The Providence news. (Providence [R.I.]) 1891-1906, 1902-08-09
TEMPORARY TRIUMPH
OF PROMOTER POWER.
Case Brought by Gov. Kimball is
Called and a Warrant Refused
by a New York Judge.

Governor Kimball of Rhode Island testi-
fed at length yesterday against Andrew
+. Power. secretary and general manager
or the Exporters association OF Ameri-
ca. In an effort 10 convince Magistrate
Flammer In Centre street court. New
York city. that Power had obtained
money from him under false pretences.
and that he could obtain no accounting
or the funds he had subscribed for
stock OF the New England Manufacture
ers association
FAILED TO GET WARRANT.
The governors testimony, however. did
not convince the magistrate, and a war
rant for Powers arrest was refused.
Thereupon Power hurriedly left tho
court room. At the Franklin street door
OF the court building he came upon Mr..
Hunt. Governor Kimbalfs attorney, and
as soon as he spied him began loudly
TO applaud him. clapping his hands vo-
ciferously.
Now for the other papers In this
easel! he cried out. He was appar-
emily In a great state OF excitement: too
excited. In fact. TO talk.
George Gordon Battle appeared for
Power. but chose to say very little, leav-
ing the greater part of the questioning
10 Magistrate Flammer and Mr. Hunt.
Louis b. Curtis OF Bridgeport, Conn.
was Joint plaintiff with Governor Kim
ball. and their charge was that Power
had Induced them TO subscribe TO the
stock OF the New England Manufac-
turers' association. a commercial agency
informing them that the Exporters as
sociation OF America. which was repre-
sented as having capstal OF more than
{lo0.WV, and tangible assets of more than
$4,000. would agree 10 guarantee the
bonds or the New England. company for
three years at ten per cent yearly All
this was duly explained BY Mr.. Hunt
when Mr.. Battle asked for definition OF
the charge against his client.
is this charge one of obtaining money
under false pretences or one of misap-
preparation OF funds?" Mr.. Battle asked
1T Is both." Mr.. Hunt replied
Its case OF civil action for an ac-
counting, that's what IL is. II rs not a
case for criminal procedure" Mr.. Battle
said. wearily.
WHO owns the stock of those com
panies " the magistrate inquired
POWER THE TWO COMPANIES.
Mr.. Power" Mr. Hunt replied; hes
both companies. SO far az We know"
Mr.. Hunt stated that Governor Kimbali
had subscribed 5000. Mr. Curtis $4,000 ano
Mr.. Destrads 800 for the stock of the
New England company. and that he knew
no other subscribers
Magistrate Flammer-Why don't yod
get the stock books and learn the names
of the subscribers?
Mr.. Hunt--Wey 60 to the Offices of the
company for that purpose. and are told
that the books are In Boston. Mr.. Kim
ball went TO Boston to see Mr. Power
and get statement from him Mr..
Power showed him q sheet Of paper with
an account on IL, but he did not show
the books
Mr.. Battle-we have the books Of the
company here today
Mr.. Hunt-Very well; what we want
to know Is where Is the subscribed money
today. We ask Mr.. Power, and he re-
fuses to say.
Mr.. Battle (impatiently)-It is infa-
nous TO bring this man here on a crimi-
nal charge. This is a civil court case.
Throughout the examination Power
stood directly behind Mr.. Battle, whis-
pering information and advice In his ear
Power bad deposited Gov. Kimbalrs
check drawn to the New England COM
pany to the credit Of the Exporters asso-
citation Of America, Magistrate Fhmmer
said:
He had the right to do this. mas
much as the Exporters association had
guaranteed the bonds Of the other com :
pany. A stockholder cannot go into a
bank or a company Office and say where
Is the money / have subscribed for your
businessY "
At this juncture Mr. williams. one of
Powers attorneys, who had been in the
back row on the bridge" spoke up.
Gov. Kimball threatened to wreck the
New England company. to advertise II
through New England and to put 1t out
OF business"
To this voluntary information Magis-
trate F1ammer paid not the slightest at
tentiop. In a few moments he said TO
Mr.. Hunts:
1T wish you would prepare an affidavit
In support Of your side of the matter;
then you may be able to make out case.
Show me why you can't get the informa-
tion you desire"
GOV KIMBALL TESTIFTEs.
Mr.. Hunt have Gov. KinbaIl here:
I can put him ON the stapd.
with this. Gov. Kimhali was called.
Gov Kimban told his name and his nd
dress, and IN answer to other questions
asked by the magistrate. said that he had
given Power $4,000 IN two checks for the
orrnnization of the New England com
pany, purchasing 20 shares Of stock. One
Of the checks was drawn to the order OF