Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-10-29

was surrendered and the Substitution
made, he alleged, is the only thing !
that has been assailed. He stated that
reductions in the price of gas had
caused deficiencies and the assets were
applied to meeting tho same. He be-
lieved that the revenues will increase
during the coming year, and the obll-
cations of the company can be taken
care Of. He thought the court would
perceive by reviewing tho evidence that
the present case is similar to the one
heard in the Delaware court Is months
ago. thar of Mcdowell VS.. the Bay
State Gas Co., in which preliminary
injunction was issued and afterward
dissolved. He held that it ia proper
for the court to consider Interior pur-
poses.
Mr.. Carter stated that the temporary
proceeding had already injured the
company, and untold injury would re-
suit by continuing the receivership.
When MIR. Garter had finished, Mr..
Snow Of counsel for William Buchanan,
said that there was no other purpose in
bringing the suit except for the pur-
pose of obtaining the redress which
Mr.. Buchanan desires
Court adjourned until afternoon.
At the afternoon session of court
Mr.. Ward moved for discharge of
the rule SO far as his clients arc con-
cerned. He said, however. that, should
the court determine that his clients
had been guilty of any contempt, they
would ,purge themselves of such
charges. He said his clients had not
authorized any publication, and further
that the court had no jurisdiction in
the case. The jurisdiction of the
court he held, is limited to its district,
and therefore the Hoffman House, in
New York City, is outside of the jlris-
diction and service issuing from this
court could not be made there.
Mr.. Foster contended that there had
been contempt, and in substantiation
of his allegation recitad the story
which was told by him yesterday
| morning, TO the effect that Mr.. Chand-
! Ter, who stated that he was represan-
tative of Mr.. Addicks, last Sunday
made false statements to a party of
New York reporters. He called upon
| Mr.. Chandler to prove the assertions
which had been attributed to him. He
held that Mr.. Addicks had urged on
his tools to circulate false statements.
Judge Wales asked if the persons
|
selves of the charge, whereupon ..Mr.
Ward replied that they were. Mr..
Ward asked for decision on his
motion to discharge the ruls on the
ground that the alleged contempt had
been committed outside Of the juris-
diction of the court.
Mr.. Chandler said he was not the
counsel of Mr.. Addicks or the Bay
State Gas Co. of Delaware. He is the
attorney for the Boston gas companies
and that he is not before the court
Mr.. Foster asked him if he denied the
alleged interview last Sunday. but he
made no reply.
The court decided that cognizance
could only be taken of acts committed
within the jurisdiction, and Mr.. Ward
inquired II he was TO understand that
the original rule for contempt had
been discharged, but he was informed
that such was not the case.
Mr.. Foster at once asked for rule
requiring Mr.. Addicks to show cause
why he is not guilty of contempt OF
court in not answering the summons,
which was served on him yesterday.
He said he had filed an affidavit from
Dwight Braman, one of the receivers,
to the effect that he had endeavored tc
see Mr.. Addicks in the Hoffman
House, New York, but was unable tt
see him. The court granted the rule
, returnable at once.
J Mr. Foster held that Mr.. Addicks
> was guilty of contempt in that hi!
) counsel had refused to give up to til,
! receivers the hooks and papers of th,
} company after the summons had heel
/ served on him.
, After the rule had been prepared al
. order of the court was served on Mr.
t Addicks by United States Marsha
Lannan.
j Mr.. Ward asked for postponemen
Q OF the hearing on account of the shor
/ notice. He commended that there wa
0 no contempt, on the ground that tn
D order which Mr. Addicks is alleged t
Q have disobeyed was under discussion
F; He said Mr.. Addicks would take oat
r as to his motives in not giving tn
: books up, but objected to cross
{ examination on this point SO tina
8 the receivers might get informatio
i concerning the location of the books
= Mr. Foster thought Mr.. Addiclss nee
b have no fear of disclosing the locatio
% of the books After little discussio
Mr.. Addicks was sworn for the purpos
d of making statement.
d The court asked Mr.. Addicks if MI
o Rraman, one OF the receivers ha
o served papers and the order of the coul
!, on him Wednesday. He replied thu
i Mr.. Braman had visited his office an
}, handed him some papers and spoke
10 few sentences, which lie did not unde
N stand.
y "Did he not demand the books an
n | papers of the company?D the court i,
quired.
3, =" heard him say something abo,
ID books and papers, Mr.. Addicks r,
Or piled. "but | did not know what |
D. said. ;"
v. why did you not give them up?
10 inquired the court.
10 The books and papers were not
my possession" was Mr.. Addick's r.
IL Fly.
Of The judge then asked, "Did VIC
Nv mean to disobey tho order of IL
ii court?''
~ Certainly not" said Mr.. Addick
st - am at your service at any time"
ar The judge continued TO question hln
G. and in his replies he stated that
n could not tell Mr.. Bramun whore I'll
of books and papers we're as they were d
n in his control; they were in the haDt
II of Secretary Miller of the company. /
err also said that he held himself in read
1e ness to obey the order of the court
nj any time
Mr.. Foster, who desired to eros
question the witness, asked. "Did v.