The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-16
LIMBERGER HAD T.
THE DOCUMENTS
Records Brought Into Court in
Peter Power Case.
SOME CORRECTIONS MADE
WITNESS SHARPLY QUESTIONED
by DEFENDANTS LAWYERS.

n hearing in the case of Peter
Power against the Northern Pa
,i6r directors was resumed today.
Herbert Limberger. counsel for II.
content 4 Co. appeared with records
of transactions between that firm and
camille Weidenfeld. Entries as to the
r-1rrhssc Of 100 shares of Northern Pa
,i6r stock by Weidenfeld on Dec. 26.
1901. and Of payments of cash on ac-
count o. Weidenfeld and Captain
stern we're put in evidence. The ac-
count Of Ellsworth I. Chapman was
asked for but Limberger declined to
produ-e 70 on the ground that it was
not pertinent.
Mr.. Guthrie pointed out that the
PAYER suit was only one Of severaI !
brought against the Northern Pacific
f9r the same purpose. Therefore he
thought hat the entries OF Cha pmans
account. being material to the suit
brought by Mrs. Chapman. was peril
nput TO m" Power suit. But Mr.. Linn
berger pleaded privilege.
Made Some Corrections.
Nr Weidenfeld was recalled as a
witness. He desired to make some
corrections on his previous testimony.
Il was asked" said he, "if ! bought
stock for Ellsworth Chapman or Mrs
sophie chapman. I ind that / bought,
through content & Co, 100 shares of
Great Northern stock The price
vas 1891. She paid by check on Jan.
T. SlS gg4i0. Delivery was made TO
Mr. Chapman. ! do not remember
whose check IL was.
IN relation TO the Bouden strike in
the conference with judge Lancaster
u was understood that suit could only
he brought by stakeholder. Governor
Van SAINT said he would have nothing
10 Do with any strike He would not
touch the case unless il was under
stood that the action would he carried
10 the supreme court of the United
states n necessary. It was after that
Mr Bouden qualified and he authorized
the suit"
Replying to questions by Mr.. Guth-
RE counsel for the Northern Pacific.
Mr.. Weidenfeid said that Mr. E. r.
Thomas, banker, was at first adverse
70 the present litigation. but that he
talked him into il. That was after
Mr.. Lambs visit to the west. The wit
ness had shortly before stated that he
and Mr. Thomas had jointly purchased
ho shares Of Great Northern stock.
Questions Pressed Home.
Did not Captain Stern or Mr.. Lamb
Gel YOU" Mr.. Guthrie went on. that
Judge Lancaster had declined to go
on with the case unless he was con-
WINGED that Peter Power was a bona
fde stockhoider?"
y don't remember" was the reply.
Did not Judge Lancaster send YOU
word he would have nothing TO do
With the Great Northern suit if il was
70 be strike'?'
4 understood he sent some mes
sage" said Mr.. Weidenfeld
Asked why he did not personally sue.
the witness said that Lamb had told
him he had q plaintiff Witness stock
was sent out 10 the western meeting.
Then why did you 90 to Mr.. Thorn
as TO procure a plaintiff instead of
suing yourself. if you had any griev-
ancc 70 redress p" queried Mr.. Guthrie.
y think Mr.. Thomas had the stock.
] really cannot answer the question"
said Mr. Weidenfeld.
Replying to Mr.. Lamb. he said he
did not authorize Captain Stern to
make payment to Lamb to defray
me expenses Of the trip west to con-
Tor with Judge Lancaster and the
western lawyers. To other questions.
NJ Weidenfeld said he never heard
suit Was filed. and he first learned of
the suit itself through the newspapers.
Given 400 Shares.
Milton F. Bouden. managing clerk
Tor Thomas & Thomas, brokers. was
called by Mr.. Guthrie. He said that
MT Thomas called him into his office
one day last January and said:
have given you 400 shares of
Great Northern railroad stock and a
suit will be brought in your name"
continuing. in reply TO question by
Mr. Guthrie. MIR. Bouden said the
value Of the stock was about $50. 900
ana that he still held il. He had not
lala TOT IT, He admitted that he was
1 consultation with counsel yester-
day. Mr. Thomas. Burke Cochran.
iarker q. Chandler. Tredwell Cleve-
ana and Mr.. Weidenfeld were pres
enL He declined to state what was
said there
How much stock do you own now?''
asked Mr. Guthrie.
Two hundred shares" was the re-
=. When did you take possession of
Today said the witness.
shares"
They We're sold. Mr.. weidenfeld
ought them The money. he said.
vas placed to his account. Mr.. Bou-
W.. vi admitted some correspondence
l'n Mr. Lamb on Northern Pacific sf-
i eLS he said he understood that Mr..
ann was his attorney. He had never
met Mr. Lamb.
Nr- Rouden said he never saw the
VT. npiaint filed in the suit and never
w. ''iuIlzed the action. He left all to
~. lnomas. who told him when he
$40 MIN the stock that the suit was
10 be brought.
n August, the witness continued.
"I' Thomas told him he had better
- out Of the litigation. He went TO
- Af. Huskley. one OF the lawyers.
''o NuiNiey told him to write to Mr..
--a'no' asking him to withdraw.
A Principle Involved.
-. =. r. Thomas, formerly of the bro
~ rag firm Of Thomas & Post. was
we next witness.
Nhat did Mr. Weidenfeld saw to
h., Hnout this suit?' he was asked
q! Mr.. Guthrie.
r.ylEhi against the constituent com
49, 70 the Northern Pacific merger
~ mat Governor Van SAINT and Gov
~, lancaster advised that some big
s.,0eFn Pacific holder should be
IT,. The plaintiffs as a guarantee
tbe me suit was for principle" was
e1estion.
o,.,rI vel, ] told Mr. Weidenfeld that
= - ga 500 shares Of the stock, and il
70 fttL.lcip.s was at stake I was willing
"sP him. l told him | did not de-
! ~ name mixed up in il and that
ss. ,l make over the stock to Bou-
itv ne suit was 70 decide the valid
-, =. Of the merger. was interested
a ufokFT in the ft,IaSffon Many