The evening world., 1902-08-08
COY. K|MBA[L'S
CASE A FAILURE.
Rhode Island Execu-
tive'S Prosecution Of
rPowerFalIs
to the Ground.

Promoter Andrew Power. of the Elk.
porters' Association Of America and the
New England Manufacturers Associa.
ton, was honorably discharged by
Magistrate Flammer to-day in the Cen
tire Street Court.
Power was charged by Gov. Kimball,
OF Rhode Island, and Lewis Curtis. OF
Bridgeport, Conn, with having unlaw-
fully converted $500, which they had
paid him for stock in the New England
Manufacturers Association, to the Elk
porters' Association of America. one OF
the Power enterprises at No. II Broad.
way.
George Gordon Battle represented the
promoter In court Gov. Kimball was In
court with his attorney, Leavitt Hunt.
Before the proceedings were begun
Magistrate Flammer said the cas- was
one for the civil courts and advised that
Mr.. Hunt prepare an affidavit reciting
the facts and submit It to the court.
After studying the AFFIDAVIT" said
the Magistrate. II will decide whether
or not to Issue a warrant for the ar
rest of Mr.. Power"
Gov. KimbaIl's Evidence.
Mr.. Hunt wanted an examination
right away and he was accommodated.
Gov. Kimball was put on the stand.
He said that Power approached him in
Providence end laid before HIM a scheme
to organize the New England Manufac~
turers' Association. lie liked the plan and
subscribed FOR $4,000 worth of the stock.
Power promised to make him president
of the company, which he said would
include the Governors Of all the New
England States. The Exporters Associ-
alton of America, the Governor said,
was represented 10 him as a rich con
Germ that would guarantee 10 per cent.
on the stock of the New England Manu-
three years
ITO whose order was the check drawn
with which you paid for the stock?'
asked the Magistrate.
ITO the order OF the Exporters As
ISOLATION OF America" was the reply.
Gov. Kimball said that on jun rs
last he called for an accounting from
Power. 1t was refused. hen an in
junction was obtained prohibiting the
Association from expanding
money.
When we served the Injunction" said
the Governor plalntlvely, a we could
find in the treasury was SOS"
Mr.. Hunt called one Mccormick. form
erly a o~ookkeeper In he employ OF
Power, to, the stand to testify
ion OF America. Mccormick said the
concern had assets amounting to l47, 900.
"on the showing of your own wit
ness" said the Magistrate to Mr., Hunt,
this concern Is in a prosperous con
ditlon. You should have gone to the
civil courts In the first place.
But Power will not show us the
books" complained Mr., Hunt.
lower Set Free.
Then get a court order compelling
him to show the books" responded the
Magistrate. "Or, II you want to go to
the bottom OF 1t get a court order clos
Ing out the company, ! discharge this
defendant and refuse the application for
a warrant. He should not have been
brought into this court"
After the court pro 'eedings Mr.. Battle
was authorized by his client to AXE the
following statement:
New England Manufacturers AssDcia-
ton is In bank, minus only the amount
expended for the legitimate conduct OF
the business. We shall not show Gov
K!mlall the books unless he gets a
order, for the reason that he has been
anything but courteous, and we do not
feel disposed to do any more for him
In the way OF showing favors han we
have to-"