Morning journal and courier., 1883-05-23
The Hartford and Harlem.

The hearing before the railroad commits
sioners for the purpose'of inquiring into the
legality of the organization of the Hartford
and Harlem railroad commenced yesterday
afternoon at o'clock in the law library
room. Among the counsel present and inter-
ested in the hearing we're Ex-Governor Hub
bard, A. P. Hyde, Tilton E. Doolittle and
Charles S. Hamilton representing the various
interests in opposition to the road, and 8. E.
Baldwin, of this city, and Judge Chamber
lain, of New Britain, representing the inter
ests of Hartford and Harlem.
The proceedings were opened by request
from Mr.. Hyde, who asked that the articles
of association of the road be read.
Mr. Baldwin read the articles and before
commencing the examination he inquired
whom the different attorneys appeared for.
Mr. Hamilton replied that he appeared for
three ecclesiastical societies and also for
Samuel Brace Mr.. Hyde said he appeared
for parties over whose land it was proposed
to build this road and also for what Mr..
Baldwin pleased to term the stOlmstead Par
allel." Mr.. DoolittIe in reply to Mr.. Bald
wins question said he was not there to an
sWer questions and conundrume, but he came
to listen and presumed he could sit there SO
long as he behaved himself.
Samuel G. Thorn. of this city, was the first
witness called.
Mr. Thorn said he negotiated mortgages
and settled estates. He was secretary of the
Hartford and Harlem Railroad company,
elected in January. He exhibited the rec
rda h1 which IT Qnraarad he elected
January 2.
Gov. Hubbard and Mr.. Hyde were evil
IDENTIFY attacking the suficiency of the record
and Mr.. Baldwin objected, on the ground
that the witness was called by the other side
and had testified explicitly that he had been
acting as secretary since January I'd. That
was sufficient on that point.
Commissioner Woodruff said that the fact
that Mr.. Thorn was secretary had already
been shown that the date had been testified
to, and that 1t was unnecessary to introduce
the records.
Mr.. Thorn said he subscribed late in
December of last year-the last person to
do so-in Mr. Baldwin's Office. He was not
present when the directors were chosen.
He knew there was to be q meeting OF
the subscribers December 20, but didn't
know directors were to be elected. He
didn't subscribe until this meeting. Mr..
Baldwin had sent tor him. Messrs. Brown,
Baldwin, Lewis, Bassett, Killam, Brugger-
hoff and Day were present; he couldn't
identify any others. The meeting was
at Mr. Baldwin's Office. He came in a Httlt
before 3 O'Clock AT that time he signed
the articles of association.
Mr. Thorn said whenever two OF
three persons met he called that meet
ing. There was no appearance of ar
organized gathering that day.
Mr. Thorn said that at this meeting tel
aararo uuaS raoaivad which aI1fh OriZed Mr.
Brown to draw on Boston for money. The
amount, the witness thought, twas $40, 1000
drafts or checks were prepared by endorse
ment for deposit. Mr.. Hubbard wanted tc
ascertain further about the telegram, but
Mr.. Thorne could not remember further and
the telegram was produced by Mr.. Baldwin
It Rad as follows:
BOSTON. December %, 1882.
Simeon E. Baldwin drawn on US for $225O0 as pro
Signed, LEE, H1GG1NsoN Co.
The draft produced read:
Draft at sight to order of Henry G. Lewis, Warren
II. Day and Lewis M. Brown, $21 500, which place te
account of subscription to stock Of Hartford and Har
lem Railroad Company. Signed,
LEWIS NJ. BRowN and SIMEON E. BALDWIN.
To Lee HigginsOn & Co. Boston, Mass.
The draft was deposited in the National
New Haven bank to the credit of Il. G.
Lewis, Warren H. Day and L. NJ. Brown, di-
rectors of the Hartford and Harlem Railroad
company.
check signed by Lewis III. Brown, also
fer $21, 500, drawn on the Chase bank OF
New York was also deposited in the New
Haven National bank.
After the reading of the check and draft
Mr. Thorn said that that was the business
transacted at the meeting. He was informed
by either MIR. Baldwin or MIR. Brown that he
was to be one of the directors. His name
was placed on the list of directors by Mr..
MI LII -Iaf9a. 81
any vote being taken.
In answer to questions by Mr.. Hyde, Mr..
Thorn said thas on the morning of Decem
Der 80 he agreed to subscribe for one share
of stock. The witness did not think that
he was expected to pay for it at that time.
He has not yet paid for it. The question by
Mr.. Hyde, ''How do you expect to pay for
it ?" was objected to by Mr.. Baldwin, who
claimed it was of no consequence why Mr..
Thorn did not pay for his single share, as
the law only required they should subscribe
$43O, 1000 while they really had subscribed
for over million of stock. The company
were obliged by law to pay ten per cent. of
the $3.50, 900 or $4,000, and this amount
had been paid.
Henry G. Lewis testified as follows am
a subscriber to the stock of the Hartford and
Harlem. Think subscribed about the mid
die of December, 1882. I was present at the
election of directors in Mr.. Baldwin's Office.
Mr.. Hyde objected to any testimony re.
garding the election of directors except the
record Mr.. Baldwin said the law did not
require meeting for the election of direc-
tors.
Mr.. Hyde replied. He said that Judge
Beardsley had recently decided that the cleo
ton must be by actual subscriptions. In re-
ply to Governor Hubbard, Mayor Lewis said
he could not be positive that he received 9
written or printed notice. of the stockholder's
meeting. He was notified in some way. He
said that Mr.. Baldwin, Mr.. Brown, Mr.. Day,
Mr.. Bassett and Mr.. Kellam were present
beside himself He said that Mr..
torney and he announced, after a vote was
taken, the names of the directors OF
the company. There was a talk over the
directors and they were all assented to. The
names were selected and unanimous consent
was given to their election. Cannot tel
whether vote was actually taken. think
Mr.. Brown was elected vice president at this
meeting, but cannot tell positively who il
was, although think it was Mr.. Brown.
Governor Hubbard called for any powers
of attorney that Mr.. Brown may have had al
the directors meeting in question.
Mr.. Baldwin objected until Mr.. Brown was
put on the stand.
The commissioners overruled the objec-
ton and Mr.. Baldwin produced the proxies,
Mayor Lewis continued: I cannot say pos
itively that 1 signed these proxies on the
date, but think did.
Continuing Mayor Lewis said the pay
ment of stock at this meeting was made by q
check given by Lewis NJ. Brown, which was
deposited in bank by Mr.. Baldwin the next
morning. The amount was $43 900 and was
to be drawn by checks given by the president
of the road. He said he supposed what
money was deposited was in the bank except
what had been paid out to engineers. He
did not think the money paid out had been
reported to the directors. He had never
heard that any portion of this money had
been returned to the parties who subscribed
it.
In reply to Mr.. Hamilton, Mayor Lewis
said he was positive that he saw Mr.. Thorn
at the meeting of stockholders and he
thought he was there at the commencement.
He thought, also, that Mr.. Thorn was elect
ed secretary at that meeting, and that he kept
the records after he was elected. He could
not say that there had been q stockholders
meeting since the time in question.
In reply to Mr.. Hyde, Mayor Lewis
said that he had not paid one cent on
his stock, because no installments had
been called for. He supposed that what
money was paid in by Lee, Higginson
d Co. and Mr.. Brown was for the general
stock subscribed, the others to pay al
some future time.
After q brief recess Governor Hubbard
said they were substantially through with