Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-05
BOOKS
FOR INSPECTION
JUDGE KNOWLES, AT THIS TIME,
WOULD NOT ORDER THEM
PRODUCED.
-- -
REQUEST IN THE NATURE
OF FISHING FOR EVIDENCE.
Bills Of Goods Sold to S. M. Nixon for
Silver City Mercantile Co.
For South Butte Store.

The hearing of the Nixon bankruptcy
case was resumed before Judge Knowles
! this morning. The proceedings opened
by Attorney NJ. l.. Wines. one of the
counsel for he ~etitioning creditors. ask
ing the court for an order to inspect the
books of Fannie ]. Lott, James F. Lott
and L. w. Nixon in relation to the bust
ness of the South Butte and Centerville
stores, particularly as to the purchases
of goods by the above named parties.
Judge Pemberton. representing L. w.
Nixon, resisted the motion as far as his
client was concerned. He said that ne
was willing that any books or papers
relative to the business OF the Silver
City Mercantile should be pro-
duced, but he objected to the introduce
ton of any private papers or accounts.
In reply. Mr.. Wines said it was not a
mere matter of curiosity. The parties
had been jointly charged with being con-
spring partners, and the stores were
part of the assets. In such a case 1t GER
tainly was material that the books should
be produced for inspection.
{ Judge Knowles, in passing upon the
matter, said he would not make the order
at this time. In regard to the Silver
City Mercantile company, there was no
doubt of the firm being bankrupt and
any books belonging to the firm should
be turned over to the court. He did not
believe that any other books could be de-
manded. The request. he said. vas a
good deal in the nature of fishing for
evidence" and the court would discount
tenance anything of that kind.
Joseph ". Long, formerly cashier OF
Hoge, Brownlee & Co.'S bank, was the
first witness. He said he had been en-
ployed by the bank for 16 years ending
last August. He remembered a joint note
executed in 1892 by S. NJ. Nixon and r.
NJ. Davidson. The money had been paid
to S. M. Nixon.
Judge Mcconnell objected to this tes-
timony and said the best evidence would
be the books of the bank. Mr.. Wines
said h would produce evidence later to
show that the books We're not obtainable
n the testimony of Mr.. Long was al
lowed to stand.
Harry Friedman. a representative OF
the house Of A. Schilling, San Francisco,
was the next witness. He testified to
having sold several bills of goods to s.
M. Nixon for the Silver City Mercantile
company. To the best of his knowledge
a portion of the goods had been purchas-
ed for the South Butte store. When or
dering goods Nixon frequently called ul
the South Butte store to ascertain what
was wanted. He also testified to a con-
versation he had with S. NJ. Nixon in
which the latter said they had three
stores now The first he heard of Sam
-NSA eN's 'NS AN AN AASolN lN 44AN
sold the stores and left the country.
The witness was subjected to a lengthy
cross-examination by Judge Mcconnell
during which the former detailed his
method of t~ransacting bushes with
mercantile houses.
Thomas A. Morrin, an attorney O.
Butte, testified that he had acted a!
agent for Bradstreet's. About Novem.
Der 25, 1899, S. M. Nixon called at his of.
flee and stated that an attachment hac
been placed on his stores by George w
Andrews. Mr.. Morrin was requested b,
|, Mr.. Nixon not to telegraph the new!
|, out as 1t was merely a personal figh
} between Andrews and himself.
I Il have lots of money! said Nixon
I and Mr.. Morrin said he exhibited a rol
: of bills amounting to 81. 200. w do no
! W n debts and have $500 worth 0
} goods on hand"
Mr.. Morrin says he asked Nixon VIII
conducted the business of the Silver Cit
Mercantile Co., as he had been asked 70
: this by several of his east
ern correspondents. According to tn
witness, Mr.. Nixon replied that he (Nix
ON ran the business. but as there wer
several old judgments hanging owe
him, he could not do business in his ON
name. He also testified about the judg
ments being outlawed in a short time.
Frank e. Cooney, a merchandise brok
err said he had frequent conversation
with s. NJ. Nixon relative to the bushes
Il of the Silver (ifv Morcort;lo (So AT,