The age-herald., 1902-02-03

could not be easily ascertained from oth- CT books and papers and records then in the possession of the company and which were not destroyed.
 Had No Evil Purpose.
 That the determination made by the directors to destroy these books was bas- ed on no evil purpose whatever, and ac- complshed no wrong to anybody either interested in the company as a stock holder or otherwise. He insisted at some length that the schulers when their ac ton was properly explained, as it could easily be explained. had done nothing which they desired or which was to their interest to conceal from Robinson or anyone else, and he stated, as he had stated on a previous occasion, that he was authorized by his clients to say that they again offered in good faith to let MT. Robinson employ an expert accountant, and that such accountant might take tine books and papers of the company, go through them and make a full eXamina tion and inspection of them. and thus show the results of the operation of the company since the commencement there of and this too, under the direction of this court and without requiring MT. Robinson to stop his own investigations,
 He claimed tlat the uncontradicted evil dence in the case conclusively estab- lished the proposition that the books were destroyed according to the determination of the directors made in the latter part of 1900. or in January or February. 1901, | a5 after they ascertained that Robinson was going to resort to the courts for the pur- pose of forcing them to allow him to inspect the books records and papers.
 That an employe, acting under pre- vious instructions. had been preparing the books for destruction by transferring balances to new books opened under his original instructions. and that af- rewards in September, having balanced LID the old books which needed balanc- ing and after having transferred such balances to the new books then being ready to destroy the cash book and led ger belonging to the construction books, without further instruction, in Septem- ber 1901 he destroyed the same and that he did not communicate to either of the defendants the fact that he had destroyed these books until some time in December, 1901. when the matter came up for dis cusson between him and one of them.
 That in fact, E. T. Schuler. as the evil dence showed. did not know of the de- structon of any of these books until he returned from Pittsburg on the 10th of December 1901. and that George H. Schul CT did not know of the destruction of the cash book and operating ledger until about the same time. This was after q demand had been made under the writ of mandamus for an investigation of the books by MT. Weakley. as attorney for Mir. Robinson, and in fact after he had begun to examine, about that time.
 Did Not Impede Robinson.
 MT. Tillman further contended that the uncontradicted evidence showed that in the destruction of the books. the defense had no purpose or intention whatever of preventing MT. Robinson in making any examination of any of the affairs of the company, or of evading or defeating the mandate of the court under which the examination was had. He discussed at length the evidence upon this subject, and drew as a conclusion from all of it that unless the testimony offered on behalf of the defendants in reference to the destruction of the books was absolutely set aside and discarded by the court, that the court could come to no other con clusion but that these books were destroy ey in pursuance of the determination of the directors, arrived at long before Rob- inson made any demand of them for an examination of the books. and long be- fore they had any idea that he desired such examination.
 He contended that this testimony was absolutely uncontradicted. the petitioner having no testimony wheatever in con- fict herewith.
 The Letter Copy Books.
 He then took up the contention made by the petitioner that certain letter book had been copied and substituted in lieu of the. original letter book for the pur- pose of palming the same off on Robin son as the original. He showed that both of these books were in existence and were then in court having been called for by opposing counsel. He showed that the copy of this letter book was made in January or February, 1901, in view of cer- tain litigation which was then pending in the courts of Illinois, and for the pur- pose of sending the same to the Schuler attorneys there for inspection and use
 He further showed that the allegations that the letter books of the company had been mutilated for the purpose of delay tion were false and in support of this. he called the courts attention to the tes- timony introduced partly on behalf of the petitioner and partly on behalf of the defendants. showing that most of the alleged mutilations consisted in taking from the letter books impression copies of certain letters therein, and before any examination of the Schulers at or before Rudulph as commissioner. back in May, 1901, for the purpose of making the same exhibits to those dispositions, and that many of these impression copies were then taken from the books upon that eX- animation in the presence of Robinson and his counsel, and were attached to those dispositions.
 Personal Letters Copied Wrong.
 Mir. Tillman further contended on this point that any other impression copies of letters that might have been taken from the books pertained to the personal correspondence of the Schulers which had