Evening journal., 1896-10-22
CARTER'S HOT SHOT.
Making a Doughty Fight for
Addicks's Gas Company.
BITTER LEGAL WAR IS wAGED


BITTER LEGAL WAR Is WAGED
MR. CARTER PROCEEDS TO SHOW
THAT THE BAY STATE GAS COM
PANY, OF DELAWARE. HAS vIO-
LATED NO LAWs-GREAT INTER
EST IN THE CASE.
The hearing in the famous trial Of
the Bay State Gas Company, was re-
sumed yesterday at 1.30 o'clock, Mr.
Carter, who had not finished talking
when the court adjourned, resumed his
arguments. After speaking some time
of the allegations of fraud against Mr.
Addicks and the directors of the COM
pany, he said that he could see nothing
but vague charges which, like the bill
OF complaint was filled with nothing
but gross allegations and misconstrued
facts.
FOSTER SPEAKS FOR BUCHANAN.
After Mr.. Carter had finished ex-Sen-
ator Higgins arose and stated that it
would be necessary to send to Boston
and New York to secure affidavits in
rebuttal to those offered by the defense.
He moved for adjournment.
This brought Mr.. Carter to his feet.
and he contended that the other side
was the plaintiff and instigated the
suit "You had as much time as we
had to secure evidence" he said, land
/ move to go on with the case"
Judge Wales said that he proposed to
go on with the hearing, and ordered
Mr.. Foster to proceed
Mr.. Foster denied that the suit had
been brought for any other object than
that of protecting the interests of the
stockholders. He claimed that the can
collation. of the bond for $4,5O0,OO in
stead of benefiting the stockholders was
improper. Mr.. Foster wanted to know
what had become of the 81 500, 900 as
& Asets which the company had on hand
On March IS, 1895. No account is given
of that, as there should be. He argued
chiefly. on the disappearance of this
e money.
"The bond for this money" Mr.. Fos-
er said, was cancelled by Addicks and
mis- brother, and they reaped the bene-
= fits at the expense of the other stock
holders. Your honor, this bond was
cancelled without legal authority" He
also spoke OF the removal of the papers
from the office by Kittinger, who after
wards boasted of the affair, and how
Mr.. Addicks, when learning OF the suit.
ran off to New York and concealed
himself in the Hoffman House I'VE
can prove that this man Addicks," he
h continued, said he would not come to
3 Delaware to force the proceedings here
after he had been summoned by this
honorable court"
Mr.. Foster also claimed that the
+ stock Of the Bay State Gas Company
of New Jersey was owned by the Bay
State Gas Company of Delaware, and
therefore, the company here was entit-
led to all of theprofts of theNew Jersey
q company. When Addicks purchased
= the stock in the Boston companies It
was turned over to the Mercantile
Company of New York, who now hold
the bonds.
Mr.. Foster closed by stating that no
harm could come from the appoint
ment of the receivers, but on the con-
trary, it would help the stockholders.
Mr.. Higgins opened for the complain
ants, and said the only object in bring
ing this suit was to protect the inter-
ests Of those in the company.
Mr.. Foster opened the case this
morning, and asked whether the other
side was willing to hand over the books
and papers OF the company. If they
tempt would be withdrawn.
Mr.. Carter arose and said they would
agree to nothing of the kind, and NOV
ed to go on with the charge of con-
tempt
Judge Wales ordered the hearing to
proceed.
HIGGINS RESUMES HIS SPEECH.
Mr.. Higgins said: "The Delaware
Bay State Gas Company, with it's $4,-
500, 900 Of bonds, was issued to the Mer.
camille Trust Company, of New York
This company, your honor, became the
controlling stockholders in this com
pany, meaning the New Jersey com.
pany II the Bay State Gas Company
of Delaware, was merely organized Il
sustain the company of New Jersey, i
should be made pay the dividends o.
the said company. But it now appears
that the New Jersey company has dis
charged it's functions to that Of thu
Delaware company"
Is Mr.. Higgins contended that thu
transference of this stock was the basi
OF the proceedings. At no time did tn
interest of this $4,000 600 Of the Ba,
State Gas Company pay the bills of tn
said company, because the surplus onl,
amounted to $50 1000.
CANCELLATION OF BONDS.
Now, who was benefited by the can
collation. of the bonds OF the New Jer
sey Gas Company now held by tn
Mercantile Trust Company" asked MI
Higgins. WAS it the stockholders, o
was it Addicks and Dilloway? TIL
papers show that they were the ones
and no one else.
From this and other mismanage
-------------------------