The age-herald., 1902-02-03
Robinson in his right of inspection or for any other bad or evil motive.
 Discusses Incidental Charges.

Discusses Incidental Char9es.
 Mfr. Tillman then took up the incidental charges against the Schulers, involving the manner in which they received Rob inson and his attorney when they were out at the office of the company for the purpose of examining the books. saying that they had not unlawfiaiy lmpeded Robinson or his attorney or otherwise disobeyed the mandate of the court They showed that they gave instructions to an employe of the company to show MT. ROD inson and his attorney all the papers and records of the company that they might call for. except that on one occasion they declined to allow a joint investigation by Robinson and his attorney of certain se- curities that were In the possession Of their cashier claiming that the writ or mandamus only authorized the separate examination and not joint examination of the books records and papers Of the company by Robinson and his attorney, and he quoted from the writ for the pur- pose of supporting this contention.
 This writ, as he showed, was Tn the f alternative commanding the defendants to allow Robinson or his attorney or his agent to inspect the books, papers and records. He further discussed the tes- timony on this point for the purpose of showing that they had no objection to joint examination of anything in the office except the securities, and they pre- fered, in respect to these securities, that should be inspected by MT. Robinson alone, without the presence of his attor- ney, not for the purpose of concealing anything from him, but because these matters they desired to keep secret from the public at large as far as they could for reasons they considered advantage ous to the company, and in this connec- ton MT. Tillman showed that Robinson s own testimony disclosed the fact that after this refusal of a joint inspection ] by Robinson and his attorney, Robinson continued at the office, his attorney l leaving. and these identical securities were shown to him, and he examined them for more than an hour and until 1 he had gotten through with them.
 Charges Not in Good Faith.
 MT. Tillman took up in his discussion other charges made against the defend- ants and contended that they were not made in good faith as disclosed by the evidence. and contended that the evidence disclosed that Robinson was hoping that the Schulers would object to show him som ething CT would otherwise impede him in his examination that he might make complaint to the court and have a public trial of these matters. He called the courts attention to the fact that while the petition in its frame complain ed of this refusal of a joint inspection and two or three other trivial matters, it failed to state that Robinson had com menced the examination of the books on the 9th day of December, 1901. and that with the exception of two days, he had continued such examination unimpeded until the Fist day of January. 1901. he being out at the office every business day between those two dates except two, and that he was absent on those days for his own personal convenience and not because he was prevented by the defend ants.
 Mir. Tillman further showed to the court that Robinson admitted in his testimony that he was even allowed to investigate the books and papers of the company after he had filed his petition in the contempt proceedings. and even up to the very day that the trial be- gun.
 Certain Pencil Footings Eraced.
 In his argument, MT. Tillman admitted that under George R. Schuler's direction certain pencil footings had been erased from the ledger, but that these figures were mere temporary figures for the convenience of the bookkeeper and were merely footings of the items which were on the ledger and Robinson could easily supply them by mere additions and sub stractions, and that in doing this Schuler did it in an impulsive indignation at the manner in which Robinson had treated them. and not for any purpose of defeat ing the mandate of the court.
 He further admitted that the footings for few days in the sales books had been erased by one of the defendants and this was prompted by the same motive, and that the defendant who did this had no purpose of concealing any item on the book. but merely to put Robinson to the trouble of making his own additions He contended further in this connection that the relative between Robinson and the Schulers was very unfriendly and strained and had been so for years and that it was very disagreeabe to all of them to have business relations with each other, and that man should be pardoned when dealing with another when such relations existed. if in a mo- ment of indignation he should do that which he ought not to do, in view of the fact that it did not destroy the sources of any information which Rob- inson had.
 Bitter War Between Parties,
 He explained that a bitter war was or between Robinson and the Schulers and had been for months, and that this war was to the knife and the knife to the | hilt. that the red flag had hcen thrown to the breezes by both parties and that on it was inscribed, mo quarter" MT. Tillman also called the attention was pending in the courts of Illinois brought by Robinson. which was inimical to the Schuers and to the Alabama Steel and Wire Company. and that Rob