The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-09-25
.ELG|N CASE ON TRIAL
Judge Hiles Hears Testimony
on Petition for Receivership.
TELL OF PRESERVATIVES
TRIALS BEFORE CHERRY-TAR.
BET SUES LAMSON.

The suit of John A Hobbs against
the Elgin Creamery company was
taken up for hearing yesterday after
noon before Judge Hiles. An array OF
evidence was taken in support of
plaintiffs application for the appoint
ment of receiver to take charge of the
company's business and wind uO its
affairs. At the hour of adjournment
further hearing of the case was post
poned till Friday afternoon, when the
defense will have its inning.
The complaint sets UP that George
McCarroll, the president and manager
of the Elgin Creamery company. and
A ]. Worse, the secretary and treas
urer, have Willfully mismanaged the
company's affairs and by making false
entries in the books and diverting funds
to their own use, designed to make
plaintiffs interest in the business val
ueless. 1t was also alleged that the
management of the defendant coEnpd-
ny had persistently violated the pure
food law by using chemical compounds
and harmful preserVatives in the milk
and cream sold to the Elgin company's
customers, and it was charged that as
soon as this indiscretion became pub
Hcly known, as it inevitably must, the
company's business would be ruined.
Answering the complaint, the defend
ant company specifically denied every
defense charged that the plaintiff had
maliciouSly comns enced his suit for the
purpose of wrecking the company's
business out of revenge for the COM
pany having discharged him as one of
its employees because of incompetency.
Say Preservatives Are Used.
Very little of the evidence taken yes
terday afternoon related to the allega-
lions of financial mismanagement. On
the fra off Iaxy
plaintiffs witnesses was for the pur-
pose of showing that the management
Of the E1gin Creamery company had all
during the past summer used various
kinds of chemical representatives. and
cream thickenerS in which formadehyde
was component part
Besides Hobbs. Ross Savage. Patter-
son, Thomas Beddo and Fieberger, I'M
til recently employees of the defendant
company, testified to the use of the al
legged preServatives and thickcuers in
the milk and cream prepared Tor Gus
toners.
Under cross-examination, Hobbs ad-
nitted that he had not vigorously pro
tested TO Manager McCarroH against
the alleged use of the chemicals in the
dairy product Several of the other
witnesses confessed that it was no I'M
common occurrence for other diaries to
put thickening and preservatives in
milk and cream sold to customers.
From the line of crOSS-eXamination
ii was evident that the defense will
show that the testimony against tie
Elgin company is malicious and spite
full 1t also became apparent that the
defense will show that the alleged use
of the thickening and preservaline is
nothing but a part of the pasteuriza-
ton or sterilization process by which
milk and cream are made wholesome
and that the ''Viscogen," the use of
which was testified to. is merely mix
ture of lime water and sugar, a neces-
sary part of the pasteurizing process.
The PLAINTIFFS attorneys are Pierce,
CritchlOw & Barrette. and the interests
of the defense are guarded by .Krebs &
Hoppaugh and c. w. Morse.