The age-herald., 1902-02-03

company showing disbursements to the sum of s2OO0OO0 would not be available, and that he would not be allowed to ex- anime them.
 In support of this contention. Mir. Weakley showed to the court that the record on the appeal bond was never filed in the Supreme Court and when the call of cases for the sixth division came on to be heard the appellants dismissed the ap- peal. which was in the latter part of No vember. 1901. which left the judgment of the lower court in a condition to be en- forced.
 Attorney Examines Books.
 shortly thereafter. about December l. 1901. the writs of mandsmus issued out of this court and was served by the sheriff Shortly after the service. MT. Robinson Birmingham counsel. acting under the power of attorney. called at the office Of the Alabama company and began the eN- animation. looking al the stock certificate books and the record of the directors and stockholders meetings On January s, 1S2' AIr. Robinson came to Birmingham and continued the examination which he be- n. q examining a number of letter books. letter files and other papers. This con tinued from day to day until January lS' 1901 when he appeared at the office with his counsel and demanded to see three construction books, consisting of cash hook. ledger and journal. which showed the operations of the company during the period of construction and for some time after a part Of the mill was put in operation.
 At the same time he demanded to see the cash book and ledger which were kept prior to August and September. 1901. He was then informed by Mir. Edward Schuler that the books were not in the possession of the company. and upon be- ing pressed further he stated that they were not obtainable. and upon being pressed further as to why they were not obtainable. he stated that they had been destroyed-that they had deemed it to the best interests of the company to de- stroy them
 Mir. Weakley stated further that there were some other causes of complaint as to MT. Robinson's treatment by the de- fendants during his examination, which complaints are referred to in his petl- ton in this contempt proceeding, which while not so serious as the destruction or the books. if in point of fact they have been destroyed. show nevertheless bit ter spirit of hospitality to Mir Robinson, and a fixed purpose on the part Of de- fendants not to yield to him his rights as a stockholder. and which showed fur ther a lame. halty and evasive obedience to the order of the court, and In some instances. a positive disobedience to said order. Of this character was first the palming off on him spurious copy of the original letter book six. which it was con tended. did not contain all the letters contained in the original.
 Second. The erasure at the instance of George II. Schuler by the bookkeeper Leach about the 9th of January after Robinson had begun his examination, of all the pencil footings on the current ledger which would have facilitated him in making the whole examination and the crasure by George II. Schuler as admitted by him of the ink. totals op twenty-five pages of the sales book for the purpose of annoying and worrying Robinson.
 Third The refusal of E. T. Schuler to so with him to the vault and show him the papers and valuables of the company
 Refused to Show Checks.
 Fourth. The refusal of Schuler and Thompson on January 9 to show MT Robinson the stubs of the check books and Thompson statement that he could not show them without consultation with Mir. Schuler and after telephoning one of the Schulers, Thompson disappeared, and was not seen at the office that afternoon during office hours. It further appearing from the testimony of Frank Thompson that he took bundle of check books to Birmingham and met E. T. Schuler at the postoffice and prominaded the streets there until when they returned to En- sley. it was after o'clock and Mir Robin- son had left the office. Thompson claim cd that Schuler wanted the check books brought to Birmingham in order that he might draw some checks but the testimo- ny shows that noen were drawn there or ln Ensley.
 " SOhUSCl ASSiSIdnCG.
 Fifth. On two occasions MT Robinson asked to see the minutes of the directors meeting of January 21. 1902. and was put of with the statement that they had not been written up. He then asked to see the rough notes. but was informed each time that MT. F. H. Schuler was using them. although Mr. Thompson has testi- 6ed that he was not using them on eith- CT occasion.
 Sixth. That on January ? the defend ants had refused to allow Mir Robinson to have the assistance of his counsel in making the examination of the books and papers Mir. Weakley insisted that this refdsel was wilful and deliberate. as on January IS Mir. k. T. Schuler. after tee- phonic communication with his counsel had allowed Mir Robinson this right and refused it on the Fist. Mir. Weakley cited authorities showing that a stock holder is entitled to the assistance of his counsel, and if necessary an expert ac- countant
 In arguing that aspect of the case in re- Iating to the burnt books. Mir WeakIey contended that the Sehulers had a fixed and settled purpose to withhold from Mir Robinson any information contained therein, and that the only proper infer ,f .k,;-