The age-herald., 1902-02-02
Says They Were Destroyed Be- fore Court Gave Order
 to. Robinson
COMPANY HELD $25,OOO
 WITHOUT ENTRY ON BOOKS
Obtained From Sale of Stock and Finally Entered as Being Depos- ited, But Was Really In
 Company's Safe.

One of the most remarkable suits ever tried before the courts of Jefferson Coun-
 ty will be finished tomorrow morning, | when Mr s. D. Weakey will make the
 concluding argument for the petitioner
 in the case of Mir. c. E. Robinson vs. l Messrs. E. T. Schuler, G. H. Schuler and
 R. D. Carver. wherein MT. Robinson is
 seeking to have the defendants attached | for contempt of court Tn their alleged re- l fusal to obey an order of the court di-
 recting them to allow him to inspect the
 books of the Alabama Steel and Wire
 Company, of which the defendants are
 directors and majority stockholders. The introduction of testimony was con-
 cluded yesterday, and two arguments
 made, one by Mir. Weakley for the peti- l tioner and one by MT. Tillman for the 1 defendants.
 The main witness was MT. G. H. Schu- 1 Ter, the secretary of the company, who
 was on the stand most of the day. His
 testimony developed some interesting fea- lures of the business methods of the company
 .
 One thing testified 70 by 1Ir Schuler
 was that the Alabama Steel and Wire Company had sold to MT. Rich of Cleve-
 land. Ohio, 1904 shares of the stock of the
 Joliet Wire Company of Joliet, H.. and
 that the stock had been transferred and 1 sent to him without any entry being
 made on the books of the Alabama Steel nd ,,d xxyif1 ifcr hai nfr | paid for. The purchase price was $25, 100.
 Nothing to show this sale was kept by | the Alabama Steel and Wire Company ex- l cept a memorandum on MT. Schuler's
 desk It was not paid for in several days,
 and then MT. Schuler testified that Mir
 Rich came to Birmingham solely for the l purpose of paying for this stock, and
 brought the $251Oc with him in cash on | his person in the shape of large bills, some in denominations of $50 and others | larger. This cash was paid over to MT. | Schuler one night at his home on the South Highlands, and he kept 1t there during the night and the next day locked it up in the vault of the Alabama Steel and Wire Company. where it remained
 
 ing been deposited in bank, or any entry
 to MT. Schuler's knowledge having been
 made on the books of the company to
 show it's receipt. Mir. Rich having paid the money, returned home at once to Cleve- land.
 ENTERED AS DEPOSITED. This was not the last of the $25, ,000 bouauar for Mir Sahulor testified that it was returned to MT. Rich in Decem- Der, he giving the company his promis-
 sorry note for this amount, in the mean l while retaining the stock. While the | money was turned over to him in De- cember, the notes given in exchange for 1t, said MT. Schuler, were dated in April | and bore interest at per cent although
 the money had been in the possession of the Alabama Steel and Wire Company all this time. The reason stated by Mir Schuler as to why MT Rich signed the
 notes bearing interest at per cent was because they were not obliged to give him back his money at that time. It was further developed from the testi-
 mony of MT. Schuler that at one time two entries were made in the cash books
 of the company showing that part of this
 $25, 100 had been deposited with a bank
 at Norton, Kan, and part with a Union National bank the place at which said
 bank was located not being set forth. That as matter of fact, however, the
 money was never deposited in either bank but was locked up in their vault all the time, although their books showed it was
 on deposit in two banks. In cross-exam-
 ming MT. Schuler on this point MT.
 Weakley asked:
 Do you say that when you make en- tries on your books to show that you have 100 in two banks, when as a matter
 of fact there is no money there, that this lis not making false entries?" "I do.' replied the witness.
 Under cross examination Mr. Schuler
 admitted that he erased the ink totals from certain cash books while Mir. Robin son was making his examination of the
 books, and he said that he would not have done 1t If MT. Robinson had not been there. and that if he (Robinson) wanted to use the totals he could add up the book himself.
 BURNED THE BOOKS.
 He also testified to burning the con struction books, saying that the idea sud- denly occurred to him one night at tho