The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-10-14
JUDGE BRADFORD DECLINES
To Hear an Argument in the Bay State
Gas Case ard it viii Be Made Before
Ludge Dallas To-day.

Yesterday afternoon in tho United States
Court Judge Bradford granted u rule re-
turnable to-day for the counsel to shCw
cause why the Subpoenas issued on Addicks
and Miller be declared void.
The rule was made returnable before
Judge Dallas in Philadelphia to-day, rs
Judge Bradford for personal reasons do
sired to be relieved of tho case against tho
Bay State Gas Company.
The reasons filed by Mr.. Ward wore as
follows:
/. That the books required in said sub.
poena are not described with sufficient nc
curu cy and particularly to enable these
witness to comply with said subpoena.
9 Tint some of the books apparently
called for by said suDDoenas are not in the
custody of said witnesses.
g. That mono of said books containing
entries which can DO material under the
averments in said complalnants' bill OF
complaint, and the issues arising there.
from, are in tho custody and control OF
either of said witnesses.
t. That the books mentioned in said sub
poena apparently cover all the books OF
said defendant, from the date of its orga-
nizaton to the present time; that such
books are very humorous and bulky; that
many % such books are and can be of no
materially under the issues in this cause;
that tho said order Is therefore unreasOn-
able and improper, and does not sullcent-
ly designate and describe such books for q
reasonable compliance Herewith by said
witnesses.
3. That the said subpoena does not point
out tho nature of the evidence sought to
be adduced from said books so that said
witnesses may reasonably comply wish
said subpoena and order ct .his court.
g. That said subpoena does not desig.
nato between what periods Of timo the
entries in the books mentioned arc desired
to cover. there being several sets OF books
Of the same general character covering All
extended term of years.
T. That certain books called for by said
subpoenns to wit: Tho stock certificate
books, stock ledger, stock tran fer book
and stockholders minute book, cannot
rightfully be demanded by this complain.
ant under the averments in their bill and
the issues in said cause And that said
stock certificate books, stock ledger and
stock transfer books must be and arc in
the duo transaction of Tho business therein
recorded, out of this custody Of said wit
nesscs and Of said defendant.
The attorneys on both sidos had their
innings In the matter of explaining tho
confusion that took place in the foreno n.
The Bay State Gus Company has issued
the following CALI
"All holders of the income bonds of the
Bay State Gas Company '(Delaware) arc
hereby notified to deposit OH or before Jan.
/, 1898, their bonds with tho Security
Trust and Safe Deposit Company, of vii.
mington, Del, for redemption upon the
following terms:
''.Hho Bay State Gas Company (Dela.
ware) will pay Il, 600 for each income bond
SO deposited, provided that $50 out Of tho
total issue Of (9,0oO), bonds arc deposited
on or before January proxlmo.
"Ihe Bay State Gas Company (pela-
warc) does not bind itself to redeem any
bonds which may be SO deposited unless
total OF $50 bonds Is deposited on or be-
fore January proximo, but tho company
reserves tho right to accept or reject such
smaller number as may be deposited.