New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-10
Mr. BOUTELL EXAMINED.
c.ys THE NORTHERN PACIFIC
.co,1sIrIONS WERE VALUABLE.

.s, Cary the Master in Chancery APP
,.,ad by Judge Jenkins of Milwaukee. to in
p,ota the former management OF the North
p,o,ac Railroad Company. opened yesterday
-,,ro a session for hearings In this city, in
u, an the fourth floor of the Mills Building
49,. ostensible purpose OF the local proceedings
=. tho removal of Thomas f. cakes from the
..Avership Of the road. 1t Is generally under-
..oa however. rat the real object is to fathom
-. Methods employed by Henry Willard, Charles
NV c.,h, Edwin II. Abbot. Colgate Hoyt and
80 whereby through the acquisition OF GER
on .ou roads and terminal facilities, they
'a" ,,s Northern Pacific Company in the sum
con mn 900 to cover that for which it is alleged
~, na,d only S7.5OOO00 The investigation was
nv nv the present directors in behalf Of the
',.o,ders. who are without representation
among the receivers. o-
stockholders were represented at yester-
.osring by Silas w. Petit, general counsel
o.' Northern Pacific Railroad Company and
-. p Clarke. OF the firm Of Root d Clarke
oa"'1 ,,cNaught. counsel for the receivers con-
...a the examination In their behalf by MS
"a. ex-senator John c. Spooner OF WIS
ST., General counsel for the receivers with
.,1,.a Jaretzki Of the firm of Sullivan Crom-
Aii,'I :, this city. James l.. High, a lawyer. Of
q
en- ., The Northern Pacific road, was also
present. ,, mas IT c Routou
. Chicago lawyer. who served as sehe'a' soiO'
che chicago and Great Western Railroad
~' va subsequent to 1889. though he had
.a &C attorney for the road as far back as
~. 10 remained continuously in the service
i.'., ,r,nonv until the organization OF the Chi
pacifr II TO MT. BOu-
.aso 49,, the recently published letter OF David
"' n,os addressed March g. 1890 direct
49,. certain things be done in connection
me .ho, oreanization and in which he was re-
..a - "bave stock subscribed. one snare
~, tho necessary dummies. and the entire
- ~ stock subscribed by dummy, VINO
.u via q really for the benefit OF the COM
pany.''
WHERE MR.. BoUTELL WAS.
=. mos alleged recently. and in connection
With tho present inquiry. that MI Bou'eH couiu
nat he found when the plaintiffs tried TO serve
.,,.oo,a unon him. Mr. Boutell removed all
aouht respecting v,here he was by statement
$3.50 ~ r,ada 70 the Master in Chancery yes
terday. He said: -, 40
81 lef. Chicago on Saturday morning Aprh 90
u 20 to Washington the regularly eiected
delegate
the American Revolution knew nothing ABOUT
ory testimony that was to be taken In Chicago
o, tho time. was changing my office, ana iel'
snsc,al directions at my house as to the tram
vos n take and where l could be reached by
u,rs 7 said would be at the Arlington Hotel
q, Washington. Wednesday morning and that
unless called away from there should start lot
NswYork on the 10 o'clock train and arrive III
Naw.yor, AZ 3 o'clock on the afternoon OF
May o"
Mr. Petit while asserting that deputy
sher,f had been directed TO serve subpoena
IN Mr. Boutell. was satisfied with the expiana-
tim and added that Mr. Boute had sent MIN
word voluntarily that he would be present
And so this matter was dropped Mr. Boutei Is
a man Of medium height, slight figure. hsht
complexion and wears full beard coming 10
a point on the chin His head, which Is eA-
ceedingy well shaped. Is running to baiohess oH
the crown. He dresses well. and his manners a'e
free and courteous. His testimony consisteo oi
a recital Of the relatiors OF the several co'hpa-
MES to TIE consolidation Of the Chicago ana
Northern Pacific He calmly told of the methous
a, acquiring the terminals at Chicago. and or the
considerations which apparently cohtroheu the
purchases These considerations were alleged
N he the facilities Affords and the value OF the
franchises He maintained that the bondlhs VI
the properties was in no manner excessive. lie
nlaced the value Of the real estate alone at slo-
0OOooO as measured by the sales OF contiguous
lands and estimated the value OF the improve
ments and the franchises at s5,OoooOo. lie saiu
the $4,000 paid TO hin, was for accufnuia'eo
salary as counsel for the Chicago and Caiuhe'
Terminal Company and as retainer ior .n So
still 10 be performed carrying the GATE 10 oeP'
tenber 1895 Mr. Boutells testimony was M
lshed Yesterday and the Court ADJOURNED ~ ~
o'clock this morning.
VIRTUALLY A CROSS EXAMINATION.
The direct examination was conducted by Mr..
Petit. 1t seemed almost in the nature OF cross
examination. as the counsel who asked the ques-
lions occupied an apparently antagonistc posi-
ton 10 the witness Mr. Boutell had DooK 10
which he frequently referred TO refresh MS mem,
DRY. After the organization OF the Chicago anu
Northern Pacific he was. he said, elected director
and secretary and was appointed by the presl-
dent general solicitor and tax commissioner.
Counsel tried to learn from the witness whelhe.
the amalgamation Of the Chicago ana Urea,
Western Chicago Harlem and Batavia. ana
Bridgeport and South Chicago roads had been
effected with a view to having the system ieaseo
by the Northern Pacific but he said that ne mao
never been present when the plan OF leasing
them TO the Northern Pacific was discussed ana
had had nothing TO do with drawing up me
mortgage or lease The plan OF consolidation
had he said been talked of since 1857. He was
not aware that the selection OF the name Cni-
cago and Northern Pacific had been dictated oy
an Interior desire for the leasing OF the ROAD u
the Northern Pacific.
The examination, which was minute ana ex-
hausiive, was based largely upon the letter wri.-
ten BY Charles L. Colby to David ;; Wegg reia''
Ing to the leasing 10 the Northern Paclhc
Counsel referred to certain cipher kilograms OF
which he had copies. and asked witness Who
was meant by the word Rabbit Wit
ness replied that as he received those kilograms
In his capacity as attorney. II would be preach
Oh professional confidence for him 10 answer lhe
question. In this position the witness was sus'
nined BY the ruling Of the Master in Chancery
When the witness was asked whether ne mac
known that Mr.. Wegg was going away ne re-
ferred to his notebook and answered:
Mr.. Wegg left Chicago on April 10. IL was
MS intention 10 stop in Pittsburg for shor'
ume and 10 arrive in New-YorX on the Zlst
lid not know that he meant to go abroad unu
ae 18th. and am confident that ne himself hao
Ia .l..A lato La GLnf