The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-08-19

New York, August 15.-The hearing
before special Examiner Richard A.
Mabie, in the suit Of Peter Power
against the Northern Pacific railroad
directors to prevent them from turning
over the stock of the to the
Northern Securities Company, was con-
tinued today. Little attention was
paid TO the Power suit, however, the
most of the day being devoted to in
Aquiry into the means whereby plaintiffs
were provided in the similar actions
against the Great Northern railroad,
one Of the constituent companies in the
merger, which actions were based on
the holdings of Mrs. Ellsworth Ives
Chapman and Milton F. Bouden.
When the hearing was resumed to-
day, Herbert Limberger, counsel for
n. content & Co., appeared with records
OF transactions between that firm and
Camiile Weidenfield. Entries as to the
purchase of 100 shares of Northern Pa
cihc stock by Weidenfield on December
10Th, 1901, and of payments of cash on
of Weidenfield and Captain
Stern We're put in evidence. The ac-
count of Mrs. Ellsworth L. Chapman
was asked for but Limberger declined
TO produce it on the ground that it was
not pertient.
Mr.. Weidenfeld was recalled as a
witness. He desired to make some cor
rections of his previous testimony.
Mr.. Weidenfeld said he never heard
Peter Powers name until after the suit
was filed and he first learned of the
suit itself through the newspapers.
Milton T. Bouden, managing clerk
for Thomas & Thomas, brokers, was
called by Mr.. Guthrie. He said that
Mr.. Thomas called him into his office
one day last January and said: I
have given you 400 shares of Great
Northern Railway Company stock and
a suit will be brought in your name.
In reply to questions by Mr.. Guthrie,
Mr.. BOuden said the value of the stock
was about $50, 900 and that he still held
it. He a not paid for it.
How much stock do you own now?'
asked Mr.. Guthrie.
Two hundred shares" was the reply.
When did you take possession of
~ Today" said the witness.
rs it not a fact that those shares
were given you today that you might
swear you owned the stock?" continued
Mr.. Guthrie.
Il took those shares from the safe
because the subpoena served upon me
called for their production here"
DO o know what perjury is and
the penalty for perjury is" pursued
the questioner.
Il do" returned Mr.. Bouden.
VIVA became of the other two I'M
dred shares?S
They were sold"
The money, he said, was placed to his
account.
Mr.. Bouden said he never saw the
complaint filed in the suit n never
authorized the action He left all that
to Mr.. Thomas who told him when he
gave the stock that the suit was to be
brought. Mr.. Thomas told him that
Mr.. Weidenfeld vas interested in the
suit.
r. r. Thomas, formerly of the brok-
erage firm of Thomas & Post, but now
senior member Of the firm of L. X.
G c. r. Thomas, was the next witness.
What did Mr.. Weidenfeld say to you
about his suit?" asked Mr.. Guthrie.
He told me suits were being brought
against the constituent companies to
the Northern Pacific merger and that
Governor VanSant n Judge Lancas-
ter advised some big Northern holder
should be among the plaintiffs as a
guarantee that the suit was for pr1nc1-
pie and not as a strike" came the reply.
What did you say?' was the next
question.
well. L told Mr.. Weidenfeld that I
O"ACo AAoACo VI NhS
principal was at stake l was willing to
help him.. / told him I did not desire
my name mixed up in it n that L
would make over the stock to Bouden,
in whom 1 had full confidence. The
suit was to decided the validity of the
merger. 1 was interested as a broker
in that question. Many people seemed
to doubt the validity of the merger and
I among other wanted it decided
DO you not consider it an unusua:
transaction to MAKE a clerk a gilt OF
so large a sum of money that he might
masquerade as a plaintiff?' asked MI.
Guthrie.
Il do not. 1t is a common enough
practice in Wall street" said MT
Thomas.
Edwin Post, board member OF the
dissolved firm of Thomas & Post, salo
he first learned of Bouden's connection
with the Northern Pacific suit when ne
read it in a newspaper. He spoke 10
Mr.. Thomas and at his request, MT
Thomas went to J. P. Morgan q CO.,
and explained that the TRANSACTION was
an individual matter Of his own ana
had nothing to do with the firm.
BY agreement adjournment was tax
en- until Tuesday at IL o'clock.
McDufie's Little Blue Liver PMS