The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-09-16
The MASTERS REPORT.
I'm the Sanders Bankrupt Case IS
Against the Bankrupt.


Against the Bankrupt.
The following is the full text of the
report of Special Master j. P. Wood
on the Sanders bankrupt case, which
was referred to him by Judge Town
send for a full investigation and re-
port:
In the United States court, Soutn-
ern district, at Pauls Valley.
In the matter of T. I. Sanders,
bankrupt, in bankruptcy:
The matter having been referred
to me by order of the court, for hear
ing and report, the same was set
down for hearing in Ardmore on the
18th day OF August, 1900, and all
parties appeared on that date the
same was duly taken up and investl-
gated. The matter of the stating the
account of the bankrupt, was by
agreement of the parties interested,
raferred to E. w. Roberts and I. ID.
Sturgeon, expert bookkeepers, who
after investigation, made their re-
port, which is herewith hled ana
marked exhibit A, to the masters
report, in which they find that there
was short In the bankrupt's mer-
chandise account goods to the value
of s3360.2 26, that there was short
AGE in his cash of $3.50. The report
of the expert bookkeepers obviates
the necessity of report from me on
the first, second and third para
graphs of the order of reference.
I find that the store obtaining the
goods of the bankrupt was broken
into after the bankrupt had surrend-
cred the property to the trustees, but
there is no proof showing what
amount of goods were taken or the
value thereof. The bankrupt says
that there was nothing missing. but
some cheap jewelry, that he could
detect, And the testimony of the
parties who we're invoicing the goods
is substantially to the same erect.
/ therefore find that there was no
appreciable amount of merchandise
taken therefrom, by reason of this
alleged burglary.
find that the goods of the bank
rupt were not invoiced at cost and
carriage; Mr.. Sipes, one of the part
les who invoiced the merchandise,
testifies that they were perhaps in
voiced at $3.50 less than cost and car
riape, and Mr.. Garrett testif1es that
they were probably invoiced at $500
or $1,000 less than cost and carriage.
The witness Garret was in and about
the store frequently whilst the goods
were being invoiced, and purchased
the same at the trustees sale. and it
seems that the conduct of these
parties who invoiced the goods and
that of Mr.. Garret, who purchased
them, was sufficient to arouse the
suspicion of the trustee, Mr.. Kean,
because in his testimony, he says
"that the talk Garret was making
was to lead all to believe that plot
had been made" think it safe to
conclude that the goods we're invoic-
ed at $500 less than cost and car
rage, SO l find.
1 find, upon investigation, that the
rules of evidence in criminal cases
should be our guide in determining
the issues involved in this investiga-
ton; see In. Re. Adolph Friedman,
End American Bankruptcy reports,
P. 3O1; see also In. Re. Chas. Meyes,
3rd American reports, paragraph 3,
and page 536, wLere the court says:
"The finding of merchandise to the
amount and value of s2O, 1892 SO in the
hands of the bankrupt is predicated
on a showing which raises a strong
suspicion of large amount ofgoods
unaccounted for during the half year
preceding the failure, but the testi-
nony is deemed insufficient to estab-
lish beyond a reasonable doubt the
fact of abstraction of goods from the
stock"
have admitted the testimony as
to the good character of the bank
rupt and the bad character otWhitc-
hurst, his clerk, for honesty and fair
dealing; because I think It will be
settled, by the authorities, that the
rule of criminal evidence apply to
investigation of this character.
To find that the bankrupt has not
fully accounted for and turned over
to the trustee all money and proper
ty coming into his possession, dur
ing the time he was in business at
Wynnewood, is tantamount to find
ing that he withholds the same from
the trustee. The report of the ex-
pert bookkeepers shows that the
was a shortage in the merchandise
account $3.50 26, and that there was
a shortage in his cash to the sum of
$2250.