Evening journal., 1897-10-14
CHASING Mr.. ADDICKS.
Motion to Vacate the Sub
poenas Argued To-day.
GAS COMPANY TO REDEEM BOND


VACATING THE SUBPOENAS.
PLAINTIFFS COUNSEL OBJECT
ED AND WAS SUSTAINED BY THE
COURT.
The question of vacating the subpoe-
mas which were issued on complaint
Of j. H. Hoffecker, counsel for Godfrey
Morse, ct al, bondholders Of the Bay
State Gas Company, summoning j. Ed
ward Addicks and William II. Miller
former secretary Of the gas company, to
bring the books of the said defendant
company into court. was settled yester-
day afternoon when argument in the
case was concluded Judge Bradford
ordered the hearing TO be heard before
Judge Dallas, in Philadelphia, to-day.
WARD AND GRAY'S PLEA.
When the attorneys for the plaintiffs
had arrived here from Philadelphia,
where they expected to argue the case,
Messrs. Ward and Gray, counsel for the
defendant company. handed the court
their brief, substantiating the argument
which they had made in the morning.
1t ran thus:
/. That the books required in said
|
cient accuracy and particularly to en-
able these witnesses to comply with
said subpoena.
2. That some of tne books apparent
ly called for by said subpoenas are not
in the custody of said witnesses.
3. That none of said books contain
ing entries which can be material un-
der the averments in said complain
ants bill of complaint, and the issues
arising therefrom, are In the custody
and control Of either OF said witnesses.
T. That the books mentioned in said
subpoena apparently cover all the books
Of said defendant, from the date OF its
organization to the present time; that
such books are very numerous and
bulky; tnat many CT such books are and
can be of no materiality under the is
sues in this cause; that the said order
is therefore unreasonable and improper,
and does not sufficiently designate and
| describe such books for a reasonable
compliance Herewith by said witnesses.
5. That the said subpoena does not
point out the nature Of the evidence
sought to be adduced from said books
so that said witnesses may reasonably
comply with said subpoena and order Of
this court
6. That said subpoena does not des-
ignate between what periods Of time
the entries in the books mentioned are
desired to cover, there being several
SITS of books of the same general char
acter covering an extended term OF
years.
z. That certain books called for by
said subpoena, to wit: The stock certili-
cate books, stock lodged, stock transfer
: book and stockholders minute book
+ cannot rightfully be demanded by this
complainant 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 are in the due transaction
Of the business therein recorded, out OF
the custody of said witnesses and OF
, said defendant.
After the brief had been read, Mr.
Ward addressed the court and said thai
If the opposing counsel offered no OBJ
p jections to the granting of the order, as
asked for in the brief, he would ask the
I court to issue a rule setting time fol
argument on the motion to vacate, and
. If no objections were made by the at
torneys for the plaintiffs he would ash
, that the rule be issued Immediately.
\ Objections. however, were made by
: the other side. in the person Of Mr.
Dixon, counsel for parties to the suit
who said that Mr. Wards motion was Z
premature one 1.-The time" said At
: torney Dixon. "for an order excusing
: witness is on the witness stand at ex
/, animation. 1t is impossible for tn
= court to determine if the books desired
Z were in the hands of the witness o.
y not"
. ]. II. HoffecBer spoke of the confus
Z ion which resulted from the doings o
q Mr. Crawford, private attorney for Ad
:, dicks. in having the hearing take plac
> in Philadelphia instead Of Wilmington
Benjamin Tower, of Boston, said tha
Mr.. Wards motion to vacate the sub
: poenas was unlawful. He said that tn
7 plaintiffs have some right in the case
: eve have asked for subpoenas sum
= moning the witnesses to bring tn
~ 4, books and papers of the Bay State Ga
y Company into court, and there is n
Il case before the court until the witnesse
appear"
Mr.. Ward replied to Attorney Tower
statement and said that he and his as
ye sociate counsel, Senator Gray, were act
r ing on the advice Of j. II. Benton, {
Dr. Boston. senior counsel for the gas com
IA pany, when the motion to vacate tn
Id subpoenas was made. He said that Nj
Of Crawford's connection in the case wa
le private matter and that he had n
re authority, save that of looking afte
IT Mr. Addicks private interest. Nv
have violated no agreement with tn
If other side. because there was no dispo
or sition on our side to elude the proceed
4. ings or to have the case heard III Phila
delphia." he said. I'VE were not prin
cipals to any such agreement
70 This concluded argument in the cas-
- Should the motion to vacate the sui
p poenas be denied by Judge Dallas, Con
is missioner Smith will examine the wit
re nesses who have been summoned in IN
be case.
er WANT BONDS REDEEMED.
r The Bay State Gas Company has !:
- sued a call for the redemption OF II
bonds. which is causing considerabl
comment. For several days advertise
ments have been appearing in the me