Evening journal., 1896-10-23
ADDICKS ON THE STAND
The Gas Magnate Gives His
Testimony in the Case.
CONTEMPT OF COURT NOT PROVED

iNN-R NOl GUILTY OF CON- |
TEMPT-ADDICKs ALSO GETS
CLEAR-DECIsION WILL BE
GIVEN TOMORROW.
Interest in the suit of William Bu-
chanan against the Bay State Gas
Company is stlll at fever heat. When
court convened for the afternoon ses-
sion yesterday the charge of contempt
against J. Edward Addicks, Charles II.
Kittinger and Parke C. Chandler was
resumed. William S. Hilles appeared
for Kittinger.
CHARGED WITH CONTEMPT.
Mr. Foster, counsel for Buchanan.
began by reading the affidavit accus-
ing the above named with contempt OF
court. Mr.. Foster based his claim on
/ the ground that they had issued, or
caused to be issued, false statements
dlsrespectful to the court. They had
also refused to hand over the books
and papers Of the company when or
dered to do so by the honorable court.
H. H. Ward, counsel for the defence,
moved for the discharge of the rule. as
the opposing side had failed to prove
that any contempt had been commit
ted within the jurisdiction of the court
Tor the district of Delaware
Mr. Foster in reply to Mr. Ward said
that there We're three grounds for con-
tempt OF court Mr. Ward followed up
his motion TO discharge the rule, as the
court could not punish anyone outside
OF its Jurisdiction. He said the court
only has power 100 miles outside of it's
jurisdiction and everyone knows New
York is farther than that.
Mr.. Foster claimed that the publica-
| tions were made in New York for the
purpose OF circulating them there. This
was their chief point for operation
These publications were made by Mr.
Chandler and Mr.. Kittinger, and on the
other side, Mr. Addicks openly defied
and disobeyed the order of the
court in not turning over to the re-
ceivers the books and papers Of the
company.
Judge Wales asked where this had
taken place. Mr.. Foster said in New
York. at the Hoffman House Mr.
Chandler told a score of newspaper re-
porters that the suit had been brought
for mere political capital and nothinl
else Is not this villifying the cour
and its officers?" demanded Mr.. Fos
ter. we have proof in the affidavit
5 that Mr.. Chandler is the author o
these statements"
e Mr.. Foster laid great stress on tn
acts committed in New York. claimint
d that Addicks knew Of the proceeding
and had refused to obey the order I
S bring the books and papers in court
Judge Wales held that the coul
,, could not take cognizance of any act
committed outside of the courts juris
S diction, and ruled that there was n
charge of contempt against Chandle
r and Kittinger. This was set back Z
Mr.. Foster, and the crowd laughed
), much to the discomfort of the Bill Ny
from Boston.
!, Mr.. Foster then took up the charg
against Mr.. Addicks. and contende,
D that Addicks had refused the sum
mons made on him by Mr. braman. II
moved that rule be granted return
, able forthwith, charging Mr.. Addick
with contempt.
Mr.. Ward said he never heard O
such an absurd proposition, charging
- man with contempt because he re
6 fused TO allow an examination G
the books when the court had not OF
, dered it,
Judge Wales said Mr. Addicks coul
purge himself by going on the stanI
Mr.. Ward replied that if his clieI
g took the stand he wished no cross-e1
animation be granted to the opposin
side. Judge Wales asked: DO 70
mean the books and papers?' Mr.. War
% replied, YES" Judge Wales decide
that there can be no such proceeding
J. The laugh was again on Foster, an
the crowd enjoyed it.
g. After MIR. Foster resained his breat
he said: i object your honor, to m
n being allowed to be heard on th
~ point. II the dealings of the compar
are honest, why is it afraid to produ,
the boOks2"
Judge Wales said the motion to di
miss the receivership was a seriOl
is one, and it would be a very arbltral
N act for any court to compel the office
Of company to produce books, pen
ing decision on such q motion. Aga
is the crowd laughed. Mr.. Foster tho
he wanted Addicks held. saying that
lli would leave the state and the boo
90 would be forever lost. Judge Wal
At, replied to this that the prosecute
e. need have no fear of Mr. AddiclSs lea
ny ing the state, as he had too much
Iat stake to do so.
IN. MR.. ADDICKS TAKES THE STAN
nd Mr.. Ward called Mr. Addicks to c
Sc stand. and Judge Wales cross-eXamin
him. "Why did you refuse TO obey [
ih- order Of the court?" asked the judge
lie, Mr. Addicks-'I did not refuse
his obey your order.
ng Judge Wales-"State to the COZ
le- whether Mr. Braman gave you a not
on, of the appointment of receivershil
for Mr.. Addicks-"He handed me sol
lad papers and said something sbC
vas books and papers, but ! was busy a
for paid no attention to the matter"
Did he read the papers to you?"
mo, sir. D."
did he demand or ask you to q
- up the books and papers,?
80 - HE said something about books a
'S to papers. but 1 do not remember what
-, was"
~. M Did you know that receivers h
,nv ,nv been appointed to take charge of
III company
the Yes, sir
-, ssWhat were your reasons for ]