St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-09-06

courts to decide. The facts are that Mr..
Mower is not accused of misdeaIings person
ally. A GLOBE representative called on j. N
Searles, attorney for the executors. yester-
day. aud that gentleman volunteered the fol-
lowing facts In regard 10 the matter:
THE article in yesterday mornings GLOBE
reads as II the late Martin Mower was the one
who took the moneys belonging to the boom
corporation. The claim was made against
Martin Mower for n defalcation committed
by the treasurer of the corporation Oh the
ground that Martin Mower, as president and
director OF the corporation, had neglected to
exercise the care and supervision over the
AFFAIRS OF the corporation, including the acts
and doings of the treasurer, whereby said
treasurer was enabled to defraud the corpo.
ration by mIsappropriating It's moneys to thu
extent or S24,OJ355. 1t is not claimed that
Martin Mower Incorporated moneys or
received the benefits of any moneys so misap-
propriated. second claim involved in the
proceedings amounts TO 81 1913 % and was
based upon an entirely different state of
facts. Martin Mower, who owned a major
ity of the stock in the corporation at the
opening OF the season of 1889 leased his
stock to a syndicate of lumbermen to enable
them 10 control and manage the boom COM
pany twenty years. with the understanding
the earnings or the corporation prior TO the
lease, and Martin Mower was appointed
agent OF the corporation. to gather in or COL
lect the outstanding accounts, pay the in
and after reserving certain sum for con-
tingencies, to distribute what might remain
among the stockholders, of whom Martin
Mower was himself the largest stock
holder, owning more than one-half of
the shares of the corporation Martin
Mower, as such agent, entered upon the
duties OF such agency, collecting the ac-
counts, and paid outstanding Indebtedness
ana was engaged In the business of agent at
the time OF his death, which occurred some
sixteen months after he ceased TO control
the management of said corporation. The
second claim of s.. 1885, % is based upon the
allegation that Mr.. Mower had collected that
amount OF money as agent. which he had
not turned over at the time OF his death and
did not impugn Mr.. Mowers integrity but
simply proceeded on the theory that when
he died his agency was incomplete, and that
hands al this time this amount OF
money, which he would have turned
over if he had lived and which
his executors should he ordered 10 turn over
by the probate court in these proceedings. IL
is not claimed that Martin Mower has with
held wrongtully any moneys that came into
his hands as agent. but merely that he was
taken away at time when he had this
amount OF money belonging to the corpora
ton in his hands as agent" In the petition
and claim on record in the Office of the pro-
bate judge 1t is alleged that the defalcation
OF SZ4, 100 occurred from Dec. 81 1884, t.
April 2, 1889. During that time S. p. Rich
oIASOu Mdo the ocCIcldEy anu treasurer ana
had full charge of the corporations moneys
1t is said by Mr. Richardson's friends that he
would not be adverse to a careful investga-
ton of his affairs in connection with the
office which he held for so many years.
Judge Lehmicke, of the probate court, filed
decision yesterday in the matter of the
boom corporation being allowed to file their
claims against the estate. The decision is
lengthy doc ument, and reviews the facts in
the case from the beginning. Judge Leh-
micke holds that the directors of the boom
corporation had ample time to file their
Claims against the estate from Feb. Is. when
The shortage was first discovered, until the
estate was assigned to heirs some five months
afterward. and therefore refuses to allow
the claims to be entered i'll the accounts
against the estate. The claim was not pre-
sented i'll the probate court until fifty min
utes after the time fixed for settlement and
assignment of the estate, and good and suffi-
cient cause has not been shown why the
boom corporation should be allowed to
present its claims after the tune prescribed
for allowing the bills. In conclusion the
judges decision is as follows: 1T is there
fore ordered that The petitions and claims Of
said ST. Croix Boom corp Grafton against the
estate of Martin Mower, deceased, be and the
same, Is and are hereby dismissed and re-
iected." An appeal will be taken from the
decision, and a bitter legal fight will proDa-
bly, be the result
The lawn festival given at the home of
Nh. and Mrs. John o'Brien, on Olive street,
Thursday evening, was an enjoyable event
we'll as the handsome dwelling, was bril-
tantly illuminated With Chinese lanterns.
INVITATIONS are out FOR the marriage OF A.
E. Doe TO Miss Bertha Sargent next We'd
nesday afternoon. Mr., Doe is popular
young attorney Of this city, and Miss Sargent
Is the daughtet Of l., Sargent, Of the Still
water Manufacturing company.
An enjoyable gathering occurred wednes-
day evening at the palatial home Of VS..
S9ssS 90 Ss ESdN Sa 6ass accession 81 R was
mQnd. Va. who has beep visiting her uncle
NJ, CehlSd. Tor several weeks and who
leaves this evshins Tor her home, The even
ing was deliehtfulls spent IN dancing, and
el Ea2 Esge present had An enjoyable Ting.