Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-04
THE PAN-ELECTRIC CASE.
A Petition Served on the Defendants
Plaintiffs Search for Papers.

In the case of J. Harris Rogers agt. A. H.
Garland ct al. (the Pan-electric case), copy
of a petition to be presented to Judge Cox was
served on the defendants to-day.
This petition states that under the order
made last month plaintiff has used all the means
in his power, by having served subpanas, to
trace and procure the missing books Of the
three companies concerned; that the counsel
have declared before the examiner under oath
that they have no information or knowledge
where the books, papers. pamphlets, cores
pondence, &C.. of any of the three companies
may now exist. 1t further says that In conse-
because of the rule that oral testimony is in
competent where written records contain the
subject matter; that notwithstanding the ap-
parent fault of the defendants, their counsel
have invariably excepted to any testimony
which might violate the rule. The petitioner
states that defendants claim that they have not
been summoned in their official capacity
TO produce the books of two corporstes-
the Pan Electric telephone company and the
Pan Electric telegraph company-not parties
to the cause. and are not bound to produce the
books of said corporations. The complainant
begs leave to remind the court that Joint
stock company was formed by the plaintiff and
all the defendants, and subsequently, all the
parties in trust advised the formation Of two
corporations, and agreed that all the patents
an equitable consideration of stocks to be is
sued, while many other patents and property
were not conveyed. He says that the Pan Elec-
trio telephone company, under the absolute
control of defendants, having accumulated a
large amount of money from the sale of state
rights, paid out to complainant and de-
PENDANTS several thousand dollars to
liquidate certain expenses incurred by
defendants in matters not pertaining
to the telephone long before the telephone
company was formed. He states that the tele-
phone company paid out considerable amounts
from other interests, all by the consent and ac-
ton of defendants, who had absolute control
of said corporation" and who appropriated
said moneys, matters and things, in which the
stockholders of the p. Z. telephone corporation
had no interest whatever. He states that
when large amount of money had accumulated
from sales to Senator Vest and others Of proper
ties not pertaining to telephony, ese moneys
were placed in the treasury of the telephone
company and were pretended to be paid out
to plaintiff and defendants, and pretended by
the defendants. having absolute control, to
have them equitably divided with plaintiff and
this, he says in his bill, was not done. He says
that no just settlement can be made without
the production of the missing books and pa
pers. nor can he give his testimony concerning
them at the present stage of the case.
The complaint further states that General
Joseph f. Johnston, an upright and honorable
man, appeared before the examiner and testi-
fed that he had delivered all the books and
papers to Casey Young, who is absent from the
city. He states that he has lost much time
through the fault of some one or many of the
defendants in Withholding the missing books,
and he prays the court to allow him in any
event ten days for taking his testimony and If
the books be not produced by the 14th inst,
that sixty days additional be allowed for taking
the testimony of Casey Young by commission.
THE HEARING TO-DAY.
At the hearing before Examiner Smith this
morning Senator Vest was the first witness, and
he narrated that he had trade with Senator
Harris. He was questioned as to whether he
knew that the treasury was then depleted. He
said that he had confidence in Senator Harris
and the other parties and asked no questions.
He said that the first he heard of the depletion
of the treasury was when the Hon. Mr.. Rea-
gan, at a dinner, told him he had been robbed,
because of the emptying of the treasury before
he was permitted to come in. He was positive
that Senator Harris told him that the two
widows had paid in $40 per share, although
the answer stated that they had paid but five.
Senator Harris was questioned about the
books, but could not tell where they we're.
Gen. Hunton was questioned about the
books, but denied any knowledge of them, and
when confronted with extracts from the books
in the defendants answer he said that the
answer was prepared principally by Casey
Young, who was then in the city, and Mr.. Earle
also did some work upon it.