Omaha daily bee., 1902-08-16
coRREcTs FIRST TESTIMONY
Camille WeidenfeId Recalled as wit
ness n Merger suit snd Ex.s-
lined By Guthrie.

NEW YORK. Aug. 15.-When the hearing
In the case OF Peter Power against the
Northern Pacific directors was continued to-
day Herbert Limberger. counsel for H.. Con-
tent a Co, appeared with records OF trans
actions between that Arm and Camille Weld
enfield. Entries as to the purchase OF 10C
shares of Northern Pacific stock by Wefden-
field on December rs, 1901, and Of payments
Of cash on account Of weidenfeld and Cap
tain Stern were put In evidence. The ac-
count OF Ellsworth l. Chapman was asked
for, but Limberger declined to produce It,
on the ground that It was not pertinent.
Mr.. Guthrie pointed out that. the Power
suit was only one Of several brought against
the Northern Pacific for the same purpose.
Therefore. he thought that the entries Of
S-hspmsas account, being material e Az
suit brought by Mrs. Chapman, was peril
nent to the Power suit. But Mr.. Limberger
pleaded privilege.
Mr.. we.denfeld was recalled as a witness.
He desired to make some corrections Of his
previous testimony,
Il was asked" he said. III I bought stock
for Ellsworth Chapman or Mrs. Sophie
chapmanfl End that I bought through Con-
tent & Co. 100 shares Of the Northern Pa
cihc stock. The price was 1914. She paid
by check, on january l9s $1s,944.10. Deliv-
cry was made to- Mr.. Chapman. | do not re-
member whose check 1t was.
I'm relation to the Bouden stock. in the
conference with Judge Lancaster. it was
understood that suit could only be brought
by a stockholder. Governor vansAnt said
he would have nothing to do with any
strike, He would not touch the case UNI
less It was understood that the action would
be carried to the supreme court of the
United States II necessary. It was after
that that Mr.. Bowden qualified and he OPP
posed the suit
Replying to questions by Mr.. Guthrie,
counsel for the Northern Pacific. Mr.. Weld
enfield said that q. r. Thomas "a bankerl
was at first adverse to the present litiga-
tion. but that he talked him into It. Thai
was after Mr.. Lambs visit to the west. The
witness had shortly before stated that he
and Mr.. Thomas had Jointly purchased 40C
shares of Northern Pacific stock.
Ibid not Captain Stern or Mr.. Lamb tell
you" Mr.. Guthrie went one. that Judge
Lancaster had declined to 50 one with the
case unless he was convinced that Peter
Power was a bona nde stockholderg"
81 don't remember" was the reply.
did not Judge Lancaster send you word
he would have nothing to do with the Greai
Northern suit II II was to be q striker"
II understand he sent some message. =
said Mr.. Weidenfeld. {
Asked why he did not personally sue. the
witness said hat Lamb had told him he had
a plaintiff. Witnessed stock was sent oul
to the western meeting.
Then why did your go to Mfr. Thomas tc
procure a plaintiff instead Of suing your
self II you had any grievance to redressf'
Queried MT. Guthrie.
"I think Mr.. Thomas had the stock.
really cannot answer the question" replied
Mr.. Weidenfeid.
Replying TO Mr.. Lamb. he said he did NOT
authorize Captain Stern to make a payment
to Mr.. Lamb to defray the expenses Of the
trip west to confer with Mr.. Osborn and the
others. He said he had never heard Peter
Powers name until the suit was hrst hled
and ne learned Of the suit itself through th'
newspapers.