Evening journal., 1889-05-23
The AYeR-seYMouR SUI.
Charges and Counter Charges Law
Points Involved.

Charges and Counter Charges-Law
Points Involved.
The remarkable story made public as a
result of the suit brought by Mrs. Har-
riett Hubbard Aver against James M
Seymour and others continues to attract
a large share of public attention. Addi-
tional affdavits on behalf Of the defen-
dant were submitted to Judge DAILY of
the Court Of Common Pleas, vester
day in rebuttal of the supplement
tary affidavits presented on be.
behalf of Mrs. Aver on the previous day.
James M. Seymour, the principal plain
tiff in his affidavit admits that he ear
nestly urged Mrs. Aver to go TO Europe,
but declares that his motive was entirely
unselhsh and in her interest entirely
He swears that Mrs. Aver was suffering
from nervous diseases, brought on by
the excessive use of morphine and alco-
holic liquors, and that he persuaded her
to go to Europe In order that she might
obtain the best possible medical treat
ment.
Mr.. Seymour acknowledges that prior
to April 8, 1887, when the company was
organized, Mrs. Aver was the owner of
certain formu.ae and recipes, but de-
clares that these were all made the prop
erty of the company. In consideration
for his work Of organizing the company
for obtaining loans of money, and for
his services as manager, Mr.. Seymour re-
ceived 500 shares Iof the stock. The
company needed working capital,
and Mrs. Caroline s. Seymour loaned il
$50, 900, taking as collateral her hus-
bands 500 shares. When Mrs. Ayers
eldest daughter, Harriet, and Mrs Sey-
mour's eldest son, Allen, were married,
Mrs. Seymour gave up the 500 shares,
and her husband presented 49S of them
to the bride as a wedding gift. One Of
the remaining shares was given to young
Seymour, and the other to Albert Wat
son, to qualify them to hold Office as
trustees
Mr.. Seymour swears that he never acted
as Mrs. Ayers broker that he never
said to her that she had almost or entirely
repaid any loans; that he never conspired
to get possession of the stock of the
company; never endeavored TO Exclude
her from the exercise OF her functions as
president of the company" and never
tried TO have her rendered or considered
insane" He asserts that he never sent
dispatches to Mrs. Aver with the purpose
Of Misrepresentation, nor had he broken
open and taken from any receptacle any
papers, recipes or other documents be |
longing to Mrs. Aver.
Allen Lewis Seymour makes an affida |
Wit and James W. Fox, a clerk. Albert |
Watson, Charles II. Stone and Peter !
Bodine, other clerks, were witnesses of |
certain transactions.
Mrs. Aver declares that her children
have been alienated from her, and that |
they have been made to believe that she |
had become hopelessly insane as result |
of excesses, whereas her present feeble
ness is due to the fact that |
l40 grains of medicine of which her |
physicians scarcely dared give her
four grains, were administered to her re.
peatedly by Mr.. Seymours orders. She
declares that for the sake of her children |
she will pursue the case to its extremity |
A large amount of the matter submitted |
IN the case is manifestlY irrevelant. and |
Judge DAILY will decide merely upon the |
law points overwhelmingly, whether
Harriet T. Seymour, holder Of 49S shares,
can be enjo'ned from voting upon them
at the meeting of the stockholders called
by Mrs. Aver 70 be held the latter part Of
this month.-New York Tribune.