Delaware gazette and state journal., 1899-05-11
ATTORNEYS HAYE a riLT.
Controversy IN a Bay State Gas suit Hef
ing Before commissioner smith.

Ing Before commissioner smith.
Counsel in the suit Of Jacob Ed
wards of New York and others against
the Bay Satte Gas Co. Of Delaware
had lively tilt in the grand jury
room at the Federal Building, before
United States Commissioner Smith,
Monday morning, the parties to the de-
bate being G. Godfrey Patterson of
New York, who, with James H. Hof
fecker, Jr., is counsel for the COM
plainant, and George Crawford OF
Philadelphia, who, with Herbert III.
Ward, appeared for the defendant COM
pany.
The suit, which was entered some
time ago in the United States Court
in this city, is an action asking for
an accounting, an injunction, dis
covery and the appointment of q re-
ceiver. The last hearing took place
before Judge Dallas in Philadelphia,
and upon his order today at 11.30
o'clock was the time ASed for hear
ing OF testimony before United States
Commissioner Smith, special examiner,
in this city. Accordingly 'summonses
were issued and it was expected that
j. Edward Addicks and William IL.
Miller Of Philadelphia, treasurer of the
company, would be here and appear
before the commissioner 10 order that
counsel for the complainant might ask
them questions.
This was false hope, however, IL
such a hope was entertained by the
complainaut's counsel, as neither Mr..
Addicks nor Mr.. Miller were at the
court room at the appointed time,
and their absence was not at oil pleas
ing to the counsel for the complainant,
who showed their feeling in the matter
when the time for tho examination
arrived.
As the witnesses were not present an
explanation seemed necessary, and Mr..
Crawford proceeded to make the OK
PLANTATION. He said SO far as the OK.
| animation was concerned it was merely
a proceeding for an accounting, and as
he had instructed the witnesses not to
| go into the details of an accounting,
and, believing the point would be i'm
mediately raised as to whether they
should go into such details, they hao
not come to Wilmington. He said,
however, il it was found necessary tc
have them here, they could be sum
moned by telegraph and would be here
within two hours. He thought th,
| point he had referred to could b,
settled just as well without the wit
nesses as with them. He also said tina
ii was not deemed advisable to brine
ali of the books into court at one time
that they could be brought in a
desired.
Mr.. Patterson did not like thi
method of procedure. He thought tb,
witnesses should be on hand. He asked
that the hearing proceed according t,
the wishes of the complainant, and re
quested Examiner Smith to call fo
the production Of Treasurer Miller o
the company. He held that at such
hearing before an examiner it was no
proper to introduce legal technicali
ties, as the commissioner had not tn
jurisdiction In such matters, whicl
should be settled before the court
The commissioner, ho said, is here t.
take testimony, and the witnesse
should be here.
Counsel foc the company were pre-
pared to cite authorities in support o
their contention, but counsel for tn
complainant did not care to hear an
authorities and nothing in that lin
was done.
Mr., Patterson contended that tn
meVnou tuODleu py cOuDSbi lOr III
company was to delay matters. whicl
the company's attorneys denied. Mr.
Patterson said the counsel for tho dc
fendsnt did not apprehend the scope @
the suit. He held that it was nc
only for an accounting. but was a sui
against the Bay State Gas Co. Of Della
ware as trustee for bondholders, wb
bear the relation to bondholders {
.. trustee as well as debtor. He insiste
that the burden of proof is on the trus
tee to answer for its acts, and that th
complainant has the right to call sue
witnesses as seem necessary. He ais
said counsel for the defendant had n
right to assume for what purpose
witness is called.
Finally, at l2 o'clock, after Con
missioner Smith had remarked thu
it would be impossible to examine wi
. nesses IL they were not here in persoI
3 adjournment was made until o'clocl
|, the understanding being that couns
for the company was to summon Trea
!, urer Miller by telegraph to be preser
during the afternoon.