Daily capital journal. (Salem, Or.) 1896-1899, 1898-11-12
HoFER BROTHERS WIN.
TESTIMONY AND .AReuMENTs.
Continued from First Page.

OAfifAL JOUhNAL was CONTINUED Ql
Friday. N. j. judah, OF the States
man, was called, He was reader ol
THEJ EJoURNAL.A paper likeTHE Jour
NAL, TO be properly conducted, edlto
ought 20 have sls a week, assistant slE
reporters Sl2.
Cross examined by Holmes: Had
been In newspaper work ten years
value OF services depended on expert
ence OF man employed; in tbis field h
referred TO wages for routine ser
Vice; he included responsibility Ia hi
estimate; every man had TO get In ant
do all he could. La 1892 or 1893 sucl
services were worth more. Wages haC
declined 30 per cent.
A. Il. Hofer called: Identified the
minutes Of the record book of TIL
JOURNAL Co,as belng In his handwrlt
ing; also accounting with company.
Cross-examlned: bid the propert }
10 In the name CT Hofer Bros.-E
Hofer and A. +. Hofer. Receipted
to!the sheriff the amount Of the
judgment.
Frank TOeys, news reporter of the
Statesman called. Had five years ex-
perience. Was reader of THE JOUR-
NAL. Reasonable compensation for an
editor would be $3.50 to $50 a week.
other reporters sl2 TO SIS week: this
was where an edllor had two or three
assistants.
Cross-ex: editor OF morning paper
did not have TO work at night but
worked longer hours; wages had been
inordlnately low for five years; had
some experience asa reporter before
coming TO Salem.
Here plaintiff rested in introduce
ductiOn OF testimony. MI. Holmes
expressed surprise that, after sub
pOenaeing the business manager and
ordering the books brought into
court, they had no desire TO ex =
anime the same after charging all
sorts OF frauds in connection there.
with.
Mr.. Carson said that IL was the
duty OF defendants To present an ac.
counting and for them to tile object
ions thereto.
The court ruled that the plalptiffs
could file any motion they saw tit aud
he would pass upon it.
Mr.. Carson then prepared what is
termed motion for an interlocutory
decree demanding an accounting and
cited authorities.
Mr.. Bingham had also large num-
Der OF authorities from nearly every
state 10 the Union, 70 read and also
demanded an order for an expert ac-
counting. The defendants must
render It.. Mr.. Carson said: GAS
Ong Us We get what we want, we
ion't care by what name IL is called"
Mr.. Holmes denied that the plead
logs admitted any accounting con-
,rary to that provided by law. De-
'endants were served with notice TO
Drlng their books here and they did
70. IL was true defendants had re.
'eiyed large sum OF money aud their
books showed what was done with
his mOney-eyery dollar. They come
lere 10 Try their case and then In the
midst OF the trial they ask an inter-
ocut0ry decree 10 go forward and
prepare an accounting. They were
l0t under oath and there was no rule
u any court requiring defendant
o 20 ahead Ia case like this aud
'rove the allegations OF the complaint,
Defendants we're here on trial and,had |
right TO be heard n Bingham aud |
Davis had any questions 20 ask.
Mr.. Bingham SAID they must first
stablish their right TO an accounting.
They had done that and they asked |
he court TO determine how this
ccOuntlng was TO be had "In many
espects this case Is peculiar In this
tate, and stands alone In this res
ect." said Mr., Bingham.
I'll don't think there has been any.
hind like IT," sald the court
Then Mr.. Bingham read another
my rambling lot OF decisions from
lew Jersey, South Carolina, Rhode
sland and OunalasKa. One case was
'here man INVESTED $4,000 Ia con.
ederate bonds, parallel ca ie 20 their
luying stock 10 THE JOURNAL.
Judge Boise heard all the argument
nd said:
81 don't think there Is anything
ct on which the court could hnd any.
hingaitirmatiyely. The case Is in no
osltioE for the court 20 order an
The motion Is oyerruled"
NJ. l.. Chamberlain, president Of
no JOURNAL COMPANY, called by de-
'nse. Had been stakeholder fTom
$ organization. Directors held
once year aud sometimes
'tener. There was generally report
the condition ~ the business by A.
. Hofer, jr., and II was accepted and
Dpr0ved. Compensation OF defend
ats was talked oyer at these meet
rs and salaries were raised and
wered as business permitted. Mr.
identified original con
act OF Hofer Bros.Swith the late T.
Shaw and Il, NJ, Waite, W. II. q
vars, aud M. l.. Chamberlain as
rectors, employing them - conduct
q paper, which up to that time had
en- great loss on their hands.