New-York tribune., 1902-09-06
DECLARES IT Is CONSPIRACY.
COUNSEL FOR Steel TRUST STAKES
BAR REPUTATION on CHARGE N
CONVERSION SUIT.

The rasrcer-- Court at Newark yesterday was
filled with lawyers at the hearing On the aPP1ca-
ton ov !. AspinwaH Hodge. William 4 SurusS
and Bernard Smith for an injunction RESTRAINING
the Cnited States Steel Corporation from convert
in. 500 0 900 OF per cent preferred stock INTO an
saual amount OF per cent bonds The couE.ss! eH-
gagged were r. L!nd2pUry, counsel OF record loC
the steel corporation associated with "llll4n =.
Guthrie Of New-York. and Charles - Coro--, u
Tersev Ct-v and Robert II McCarte-. NeW-Jar-
a, counsel for the coraplaina-rs. associated with
Edward z Whitney and Abrana / Elkus- ErarE
BERGEN and A3ar L. Strong also appeared 1or ne
defendants
Nr Llndabu-y opened With Z formal ApP''r@--o-
70 the court fer an order requiring tue Co----- a
ants 70 produce n court as witnesses al 9et7o-S
prhos4 aHlLavt-s have been presented 10 me IO---
for c-oss-exa ra.natton and asked rhe courl -o-
supplementary order for The taxing OF tsSl--iio'
OF deponerts who may reside OUT OF the state NJ
Linda bury read from the amended answer quota
riors 4ro-, the g1davtt Of Mr.. Perkins. Of j ?
Morgan & Co. that the conplainarts Fea4-y repre-
sent David Lamar He argued that Nj PERKINS
AFFIDAVIT and the other answering athcavlts showing
that NJ. Lamar was known under several aliases
prirnz facie evidence that the coHlPI1-ii6t.l9
had entered into . conspiracy TO make th7 ce-
PENDANTS Dav actltious price for the STOCK tAey
hold. Notice Of both these applications mad 0een
served on he conlpIai1a1ts. 11r. LndaOury supple
r7ented his application by motion Eor the DIS
r,issal Of t.e bill on the ground that the three
70 extort money rom the defendant
within three days" the counsel said M '1uc2-
RE M Corbln and myself have obtained aos' ute
Droot Of the cons piracy, and We are prepared 10
bring the evidence before the court say this
for myself and in behalf ot MY colleagues and ~e
say 70 the court that the statement IS made on our
reputation as members OF rhe bar
Tre attention Of the court was called 70 the am
davir % Joseph z. Corrigsn. which declares that
James II Lancasrer's affidavit regarding the value
vCa obtained by DaEiG
Lamar on the promise OF money payments 70 De
made when the steel corporation settled with the
cor4ulairarts and. quoting from the answering an
E4...ts show that the only Sto .k7e-d-F o+
record entitled to b. heard was M todEe
Mct4rter said rre structures OF Co-I4seI Ic-
I s1~+iry the good faith Of the cCu1pi2i0arts We're
1-V.er-.nt@9 and uucai-ad FOR. The time for max
NJ ne motion ~ dismiss had passed and i was
of lame. II Lancaster. filed august 2, IN whlcn
denial Is made Of the allegations uade N te Sorr
gan affidavit. Nj McCarter ended ny declaring
that as n Hodges status as stocknoIder N.S
admitted by defendants he offered MIN as a VII
II e admitted SAID Mr.. McCarter. that Mr..
/ hiring rhis suit Up on its merits W. now oUer 70
have NJ Hodge go the stand and give testl-
/ nlouy regarding his ownership Of stock -
The is practically 20 nave MI f1ottse S4Ne
,Aetirr7o1y which We shall be permitted 70 an
swer by contradictory witnesses. remarked MI
/ VI~re-Charcelror Emery said the applications and
motion by the defendants involved important qle=-
The issue IN this suit makes very peculiar stu
alton There re several points involved not II t1
Cr-g.- s,I9t II The Court OF Appeals shall decide
that the corporation has the rSrt 10 CONVEX rs rs
bonds then I of the opinion tAat 4 spScldl n
vrstigaton OF the bona hIe OF 5ne as 80 ~
entered into 1 shall withhold my decision uht!
. Tuesday,