Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-27

The Proceedings To-day tn ,b. Hearing q,
the Nontrtnni Na-c.

The frocoedipg- To-day tn ,h. Hearing cf
the Contempt Case.
The case Of Stem Block Co act Raruhsi-a
et a., knowa a he Bcrnhoinl assignment car.
in which Mr.. J. Atheus johnson has beer .t.-
pointed receiver. wa before Justice nrralss q
the Equity Court this morning when an suswer
10 rule 20 show e,use served On NJ. A. n. hr,,rd
the assignee. was due Mr. Y r. navi. anr-a-.f
for Behrend. Mr.. l.. Tohrincr FOR nsruhsr-a.
Messrs. A. y Northngton. n. W Oaruttt
and Bent Bntterwofit and Others far fhr rd,r-
plainsnts and Mr.. ". g. Sholos FOR he r.csi,.r.
he order 20 show cause va based On
the refusal Of Mr. 9ohrend 10 Ne sU,,rn
and testify before the auditor. NJ
Payne. Claiming that he Vas cnttlei
TO have his counsel prc-eut trun.sl
stated that the receiver had not VT received al
inventory and the inquiry Was ~ 20 uhai M
assignee had received. and he Mr. BehrsndD
was directed to turn over tho s'ocA bookz A.,
but he had not COMPLIED. slthough a personal
demand had been made upon HIM
MIR. DAVIS for Mr.. Bhrend sad that the AL
ure TO turn over the inventory was an crror 20
Judgment; that he considered th.i Christmas
eve was not the time Go haul ATTORNEYS
before the auditor. They were here o. answer
the rule based on he report ol the t,reirer
and he suggested that the respondent should
have had twenty-four hour notice he Vas
present whel tho hrs; order va.
made. He assumed that that ended Ga.
matter for the dav. The second ot,l.r
was made subsequently and he submitted a
TINS they should have had notice. Under 40
the circumstances. he claimed Mr.. IuhTcul
was right in not Answering the questions % ihs
auditor.
Mr.. Davis read the answer OF Mr. nchrerAs
stating that ON the pa instant the rrraira-
called on him for the books and papers sud hs
Informed them that thcy we're With Mr. Tcbri-
ner and be woad give him a letter 20 Mr.. Toifi-
ner; that on the following dav he took the boak.
for Mr.. Iobriner and delivered Them %
Mr.. johnson al II o'clocl. SATURDAY,: hat
the check and bank book were overlook "A atI
would be delivered when required. that hc rus
willing to turn over the inventory lie .fqts.
that he received the summons on SATURDAY
morning aud went 10 The ONE. Il ms counsel
Mr. Davis. who had gone home tor tn. ,lnv.
and then he askcd the auditor for postpuue-
inent thai he might consult counsel
WHY he WANTED To coSsCIr Counsel
Mr.. Tobriner explained that he hoaLs and
papers we're placed in his Office TO BE- turned
over to the proper party. and claimed that
Mr.. Behrend had acted consistent, in the
matter. lie read the answer 81 Bernbrim A.
sorting that he had turned over h. bi-
assets and he refused to give statements
because he had been informed that tn coin-
plainant- were seeking Ia have HIM an scr
crlminslly: he thought Il would b. safer no. 10
answer. for any statement made might d. u-.a
against him. and he therefore desired h- coun-
sel TO be present
He submitted that if they had done wrong Il
was with the advice ~ counsel and had date
no more than any other sutton under similar
circumstances. IL was a star chamber proceed
ing into which they had yankci these pariies.
ihey also proposed to move Co set aside the
order referring the cause 10 the auditor
Mr.. Morthlngton suggested that they could
make no such motion until the contempt
charges are disposed of.