The age-herald., 1902-02-06

judge of the Criminal Court, on December 12 1901, on a charge of embezzlement. which charge before the commencement of this action has been iudicially investi- gated and said prosecution ended and plaintiff discharged"
 Dodd was recently tried before Justice of the Peace Benners on charge of em- bezzling about $12OOO, the charge growing out of the matters of the Continental Se- curity Redemption Company. He was dis charged at this examination and the par ties now sued are the attorneys who ap- peared in said trial and others thought to be behind the arrest.
 e->->-<&-~->-~>-%~ were destroyed, after the writ of manda- mus was served on them in December, 1901, and while they were claiming to be yielding obedience to it. The court then recites the erasure of the pencil footings in the general ledger and the erasure by George H. Schuler himself of the ink to- tals in the cash book as acts done to hinder and delay MT Robinson in his examination.
 Done for Annoyance.
 The erasure of the pencil footlngs was not done in the ordinary course of book keeping but according to the testimony of the respondents it was done to de- prive Robinson of such assistance as they might be to him in his examination the only excuse offered by respondents being that they wanted him to make his own additions" It dscloses the mental attitude of respondents in respect to the obedience of the order of the court and it was contempt
 The court then refers to the refusal oc the respondents to allow Robinson and his attorney to inspect jointly the secu- rites of the company, claiming that the order only allowed an inspection by Robinson "or'' his attorney, although they had been advised to the contrary by their counsel.
 On January 21, 1902 a stockholders meeting was held at Ensley and immedi- ately thereafter a directors meeting, at tended by E. T. Schuler, G. H. Schuler and R. D. Carver Two attempts were made by Robinson to see the minutes of that meeting, but he was put off each time with the excuse that the minutes had not been written up although the notes of the meeting taken by the secre- tary cover only about two-thirds of sheet of letter paper. These acts are re- ferred to as showing the motives of the defendants.
 Have Violated Order.
 The court holds, however, that the gravamen of respondents offense is the burning of the cash book and general ledger which covered the period of opera tions from June, 1900, to August and September, 1901. Nowhere else could stcckholder acquire the knowledge which they contained, and the magnitude of the operati ons shown by them may be in- ferred from the fact that the plant Is turning out a daily product valued at $5000. Notwithstanding the great value of these books, the respondents would not be punished if their destruction was the result of inadvertance or oversight. The court then says that, notwithstanding the order given to destroy these books in De- cember 1900, they continued to be used by respondents in their daily business up to August and September, 1901 They were in use on June 26 when the writ of mandamus was served, and were used for six months after respondents said they got mixed.
 In view of these facts the court is convinced beyond reasonable doubt that the respondents have violated it's order. sand are therefore guilty of a contempt-wilIfuI, aggravated, and should suffer the penalties therefrom.
 As the maximum fine for contempt of court Is only $50, the court says that in case like this that would be no punish ment whatever that in many cases tho orders of courts would be defied and set aside if the respondents thought they would be fined but $5O The court there fore nfiicts the full penalty of a $50 fine and Imprisonment for five days.