The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-16
Four Hundred shares Were Given
Him by r.. R. Thomas i'm order tn
Make Him n Ftgurehead.
TESTIMONY OF BROKERS CLERK
AFTER CONSULTING WITH w.
BOURKE COCHRAN AND OTHERS.
Intimation ny Lawyer Guthrie that
Perjury Was Committed-Broker
ThOmas's Evidence.

NEW YORK. Aug. B.-The hearing be-
fore Special Examiner Richard A Mabie.
in the suit of Peter Power against the
Northern Pacific Railroad directors TO pre-
vent them from turning over the stock Of
the company to the Northern Securities
Company, continued to-day. Little at
tention was paid TO the Power suit. how
ever. the most of the day being devoted TO
inquiry into the means whereby plaintiffs
were provided in the similar actions against
the Great Northern Railroad, 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
began Herman Limberger, counsel for II.
Content & Co.. appeared with records OF
transactions between that firm and CamiIs
Weidenfeld. Entries as TO the purchase
100 shares of Northern Pacific stock by
Weidenfeld on Dec &c. 1901. and OF pay
ments of cash on account Of Weidenfeld
and Captain Stern were put I'm evidence.
The account of Ellsworth l. Chapman was
asked for, but Limberger declined TO pro-
duce il on the ground that IL was not
pertinent.
Mr. Weidenfeld was recalled as a wit
ness. Replying TO questions by Mr.. Guthrie.
enfield said that f. r. Thomas. a banker.
was at first averse 10 the present litigation,
but that he talked him into IL. That was
after MIR. Lambs visit 10 the West. He said
he had bought through Content & Co. 100
shares of Great Northern stock. The
shares Of Great Northern stock
did not captsin+ Stern OF Mr.. LsfnD
tell YOU" Mr. Guthrie went on, that Judge
Lancaster had declined TO go on with the
case unless he was convinced that Peter
Power was a bona fide stockholder?"
don't remember.
Didn't Judge Lancaster send you word
he would have nothing TO do with the Great
Northern suit II il was TO be a strike? -
Il understand he sent some message"
said Mr.. Weidenfeld.
To other questions Mr.. Weidenfeld said
he never heard Peter Powers's name until
after the suit was filed and he first learned
of the suit itself through the newspapers.
A CLERKS TESTIMONY.
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 jan
uary and said: L have given you 400 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 $4,000. and that he stin
held it. He had not yet paid for il. He
admitted that he was in consultation with
counsel yesterday. Mr.. Thomas. w. Bourke
Cochran. Parker c. Chandler Tredwell
Cleveland and Mr.. Weidenfeld were pres
ent. He declined to state what was said
there.
How much stock do you own now?'
asked Mr.. Guthrie.
Two hundred shares" was the reply
when did you take possession OF them Pc
To-day" said the witness.
''Is il not a fact that those shares were
owned the stock?' continued Mr.. Guthrie.
81 took those shares from the safe be-
cause the subpoena served upon me called
for their production here.
do you knew what perjury is. and the
penalty for perjury" pursued the ques-
Il do" returned Mr.. Bouden.
"What became Of the other 200 shares?"
They were sold. I noticed the stock was
going down, and told Mr.. Thomas I would
not be responsible for any loss. He said
he would arrange about that. and later told
me that ne had sold 200 shares. Mr.. Weld
enfield bought them
The money, he said. was placed 10 his
account Mr. Bouden admitted some cor
respondence with Mr. Lamb on Northern
Pacific affairs, and produced letter book.
He said he understood that Mr. Lamb was
his attorney He had never met Mr.. Lamb.
To other questions Mr.. Bouden said he
never saw the complaint filed in the suit
and never authorized the action. He left
all that TO Mr. Thomas. who told him when
he gave him the stock that the suit was TO
be brought. Mr.. Thomas told him that Mr..
Wedenfeld was interested In the suit.
WITHDREW FROM CASE.
Mr. Bouden identified a letter he wrote
to Mr. Lamb on Aug. l asking him TO
withdraw as his counsel in the suit pend
ing in St Paul. He produced also the let
ter in reply withdrawing from the case
and inclosing a bill for $500 for profess
sional services. etc. which he sent TO Mr..
weidenfeld. Mr.. Thomas promised him he
should be put TO no expense in the suit
and that weidenfeld would foot all the
In August. the witness. continued. Mr..
Thomas told him he had better set out
OF the litigation de went 10 see Mr..
Rulklev one Of the Western lawyers. and
Bulkley told him 20 write 10 Mr.. Lamb.
asking him 10 withdraw.
r r Thomas. formerly Of the broker firm
OF Thomas & Post, but now senior member
OF the firm Of +. r. * c. +. Thomas. was
..VSat did Mr.. weidenfeId say 10 YOU
about this suit?" he was asked by Mr..
lie told me suits were being brought
/ against the constituent companies 10 the
Northern Pacific merger and that Gov
ernor Van Zant and Judge Lancaster ad-
/ vised some big Northern holder should be
among the plaintiffs as a guarantee that
the suit was for plinciDle and not as a
/ strike" came the reply.
What did you say?' was the next ques-
"Wen. I told Mr. Weidenfeld that I owned
/ 400 shares Of the stock and II "a principle
/ was al stake / was willing 20 help him. 1
/ told him i did not desire my name mixed
I no in IL and that / would make over the
] stock To Bouden, in whom ! had fun con-
\ fdence The suit was 20 decide the validity
/ ~ the merger / was interested as a broker
! i'm that question. Many people seemed TO
doubt the validity OF the merger, and 1,
/ among others. wanted IL decided
\ 'Do YOU not consider IL an unusual trans
faction 10 make a clerk gift OF SO large q