New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-12-08
WILL PRODUCE ANY BOOK
TOBACCO COMPANY SUIT.
UniUersaIs attorneys Deny Agree
ment TO Bring in all the Books.

The anal hearing by Vice Chancellor heeu %
the application by Edwin A. McAlpin anu -.
stockholders OF the Universal Tobacco eol''I--,.
for a receiver for the Universal Tooaceo C'il'l
began Yesterday. These stockholders declare &c
William H Butler. president OF the company, 80
cont-nl o. the board OF directors by suo'e.l Ge
disposed 81 the treasury stock at price Lar -,
the market value TO his brother. George T. hu''e
,,s -ten manipulated the output OF the coniP3N'
=, cor ~ the output OF the American loOao''
e.r-rnanv with a view TO having the oo''0ei
,,---,es over 10 the American Tobacco C"iipa-i'
IT, former drew the independent dealers ~ nm
a. organized the retailers 10 hght 'ne t-I'eN
car stores Company. an auxiliary OF 'he am
,,sr Tobacco Company. Il is also charged 'ls''
Butler attempted 10 falsify the minutes VI INC
generation 10 make valid the sale OF 20 shafes OF
The preferred stock 10 his brother al q - SNARE
M Collins in opening. said he understood that
the defendants were willing 10 produce ihe DOCKS
~ the corporation. NJ. Davies said an arrange
-. - - ,-a5e that some OF the books should
- a. ,,,,-, yesterday Mr.. Peckham denied any
.urb arrangement but said the defendants would
r-oauce IN court any book the Nice-Chancellor
sbo,,rd order them 70 submit DE ADDED mat the
object 4 the compliments was 70 get me com
-,,r,-s hook. into court so that they could make
-, ,-,-.s.i-s+ion Of them. II was decided 10 pro-
- u-i.t the hearing pending decision by the
court of Errors and Appeals on this point
r--s51-i-k " Galbraith. jr- who was secretary
,.7 ,-essilrer OF the Universal Tobacco Company
rom April 1902 April %. 1903 testified that he
,si5 NOT own any stock when ne made d.
-acror and that he never bought paid for any
sock bur William Il Butler gut shares in his
name The stock was III bis hands about minute
..just long enough added the witness for 10
sign The Endorsement on the book
The witness said the trouble between Henry R
Wilson. Frank Tilford and William H Butler arose
from accusation by Butler that Wilson and Til
ford were traitors 10 the company while acting as
made tI6 threat 10 wreck the company. The wit
ness gave q description Of a sale of one hundred
shares Of the company's preferred stock TO Cyrus
~. Lawrence a. Co for 3 q share The price OBJ
tanned AZ the previous sale ST a share Asked
about the differences between himself and President
T0r 10 vote for the sale OF preferred stock at the
rate OF s. "a share.
Mr. Osborne. on behalf Of the defence. read the
minutes OF the next board meeting. showing that
George B. Butler sent letter the directors say
tIg that. u OF the board had objected 10 the
been delivered. he would relinqUish all claim
j.. 4 resolution then unanimously adopted that
the sale be rescinded The witness said that he was
handed typeWTitten minutes Of a previous meeting
ty the board, which included q resolution which
v1ruorrcG 10 have been introduced that meeting
share The witness added that no such resolution
was introduced represented, and when in the
proceeding meeting the resolution came I'D for ac-
ton he refused vote FOR it, The OF 1886 coo
al The stock the witness said. offered at s. a
share. President Butler. the witness testified spent
NAVY h advertising brands Of tobacco manufactured
~ the Commonwealth Tobacco Company, q subsid-
Tae case went over 70 Wednesday.