Waterbury Democrat., 1901-03-26
CLOWESIMILLER CASE.
Opened at 9:so This Morning several
 Decisions by Judge Thayer.

opened at o:SO Tnls Mornlng-SeVe1al E Decisions by Judge Thayer.
 Judge Thayer, upon resuming busl- ness in the superior court this morning, handed down the following decisions: Defendants demurrer ill the suit of A. M. Burritt, eXecutor, ct al, ys Angelo c. Burritt, was over ruled, and in the same case the de fendant's motion to have the plaintiffs cite in Clara Burritt as co-defendant was denied. Defendants motion in the suit of the Dime Savings bank vs the Rev Paul McAlleny, to strike out and be more specific, was overruled. The report of Attorney M. J. Byrne, as receiver for the Globe Publishing Go, was approved. The report was merely the sale by auction of the un- collected accounts of the concern.
 Court opened at 9:3O o'clock, and im- mediately the case of George Cloves vs the Randolph-Clowes Go and Charles Miller ct al was taken up. It was late in the forenoon when the reading of the complaint was finished. The papers in the suit are vOluminous. The table between the cOntending counsel was filtered with them and piles more were packed away in the lawyers bags. The lawyers took turns in reading the numerous motions, de murrers, counter-motions and rulings thereon. The plaintiff is represented by, Messrs O'Neill of this city, Morgan of New York and Williams of Derby, while defendants counsel are Burpee of this city and Stoddard of Bridge port. The parties mainly interested in the litigation Mir Gloves and Mir Mil Ter. sat near their respective counsel, and during the forenoon many men prominent in local financial circles or fho 1.,r 1f.,f, ,fY.,. ing concerns entered the room and stayed awhile to see how this contest for possession of ON of the largest in duStries in the city was progressing. Up to about II 30 o'clock they heard nothing but the mOnOtOnouS tones of some of the lawyers reading the ap parently interminable papers.
 Mir Gloves was the first witness l called. He began with his system of managing the business of Randolph X Gloves. In 1886. he said he became associated with Mir Randolph. sue ceeding the Brown Bros. In the year following the business of the firm amounted to $25OOOO, and it increased steadily until 1897, when it reached $1,OOO,O0O. This was the year in which MT Randolph died. The minutes book | of the company was produced and it showed that on July 31, 1899, a meet
 
 | Officers were elected at that meeting | and MT Cloves was chosen as a mem- Der of the board of directors. An ob- jectiOn to admitting an agreement 1 signed by Mir Gloves and Mir Ran | dolph the administrators. who has been mentioned so frequently in connection with this case, was Oyerruled. This | agreement was that MT Cloves should | be given $3OOO0O worth of stock pro- 10 hn1 hp fn | gross assets of the company on August l, 1899. amounted to about S11,0OO,OOO or $12,0O0,OOO and the liabilities be- tween $2S6,OOO and S29O, ,OOO, exclusive of the good will of the concern.
 On April IS, 1900, witness saw NIT Randolph at the latter's office in New York. c. H. Keefe, chairman of the board of commerce of Buffalo, N. Y., was present. MT Keefe demanded of MT Randolph under the latter's agree ment 91O shares of preferred stock of the company and offered him S72, ,OOO in 1 cash for the property. Mir Keefe hau | the original agreement between MT Randolph and MT Gloves with him at the time. MT Randolph referred MT | keefe to his counsel. and Mir Keefe re- l piled that it was Mir Randolph who should see counsel. MT Randolph did not accept the money.
 Cioss-eAdihInatlon then began. He said the good will of the plant was worth S25O,OOO, land occupied by. the plant $25O,OOO, tools and machinery S5l0OOO; bills. cash and goods S1OO.- OOO; land in Cook county, III, S5.OOO: land in this city $5,OOO. He would consider the plant worth more were it situated elsewhere. Since witness was given charge of the plant it paid an annual dividend of $2S.OOO. 'which, /" said witness, shows that it is a paying company