The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-16
BUT IT WENT FAR AFIELD
How the Plaintiffs Were Provided in
Similar Actions.
AGAINST THE GREAT NORTHERN RAILROAD
Most Of The Day Was Devoted to an Inquiry In
TO This Matter, and Some Of The Tes-
timony Makes Interesting
Reading.
(By the Associated Press.)


(By the Associated Press)
New York, Aug, 15.-The hearing be"
fore Special Examiner Richard A. Mabie.
in the suit of Peter Power against the
Northern Pacific Railroad directors to
prevent them from turning over the stock
of the company to the Northern Securi
Little attention was paid to the Power
suit, however, the most of the day being
devoted to inquiry into the means where
by plaintiffs were provided in the similar
actions against the Great Northern Rail-
road one of the constituent companies
| in the merger, which actions were based
on the holdings of Mrs. Ellsworth Ives
| Chapman and Milton F. Bouden.
When the hearing was resumed today,
| Herbert Limberger, counsel for H. Con-
| tent & Company, appeared with records
| of transactions between that firm and
| Camille Weidenfeld. Entries as to the
| purchase of 100 shares of Northern Pa
| cfic stock by Weidenfeld on December
26, 1901, and of payments of cash on ac-
count of Weidenfeld and Captain Stern
| were put in evidence The account of
/ Ellsworth l. Chapman was asked for, but
Limberger declined to produce it on the
| ground that it was not pertinent.
| Mr.. Weidenfeld was recalled as wit
ness. He desired to make some correc-
| tfons of his previous testimony
Il was asked" he said, "if l bought
stock for Ellsworth Chapman or Mrs.
Sophie Chapman. 1 find that I bought
through Content e Company 100 shares
of Great Northern stock. The price was
| 1S9h. She paid by check on January 10,
| $1S,994,10 Delivery was made to Mr..
| Chapman. l do not remember whose
check it was.
| ''In relation to the Bouden stock. In
| the conference with Judge Lancaster it
was understood that suit could only be
| brought by a stockholder. Governor
| Van SAINT said he would have nothing to
do with any strike He would not
touch the case unless it was understood
| that the action would be carried to the
| Supreme Court of the United States if
| necessary. 1t was after that that Mr.
Bouden qualified and he authorized the
suit
did not Judge Lancaster send YOU
word he would have nothing to do with
! the Great Northern suit if it was to be
a striker"
Il understand he sent some message" :"
said Mr.. Weidenfeld
Then why did you go to Mr.. Thomas
to procure a plaintiff instead of suing
yourself if you had any grievance or re-
dress?" queried Mr. Guthrie.
Il think Mr.. Thomas had the stock.
really cannot answer the question:" re-
piled Mr.. Weidenfeld.
Mr.. Weidenfeld said he never heard
Peter Powers name until after the suit
was filled, and he first learned of the
! suit through the newspapers
Milton F. Bouden, managing clerk for
Thomas & Thomas, brokers, was called
by Mr.. Guthrie He said that Mr..
| Thomas called him into his office one day
last January and said:
II have given you four hundred shares
of Great Northern Railroad Company
stock and a suit will be brought in your
name"
Continuing, in reply to questions by
Mr.. Guthrie. Mr.. Bouden said the value
of the stock was about $50, 900 and that
he still held it. He had not paid for it.
How much stock do you own now?"
asked Mr.. Guthrie.
| Two hundred shares" was the repIy.
when did you take possession of
them?"
Today said the witness.
| rs it not a fact that these shares
were given you today that you might
swear you owned the stock?" continued
Mr.. Guthrie.
Il took those shares from the safe be-
cause the subpoena served upon me
called for their production here"
DO you know what perjury is and the
penalty for perjury is?" pursued the
questioner.
Il do returned Mr.. Bouden.
| what became of the other two hun
dred shares?"
They were Sold
The money, he said was placed to his
| account
| Mr.. Bouden said he never saw the COM
| plant filed in the suit and never au-
/ thorized the action. He >ft all that to
! Mr. Thomas, who told him when he gave
{ the stock that the suit was to be brought.
| Mr.. Thomas told him that Mr.. Weiden-
| field was interested in the suit.
| Mr.. Bouden identified letter he wrote
to Mr.. Lamb on August 1st asking him
| to withdraw as his counsel in the suit
! pending in St Paul. He produced also
the lettor in reply withdrawing from the
case and enclosing bill for $2,5Oo for
! professional services, ETC., which he sent