Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27
BAY STATE eAs CASE.
Application for Reopening of Buchana
Sult--Decision Reserved.

Suit--Decision Reserved.
In United States court Friday morn
ing Benjamin Nields presented petition
in the case of the Tapnage Patent Co.
va. Garrett & Barr, which was filed and
an affidayitin the case Of Bartol Vs. the
Walton & Whann Go. receivers was
filed.
The Bay State Gas Co. matter was
next taken up, and the ATTORNEYS 10
the case, Samuel Dickson OF Philadel-
phia, B. L.. M. Tower, e. NJ. Johnson
and j. II. Benton of Boston, II. Q.
Andrews of New York. g. Fl. Goldbeck
of Philadelphia, Senator Gray,. II. Ii.
Ward and j. II. Hoffecker OF this city
began unloading books and papers to
be used in the case.
| Mr.. Dickson began the case by road
| ing lengthy review of the matter,
referring to the previous litigation over
| the receiyership of the Bay State Gas
Co. The balance OF the session was
| devoted TO the reading of affidavits pre-
sented at the trial OF the case in New
| York, and at l o'clock court took a
recess for one hour.
Argument was concluded In the after
noon. 1t was the matter of the appll-
cation Of the Boston Loan Co.. an in
come bond holder to have the order OF
dismissal in the Buchanan suit against
the Bay State Gas Co. vacated and that
case reinatated on the calendar; on the
ground that the Boston Loan Co., be-
fore that case was dismissed on October
3lst, 1896 had applied formally on Oc-
tober 30th for leave to iDtery enc and
become a co plaintiff with Buchanan
and any other income bondholding
creditors who might see lit to intervene.
AT that time leave was granted to &C
intervene. But Notwithstanding this.
the Buchanan case was dismissed ano
the receivers discharged.
The contention of the Boston Loar
: Co. was that the court was misled by
the representations of the representa-
> tives OF the receivers and ths Bay Stat
Gas Co.. and that the settlement which
3 was effected was in fraud of the right
Q Of the other income bondhoders.
L The contention of the Boston Loaf
: Co. was opposed by the Bay State Ga'
4 Co., which claimed that the appoint
8 ment of receivers in the first place wa
n ineauitable and unjust because it wa
8 exparte and without due notice to tn
i company itself; that the same plaintiff
u appeared in the Subsequent bill filed b
u Godfrey Morse. ct al, aud they coult
q and would receive their rights unde
Il that bill as we'll as under tho Buchana
% bill were it reinstated on the calendar
II Ihe Bay State Gas Go. also elaine
,r that the dismissal of the Buchanan bi
d was regular and with full knowledg
+ in Judge Wales Of the circumstances.
). The principal argument was made b
d Mesers. Dickson, johnson and Bartlel
l. for the Boston Loan Co.. and Senate
y Gray and Mr.. Benton for the Bay Stai
" Gas Co. Mr.. Goldbeck objected to ii
10 reopening of the Buchanan case. h
r. claimed that nothing had been pr
ss duced TO show that the money Buchana
received in the settlement, came out
i, the Bay State Gas Cos treasury.
at Ex-senator Anthony Higgius. for ,
Or Augustus Nc cCsulley, who was the Wi
ty roingtun receiver OF the company, Hai
a that he had no hand in the settlemel
lg of the Buchanan case. Mr.. McCaullt
* had not received anything like $50, o.
oy for his services as receiver. but had r
ce ceived SlO0 or Sl50. 1t had been alleg,
j. on behalf of the Boston loan Co. th
at Receiver Braman had received $50, 90
of After hearing the argument judi
of Dallas reserved decision. The questit
ny of a demurrer filed by the Bay Sta
G. Gas Go. to the Morse bill Of complai
was next taken up and the suggesti
he was made by the court that argumo
on on it take place the following NOR
". ing in the United States circuit cou
de room in Philadelphia. Counsel agre
nd to this and c0urt adjourned.
ed After argument in the matter of {
at demurrer Was finished on Saturda
Judge Dallas announced that decisi
on would be reserved.