The age-herald., 1902-02-02
NORTH BIRMINGHAM TO
 VOTE ON INCORPORATION

road, known as First avenue extend ed;" thence in southwesterly direction along the north side or said fast named road until it meets the right of way of the Georgia Pacific Railroad Company; thence along the east ern line of said right of way until it would meet a line lying 66O feet north of First avenue, in the North Birmingham Land Company s land, said line running parallel with said First avenue; thence in a southwesterly direction along said line until 1t would in tersect with the east Tine of Seventh street, in North Birmingham Land Con- pany's survey if said street were pro- longed; thence in southern direction along said line of Seventh street, in said survey, if prolonged, to the north line of First avenue in said survey; thence along said north line in a southwest direction until it meets the east line of Twelfth street; thence along the east line of Twelfth street in d southerly direction until it meets the north line of Third av- enue; thence in a southwest direction along said north line of Third avenue un- til it meets the east line of Fourteenth street; thence in a southeast direction along the east line of Fourteenth street to a point on the south bank of Village Creek; thence following up the meander- ings of the south bank of said creek to the place of beginning.
 >~~~>~>~~~<~~<-> this mandamus litigation, I have not taken any pages from any of the letter books with view of concealing from MT. Robinson the affairs of the company. Some of my private letters were copied in the company's books by mistake, and these were taken out. I ordered the pen cil ensures from the ledger. I myself made the erasures from the safes book. EXAMINED BOOKS.
 Tn December, 1901, l was present when MT. Weakley came out and demanded to see the books. On January 9 MT. Robin son came out with Mir. Weakley My brother was in New York. l was sent for and came in. MT. Weakley presented a power of attorney. MT. Robinson ex- amined the books and MT. weakley left. On the 18th MT. Robinson came out again with Mir. Weakley. MT. Robinson was
 
 examining the books 1 did not put any obstacles in his way. I objected once to his going into the yards, as no one was allowed there except employees. MT. Rob- 1nSon made no complaint to me of being hindered in his examination.
 The stockholders meeting was held on January 21 1902. The copy of the letter book No. 6 was made in January, 1901. On January 21, 1902, the day of the stock holders meeting, MT. Robinson presented a written demand to see certain books and the securities. l then told our cashier to allow either Mir. Robinson or his attorney to inspect the securities, but not to allow them to make the inspection Jointly. This was my construction of the writ-that either MT. Robinson or his agent could make the Inspection, but not both to- sether l did not object to both inspect ing the ledger-there Is a difference be- tween securities and books of account HAD HIM WATCHED.
 In a general way we had one of the boys Stay in the room with Mir Robin son all the time. This was for the protec- tion of the company to see that nothing was abstracted or altered, and was not to Impede or delay him in his examina- ton. MT. Robinson never made any com plaints at any time of tho way he was treated.
 l never had any plan or intention in destroying the construction books of de- laying or preventing Mir. Robinson from obtaining information, nor of evading any order of the court. The mandamus suit had not been filed at the time the construction books were destroyed in June, 1901. The operating cash book and ledger were destroyed in September fol- lowing under instructions given some time before. All the information in these books could be obtained if necessary from the vouchers and cash books and invoices and check books. We had no reason to conceal any inform ation from any stockholder. Mir Carver had nothing to do with the destruction of the books.
 On cross examination the witness said that he and his brother had been in en- tire charge of the affairs of the com pany. At the organization of the com pany they held the majority of the stock. we hold our fathers proxy and that of other stockholders. By reason of this control we can pass any resolution at a stockholders meeting. My father bought his stock from my brother and myself.
 The sales record book from which I erased certain ink totals I got from Mr Fitzgerald. l did 1t so that if Mir Rob- inson wanted the information he could foot them up himself. The pencil foot ings on the ledger I ordered Mir. Leach to erase. I would not have done this had not MT. Robinson been present.
 ''Then you boldly admit before this court that you did this to hinder and delay MT. Robinson in his examination?" ?" asked Mr. Weakley attorney for MT. Robinson. The witness practically admit ted that he did.
 TELLS OF STOCK TRANSFER.
 The witness then explained the trans fer of stock in the Joliet Wire Company to Rich. which stock the Alabama Steel and Wire Company owned and sold to MT. Rich for $25.OOO He took copies of the letters written in regard to this matter. but did not remember whether Sstters written to Mir. Rich had been copied in the company's books, and could not state personally whether Mr. R.ch's