New-York tribune., 1902-03-17

a order" replied Mr.. Nixon. Il placed the case
in his hands. and he has taken his own course
The proceedings were originally brought in
New-Jersay, and l then asked Ex-Governor
Voorhees, to look into them When they were
brought to Nev-Yorx engaged Mr.. PIatzek 10
guard my interests. DIT. VOlney's affidavit is
collection of faIsehOods. and 1 dislike dignity
it by discussion A in my position. how
ever is a target for such suits, and suppose 1
must defend myself
Myer ]. Stein, when seen by a Tribune
porter last night. intmated that he would try
to show the peculiar relations which exist be-
tween Lewis Nixon and Richard Croker and
which prompted the late leader Of Tammany
Hall to name Mr. Nixon as his successor. II he
is able 10 get Mr.. Nixon on the stand he will at
tempt TO disclose certain alleged stock trans
actions which form the bond of friendship be-
tween the two.
Mr.. Nixon says; Mr.. Stein is secretary OF
the Sheehan Democracy. and this may have
something to do with the bringing of this suit.
Dr. voIney is a we'll known chemist. He is a
member of the American Chemists Society. the
Society OF Chemical Industry, the Chemists
Club. and of several German scientific societies
For ten years he has been experimenting with
smokeless powder. and in his affidavit says that
il after he had obtained government recos-
milton and was in a fair way 10 obtain large
and valuable contracts from the United States
Government that he met Mr.. Nixon. who under
took to raise the necessary capital Tor the en-
largement of his plants. the purchase or ma
chinery and the erection Of factories on large
scale DR. Volney's suit against Mr.. Nixon IN
cIudes three causes of action, namely, to recover
money alleged to be due under the terms OF an
agreement: to recover possession of stock which
he says belongs to him. but which he defend
ant unlawfuIy retains possession Of and for a
division of the profits which have accrued upon
the stock since MI Nixon got possession of IL.
In 1897 the plaintiff says. Mr.. Nixon ap-
preached him and told him that through certain
influential friends ne could not only obtain for
him the necessary capital to enable him TO pro-
duce smOkeless powder IN large quantities, but
through certain government Otticers he could
get contracts for powder and other explosives
from the federal government ON May 4, 1875,
the papers say. Nixon and NOlney entered into
written agreement, to the effect that Nixon WaS
TO supply the money for the erection Of a plant;
that a new company to be formed with
capital Of 81 100000. and in consideration OF
DR. VOlney transferring his interests and pat
ents to the new company he would receive ten
shares of stock for every share he owned IN the
Volney SmOkeless Powder Company, New
Jersey corporation, capitalized at SIuv,UuU' OF
which DR.. NOlney possessed III per cent CT the
stock. The stock of the new company thus OBJ
tanned was TO be divided. share and share alike,
between NOlney and Nixon In lS4S, when war
had been declared with Spain, VOlney alleges
that q government order for two hundred thou
sand hounds of powder was obtained The
International SnOkeIess Powder and Dynamite
Company was organized in the following year
under the laws of the State Of New-Jersey, with
a capital which DR.. NOlney understood 10 be
81 600 900 The plaintiff declares that OF the
S,s.yO 600 of stock TO be divided between him and
Nixon he received 100000 and Mr.. Nixon
tained $50 600 of which $50 1000 was 10 be paid
TO the lieutenant and newspaper men. He now
declares that he is entitled one-half OF all the
stock and cash which Mr. Nixon received, and
asks the court to compel the defendant under
oath TO testify how much stock and money he
actually got, and the dates and amounts OF
stock issued TO him directly indirectly. as
we'll as any money received by him from other
sources on the sale transfer of any OF the
stock issued to him by the company.