New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-06-21

of outsta ndng shares was formed the result OF
which Davis was t put f s2os s 5S n Muord
lawyer. who never owned any snare OF stock N the
chased for him by his broker margin and after
commenced the bonds were sold a profit Mr.
Mumford now owns neither bonds nor stock
brother OF William H Butler the president OF the
The fourth suit is brought by Mr.. Cochran him
self in the OF a relative. Mrs Susan K
Of e sxstlnce N q8 the RGf TIE adavS aSon
which the order for examination was granted being
sworn by Mr. Cochran
In the last two suits those brought by Butler
obta6ed at sBsciaI Term Part II two orders 70
examine Messrs. Duke and Ryan. on the ground
that their examination necessary 10 enable him
10 frame complaint in both suits The payers upon
which these orders were granted contained a mum
ne part OF The directors OF re american 5obagc22
only For many reasons il was deemed unnsces-
lions corfaf7a5 - +5s f4IsI-irs mon which the
orders were granted II was thought SUFFICIENT for
the present 10 point out the fatal inperfectons IN
vacating TIE orders stated 20 the court that tns
sources o information or grounds OF pellet s{a5sG
might amount 70 charge OF criminal conspiracy
in accordance WITH the numerous decisions upon
the subject with which I know you are faLnl I:
make a series Of reckless charges UPON Intorrna-
tlon and belief and then require the Defendants
put themselves in the attitude OF der1Urrns 20 ne
sUf7CienCy OF Allegations 70 sustain the orders
II Mr.. Cochran thinks that because We demurred
true. except for the purposes OF the motion. ne
cipes OF procedure with which every law student -
familiar.
The affidavit upon which the order for the ex-
animation Of Davis granted charged tndr ne
the real party in interest, but the repre-
sentative OF the pool who had collected ABOUT
twelve thousand shares for the purpose OF realizing
q profit by means Of a lawsuit Some OF the ale
for Davis argued that the charges in the affidavit
amounted a accusation OF criminal conspiracy
and blackmaiI and that for that reason among
others, the order should be vacated II was said
in the plaintiffs brief that the only purpose or
the examination sought by the defendants Is 70
ascertain the names Of supposed cOnSpirators- VIII
the court permit examination where the sole
criminal aCt2 The Wild allegation OF these astute
directors must defeat their purpose The au-
thOritfes unanimous that the examination VIII
be allowed for any such object
I did understand the time that Davis rad
admitted that such a criminal conspiracy existed
because he chose TO move on NY papers WITHOUT
answering aff1davits But If Mr. COckran's view is
ted the charges in his affidavit. I ask you 70
apply the rule 20 Davis. his associates and
hackers.
At a proper time and when. II ever Mr.. Cochran
frames complaint. the defendants Will be ready
with their defences, but in The mean time I would
have you suppose for q moment that they
admit the truth any % the false. reckless and
Mr Cochran has now resor-ed 20 practice not
unknown bur seldom approved, OF attempting TO
put additional pressure upon the defendants In a
civil litigation by referring the matter the Dis
trict Attorney 1 beg hat you viii not allow your
office TO be made use OF for such purposes