St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-15
MIR. DARR HITS BACK.
nore Interesting Affidavits in the
Nelson Lumber COmpany's Suit.

Nelson Lumber COmpany's Suit.
This morning at IL o'clock the applica-
ton of NJ. NJ. Darr and Walter Mann for
temporary Injunction against c. n. Nelson
It al. TO prevent Nelson and other mem
bers of the board Of directors Of the c. n.
Nelson Lumber company from removing
Mr.. Darr from his position as treasurer OF
that corporation will come up before Judge
Wilkin. The object of the present hearing,
which is adjourned from last Monday night,
s to allow the attorneys for Mr.. Darr to
present rebutting affidavits. A reporter OF
.he GLOBE last night called upon Messrs.
Bigelow, Flandrau d Squires, plaintiffs at
torneys, and was kindly allowed to exam
ne the affidavits in question. They are In
substance as follows: Walter Mann, presi-
lent of the Third National bank, swears
that he is an owner Of 200 shares OF the
took Of the defendant corporation, of the
par value of SO, 900; that he has the fullest
confidence in DaT'S integrity and ability,
md that he believes the interests OF the
lumber company will be best subserved by
Mr. DarrS retention in his position as
treasurer of that organization. William X.
Merriam deposes that he is a holder
of the stock of the defendant cor
poration to the amount of $50, 900. After
language similar to that employed by Mr..
Mann, affiant goes on to relate that prior TO
the last annual meeting of the lumber COM
pany, on the 9th of June last. he (Merriam)
together with John l.. Merriam and c. ID.
Gil6llan requested Nelson to allow their
stock. which amounted i'm the aggregate to
$500, O00-a representative upon the board
of directors This, he said, was refused by
Nelson, and thereupOn the afiiant Informed
MI DaTr the treasurer of the company,
that il Mr.. Nelson desired the business of
the lumber company TO be transacted in
future by the Merchants National bank,
that Nelson must come to him personally
and make some arrangement. Mr.. Mer-
RAM further says that this was done by
Nelson in accordance with his desire so
expressed to Darr. Plaintiff also purposes
to present to the court on affidavit by Mr..
Darr himself, in which. after denying any
attempt on his part to obtain the presidency
of the lumber company, he
DETAILS A CONVERSATION
in which he was asked by Mr.. Auerbach if
he would accept the latter office if Nelson
were removed, but in reply declined to do
so. He TecOunts the circumstances which
led to the investigation of the Saltwater
branch of the company 1.-THE books of
which had been kept under Nelson's
supervisory, and charges that a dis
crepancy of $1,000 was discovered,
which Nelson made good. and alleges
that no vote of confidence in or vindication
of Nelson was ever presented to the board
of directors for consideration or passed by
that body. Continuing, dr. Darr charges
that he had, on several occasions, refused
TO allow wrong and unauthorized entries
to be made upon the books of the company,
although requested by Nelson to allow such
entries TO be made, and in his affidavit he
Incorporates letter from that gentleman,
in which he insists that entries of this char
Rcter be made.
Affiant alleges that the negotiation of the
exchange of the preferred stock of the lum-
Der company for bonds by Nelson and Gil
lillan, instead of by himself, was due to
their connection with the original DISPOSE
ton of the stock, and was at the urgent
request of Nelson and upon vote of the
board of directors. He alleges that the al
legations of Louis f. White, that the latter
had performed the duties of treasurer, are
true as to clerical duties only, except that
White in his capacity of auditor had been,
eX-ofticiO. treasurer during Darr'S alb
sences. Mr.. Darr further says that i'm all
other ways and instances he has faithfully
performed all the duties incident TO his
Office.
In reply to the accusation contained in
the affidavit of James Smith. Jr., that he
had brought suit for the purpose Of holding
on to lucrative office, DOrr says that
sufficient proof of its falsity may be found
in the fact that on the 18th inst. he sold all
his stock in the lumber company at a great
pecuniary sacrifice, TO one Aver of Bangor,
Me-, and that he thereupOn offered his
resignation as treasurer, to take effect Feb.
l, 1856, but that owing to personal malice,
as he believes. Nelson had refused to ac-
quiesce i'll his withdrawal and had insisted
upon his expulsion by the board.