Waterbury Democrat., 1901-03-01
SUPERIOR COURT
Judge Thayer Says Increase of
 Globe Stock Was Illegal.
RECEIVER M. J. BYRNE'S FEE
The Court Thought It Trife High Attorney Root for Clohessey Says He Will Ask for His $JO-Several Divorce Cases Occupied q Good Share of the Courts Time.


 | Several motions by Attorney M. T. Byrne. receiver in connection with Winding up the affairs of the Evening Z | Globe Publishing Co, occupied the l greater part of Judge Thayer's time l at short calendar in the superior court 1 this forenoon. AIr Byrne was put on 1 the stand and sworn. He was repre- scented by Attorney O'Neill. The first feature taken up was in relation to l SoOO worth of new stock claimed 1 against John J. Clohessey. Attorney Root stated that he represented MT Clo- 1 hesSey, and he did not wish to be con i sidered d stockholder of the company | even to the extent of the two shares of stock which cost him $50. MT l O'Neill then made the following state ment: Soon after the formation of the Globe Publishing Go the directors voted an increase of stock. Mr Byrue was one of the principal stockholders. owning almost One-half the stock. At
 a meeting of the company at which it was voted to make d second increase of stock. Directors c. F. DoWney and ID. H. Tierney stated that Mr Globes sey would buy some shares, and there upon it was voted to increase the
 capital stock. There were no certifi- cates of this new stock issued. In fact nothing ill that respect was ever done except to vote the increase of stock. At that meeting it was also voted to move to Director Downeys building on Grand street. Later Dow
 ney discussed the details of the pro- posed removal to his premises with the result that all the plans and votes passed at the meeting fell through. Then coldness between the directors followed. The treaSurers books showed that MT Clohessey had paid
 $50. Mr Byrne. on inquiring into this l matter after being appointed receiver. found how Mr Clohessey came to
 agree to take the new stock. He found that MeSsrs Downey. Tierney
 and Clohessey held q consultation: that Mr Clohesscy agreed to take the
 stock if Downey would pay him S70O or $500 he owed him. If there was any additional money necessary to purchase the stock Mr Clohessey would furnish it. This arrangement was sat isfactory. but it resulted. as the plans to move resulted, in failure. Director Downey refused. at least he did not comply with his part of the agree ment Meantime. however. Mir Clohes- Sey had paid S5O, but refused to put in any more because of Director Dow ney's backing out of the agreement All of the original stock was paid for expect S4O0 worth owned by II. C. O'Sullivan. Mr Byrne thought this was uncollectable.
 The court remarked that the last increase of stock was illegal and At torney Root said his client. MT Clohes- sey, may ask to be given back his $5O The court looked in NIr ByrneS'S re- ports and found that the indebtedness of the concern amounts to about $1,-
 GOO: that of this sum MT Byrnes claims
 $500 and Attorney O'Neill $500 each for services, and that some one else had a claim to make up the balance of the total.
 Mir Byrnes stated that M. J. Brzez- inski bought the good will and plant of the paper for $500 at public auction.
 and that during the sale he received
 a bid of $500 by telephone from Col
 onel Doherty. These were the only bids. MT Byrne. in reply to the court.
 said he had no understanding with any of the bidders regarding the sale.
 The court inquired if MT Byrne con- sidered the sale a fair one, in view of
 the plant and paper being sold for al most three times less than it was ap praised at. Mir Byrne answered that the proposed sale was thoroughly ad vertised in the newspapers in New Ha- ven, Hartford and other places as well
 as in the local ones for three days be- fore it took place. MT BrzeZnslli sold the property at :, loss of S1OO, and the
 expense of running it two or three days, MT Byrnes said
 The court said he could not see what the receiver did to entitle him to $500 from the proceeds of the auction, to which Mir Byrne replied that he en- tered eleven suits for collections and | did a good deal of other work. As for 1 Mir O'Neilfs claim of 5000. he said it | was voted by the directors to retain 1 Mir O'Neill to defend the paper in a 1 libel suit. This suit, MT O'Neill stated, was practically out of the way. though l if is vet on the docket. This libel suit he continued, was the chief cause of stopping the publication of the Globe. The court asked Mir ByrIe if he thought any one taking up his reports could ascertain what work he had done He then advised him to settle all the accounts that are offset. This resulted in discussion of the nature of many of the bills, in which Clerk Marsh joined, and held that claim which he represented should not be set down as uncollectable. The court finally ordered that all the reports be amended so that they will show the exact situation of affairs.
 The following court cases were as-
 signed for hearing next week in the
 order named after the suit of the town
 vs the Connecticut Lighting and Rail-
 way Go: George H. Gloves ys Ran-
 dolpl- Cloves Go, motion to dissolve
 an injunction restraining plaintiff from
 suing Charles Miller ct al: Gotfried
 Geron, administrator. vs the Consoli-
 dated Railroad Go: Mrs George flag
 gerty vs borough of Naugatuck. and
 Peter Warerea vs Thomas F. Maher.
 The cases of Josephine A. Maher ap-
 peal from commissioners. and Mar
 caret Walsh vs the same. were or
 dered to be taken off the trial list for this term.
 A motion for default for failure to
 comply with order of the court in the case of Theodore c. Caldwell against George 1T. Gloves was withdrawn. A motion for further order of notice i'll the divorce suit of Pauline Fondeler vs Moses Fondeler was continued to next week. The defendant cannot be found A registered letter addressed to him in New York was returned. ! Josephine St HiIaire was granted a
 divOrce. the cuetody of two minor