The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-01

stock came up. MCGEE was asked if h
/ had paid any money He said he psit
/ SO. Mr. Parker offered a receipt TO
/ the money given by Treasurer Harrit!
/ TO MCGEE. Judge Hopkins objected
/ The court refused to admit the re
ceipt. Mr.. Parker offered what was un
! derstood to be the certificate Of pro
! prietorship issued to MCGEE. The certi
! ficste had been some moments in dis
| cussion and arguments as to its relev
I ance were being waged pro and cor
when Judge Hardy interrupted by ask
| ing MCGEE what his first name was
| Thomas F., was the reply.
! Il thought the certificate was reaC
| Patrick MCGEE said the court.
| Mr. Parker said no" then glanced {
little longer and said yes"
Then MCGEE said he was not a pro,
| prietor himself, but that his father wa!
a proprietor. The matter Of the certi
ficate was abandoned at this point In.
cidentally MCGEE was unable to remem
Der whether the money for the certifi.
cate was paid before or after the voting
for trustees.
Mr.. Hopkins cross examination was
exceedingly severe. MCGEE admitted
that he was an employee Of the ole
board, and that while an employe ht
opened the rooms to the associate
members for the purposes Of the annua
meeting and was present at the meet.
ing.
He testified also that he changed The
combination on the safe in the flee.
AT any rate" said Judge Hopkins
you did not improve your opportunity
TO be connected with the association
The witness replied that he did not.
There was a bit of the dramatic when
John F. Philbin was recalled. The ques-
tons asked by Col. Hopkins brought
out the manner in which the annual
meeting was called as far as Mr.. Phil
bin was concerned. Witness said that
as far as he knew the only way it was
called was by passing the word
around"
There was an objection from Mr.
Parker when the witness was asked if
he voted for Martin Murphy. Objection
oVerruled
Witness replied mo, I voted for
Martin Murphy & Co."
Col. Hopkins: But you were much
put out that Coughlin & Cooney had
the majority on the vote"
A. In a way l was and in a way I
was not. l thought it would be for the
best interest of the corporation if Muir
ply got the contract"
Q-"You spoke very strongly to
Judge Corcoran about the matter,
didn't you?"
Al don't know as I did"
Odd you threaten Judge Corcor-
an what you would do if he didn't vote
for Murphy"
Al did not"
Q-"Didn't you threaten to take a
law suit of yours away from him %
Al said there could never be the
same confidence between us again
Odd you threaten TO have him
accommodated"
A-"Not in that connection
ON the conversation, did you?"
A-"No sir"
Mr. Mcnamara was recalled. It took
but a few minutes to complete his ex-
animation. The plaintiffs rested.
Col. Hopkins made a brief statement
of the position Of the defendants. He
held that the action could not be main
tanned in its present form. In his opin-
ion a writ Of quo warrantO was the only
method that the plaintiffs could proper
~ pursue.
He said the suit was an effort to make
the question of which was the true
board of officers of a corporation col
lateral to the validity of a contract
signed by one Of those boards. If the
plaintiffs wanted relief they should
seek it in law. So far as the proceedings
in equity were concerned the benefits to
be obtained were entirely disprOportion-
ate to the injury to be done.
In the matter Of who were proprietors
Mr. Hopkins said that the treasurer by
whom the certificates were issued had
no creative power, and could not make
proprietors Of any person who paid hin
. the hz--l9 0T this
corporation in support of this position
Rev. Father Patterson, Judge Cor
coran. John B. O'Toole, Harold Parker
and Messrs. Coughlin & Cooney were
sworn for the defense. Judge Corcoran
took the stand.
He testified that the mysterious mem
orandum was in his handwriting ano
was the memorandum Of meeting Oh
the old board which he described as an
informal meeting. This meeting was
held on Sunday. The memorandum was
made for his own use. The meeting In
his office was not in any sense meet
ing of the trustees.
The case was adjourned until tomor-
row morning at $50 O'Clock.
Thirtv-two members of Flora Chapter
attended the Worcester circuit meeting
of Epworth Leagues at Westooro'
Tuesday, Wnlcn was ILS Ia >
sentation Of any chapter in the circuit.
An alarm from box as sounded at
- O5 this afternoon, to put out a brush
fire on the east side Of Woodruff
heights. 1t took several hours to ex-
tinguish the flames.
In the district court this morning
four drunks were disposed of. James
Lynch, John Golding and James Kill
martin were fined s. each. Ann Nc
Namara had her case continued one
month. She claims that a neighbor in
suited her and drenched her with
water.
The Clinton high school will have a
class field day at the park, Friday af-
ternoon. Several interesting events
will be pulled off.
TRIAL WAS CONTINUED.