The age-herald., 1902-02-03

ture under which they clamed their right to exist as a corporation and at the same time disregard and defy the orders of the courts. to which they must look for pro- lection of their lives and property.
 Used Plain Language.
 He stated to the court that it was his duty to use plain language but he would use 1t in moderation. It was not to be expected that the defendants would ad- init that they had disobeyed the orders of the court and it was to be expected they would attempt to excuse themselves.
 He contended that the testimony of the stock in the Joliet company to Mr. Rich was. so unreasonable and absurd as not to be entitled to the slightest credence, and that men who would falsify in one particular would do so in any other which they thought was necessary to maintain their case
 He referred to the fact as admitted by defendants of their placing entries on their books to show the deposit of S25,- OOO in two obscure banks while a mat ter of fact it was never so deposited,
 
 that Mir Rich came here with the S25, 900 In his pocket which he paid over to Nil. G. H. Schuler at his house one night, end which he subsequently as he stated put in the con panys safe where it re- nained until December when the identi- cal bills were returned to MT. Rich who gave therefore his notes at four per cent interest from April thus paying interest on this large sum of money while 1t had been lying in the companys vault saying l that these statements were so absurd and ridiculous on their face as not to ob- tain eredenee in Any quarter
 Shutters Had Strong Motive.
 He argued that this sale was merely 1 colorable and that the burnt books would have shown this. thus the Schulers had a | strong motive for destroying them. He 1 said that the secret destruction at night of the books without the knowledge of l any employe except MT. Thompson and the fact that it was kept secret for a long time showed conclusively that the books had not been destroyed in obedi- ence to any prearranged plan, but to de- feat MT. Robinsons sight of inspection and in anticipation of the courts order
 He contended that the claim of defend ants that they had destroyed the books because some item had got on the opera ting ledger which should have been on the construction ledger was not borne out by the evidence which showed there was no defect or fault in the construction journal or. cash book. or operating cash book or ledger
 The construction books remained in ex- istence up to June. 1901 and that after be- ing notified of MT. Robinson's desire to inspect these books it was their duty to have preserved them. He argued that the purchase of a new cash book shortly after the order of the court showed early preparations to get things in order to destroy the old books. which in point of fact was done before the case was dis- posed of in the Supreme Court That Frank Thompson the cashier would not have destroyed the cash book and ledger after dark one Sunday night unless on instructions from some officer of the company. H.
 Wants Defendants in Jail.
 MT. Weakley in conclusion spoke of the rights of his client which had been dis regarded after he had spent time and money and if it be true that the books are in reality destroyed no restitution can be made him. He submitted that fine would be totally inadequate as the de- fendants were men of large means and would not mind paying a fine which un- der the statute could not exceed $50 and that the only proper punishment which would have proper moral effect would be imprisonment in jail for the time al- | lowed by the statute.
 MT. TiIman Speaks.
 MT. Tillman commenced by saying that he regretted the incorporate violent and denunciating Reclamation of counsel and i congratulated his clients that they were before a tribunal which could not be | affected by it, and which required aues- tions effecting life. liberty and property to be determined according to the fixed rules of law and the testimony as de- posed to from the witness stand.
 He stated that the only charge that was worthy of consideration was the grace and serious charge made that the Schulers had destroyed the books of the company for the purpose of concealing from Robinson the financial management of the affairs of the company, or any other matters in which he as a stock holder, was interested. "If this charge is demonstrated to be false" said Mr. Till man, the court will have little trouble in disposing of the other incidental charges"
 He then stated that the books destroyed were destroyed at different times and in two groups What was known as the construction books were destroyed in person by one of the Schulers and be- l fore the filing of the petition for a man. damus in this cause The petitoin was ] filed on the 1Gth of June and served on the | defendants on the 14th of June, and these l construction books were destroyed prior to the 11th day of June. The other books destroyed consisted of cash book and an operating ledger. These books were destroyed by an empoye of the com pany in September 1901.
 Destroyed by Directors Orders.
 All of these books were destroyed by reason of a determination made by the directors of the company in the latter part of 1900. or in January or February 1901. and this without reference to inves- tigate the books records and papers of