the hands OF counsel; they are taken
out of the possession and out of the office Of
the company. 1t is most extraordinary
thing if in suit in equity, on a preliminary
hearing, by a subpoena issuing out of the office
OF the counsel of one of the parties, an order,
without consultation with the court, without
on opportunity of the party defendant to be
heard, can be issued bringing into this court
''all books of account of the Winslow Packing
Co." There has been no denial to them of
access to or examination of the books; they
have had full opportunity OF examination, and
am instructed that they have copies. 1t is
not necessary for US to rebut groundless
charge of fraud.
Mr.. Mattocks added: "You can have an ac-
count of everything that relates to me; but
do not propose to have the Winslow Packing
Companys business overhauled by you. You
already have copies of my personal accounts
with the company and also as trustee
Mr. S. G. Strout said that lie was surprised
that this objection was made in the face of
this charge, that, upon such investigation as
they have been able to give, Gen. Mattocks,
the trustee, has not accounted for all monies
he ought to have accounted for; that he sup
posed that Gen Mattocks would be very glad
to show at the first opportunity that he had
done SO, and exonerate himself fully. 1t is
true that the books have been open to counsel;
it is true that Gen Mattocks furnished what
supposed to be transcripts of his books. From
those books We arrive at certain conclusions.
Nov we propose TO prove to the court those
conclusions. Your honor has not the benefit
of anything we have seen.
Mr.. Libby-Use accounts that we have
furnished you.
Mr.. s. @. Strout-We are going to. SO far as
they go, but we want to prove the organiza-
ton.
Mr.. Libby I'VE admit that.
Judge Virgin declined to direct the records
to be produced at this time.
The counsel for respondents indicated the
complainants that if thsy would furnish
written statement Of what copies were wanted,
beyond what they already had, they would be
furnished If pertinent to the issue.
Adjourned to 10 a. m. Wednesday.