The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-18
OUTBREAKS IN TOBACCO CASE
HARSH CRITICISMS AND BACK
Talk or BENCH AND BAR.

-sIenacPs MIR. Peckham with Jail
cochran Says the Position OF Tilforti
and GOWN "Oniy Needs the Addition
Of a Consonant to Make IL n skinsii-
cate"-COckran Had stock Himself,
hut Can't Use It NOw--Hls Three Parts
in Court-"There sits the Mischief
Maker" Mr. Davies Tells Hlm-Hle Ire
forts: "Tiif0rd Fled. as All Thieves Do
The proceedings in the application of
Edwin A. VI cAlpin and other stockholders
in the Universal Tobacco Company for the
appointment of receiver for the COM
pany which have been going on for the past
Ten DAYS before Vice-Chancellor Pitney
in Newark came to an end In the Chancery
Court in Jersey City yesterday afternoon,
after nearly Ave hours OF argument by
counsel, during the course Of which there
we're numerous exhibitions of temper on
both sides
Bourke Cochran, of counsel for the COM
pany, referred to the principal client of his
opponents as fugitive thief and the agent
Of the Tobacco Trust, which he declared
was trying through the courts to ruin the
Universal company.
Julian T. Davies OF this city and former
Supreme Court Justice Gilbert Collins Of
New Jersey accused William III. and George
P Butler of the Universal company of be-
ing a pair Of wreckers who had conspired
10 defraud the stockholders OF the company
by running il and securing control Of its
trademarks and brands and turning them
over to the Commonwealth Tobacco Com
pany, which those men control.
For freedom OF speech, absence Of court esy
and all-around bitterness the proceedings
Of Yesterday were never surpassed in the
courts Of New Jersey, according to the
oldest of the practitioners who gathered
TO hear the arguments of the distinguished
lawyers from this city. The charges that
we're passed from one side to the other
we're enough to stagger men accustomed
10 the usual orderly proceedings OF the
higher courts.
Vice Chancellor Pitney, who is very
old man and noted for his peppery dis
position, constantly interfered with the
lawyers on both sides, and for as much as
fifteen minutes at a time he conducted the
arguments himself, counsel meanwhile
standing speeches. before him.
The wind-up OF the proceedings furnished
the most sensational situation Of day full
oYexciting moments. VICE Chancellor Pitney
announced that he would enjoin the Uni
versal company from carrying out its pro-
jected stock and bond issue until Sept. s.,
when he would announce his decision on
the application for a receiver.
He exacted a promise that meanwhile
le<. thka d.
mand notes held by them, representing
some $500 900 Of money loaned to the COM
pany. Then he declared that while he
could not legally force the Universal COM
pany to allow the disgruntled stockholders
to examine the books of the company
he believed that the stockholders should
have this privilege, and his decision in the
receivership proceedings, he said, would
depend very largely on whether the Buffers
granted it.
Wheeler Fl. Peckham, who is associated
with Mr.. Cochran and Attorney General
r. H. McCarter of New Jersey-who is
acting In his individual capacity-in the
defence OF the case, protested that the re-
marks Of the Vice-Chancellor sounded very
much like a threat, and he openly resented
them. Vice Chancellor Pitney here lost his
temper, and between terrific raps OF his
gavel he declared that he had placed win
ming cards in the hands Of the defence,
and that they didn't seem to know how to
use them.
Then Mr.. Peckham declared that he
withdrew his promise not to sue on the
Butler notes between now and Sept. 8. Vice
Chancellor Pitney jumped up and almost
screamed that for Mr.. Cochran and Mr..
McCarter to allow this didn't raise them
in his estimation; and at a protest from
Mr.. Peckham that this was reflection on
counsel the ce-Chancellor declared that
his words were being perverted. and added
that if Mr.. Peckham didn't sit down he
would commit him to Jail.
There was a good deal OF excitement
in court during this colloquy, while the
hundred or more New Jersey lawyers
Inc predicamert of the lights OF the New
York bar, who, despite their weeks ,ex -
perience with Mr.. Pitney, seemed at loss
10 understand the situation.
There had been more or less excitement
during all of the hearings on the applica-
ton Of Mr. McAlpin, most of the outbreaks
having been precipitated by side remarks
Of the Vice-Chancellor, who has missed
no opportunity to express his disgust at
the whole legal proceedings. NE had
repeatedly referred to the Universal COM
pany as wind and water concern, and
criticised one side as freely as the other
in openly expressed Impotence at the
Court Of Chanccry being. called upon to
straighten out the financial tangles OF over
capitalized corporations.
Most Of the bitterness in the case had
been over the charges made by Mr. Cochran
end Mr.. PeckAam, that the real men behind
the receivership application are Frank
n Tilford and h. j, Gown, and that they
are represented in the action by lot Of
dummies who are merely clerks in their
employ The counsellors sllege that Messrs:
Tilford and Gown bought for the Universal
Tobacco Company the Henry Clay and
Book tobacco factories in Cuba. the largest
In the world and then deliberately be-
'rayed the Universal company by selling
hsm 10 tho American Tobacco Company,
or the Tobacco Trust. for s25, 000,00O
The Butlers and Mr.. Cochran are suing
Tilford for share of the profits OF this deal
in New York State, and they claim that
The New Jersey receivership proceedings
are simply n retaliatory move, backed by
The American Tobacco Company, whose
only rival is the Universal company. Above
everything else. they say, the trust wants
10 get a look nj the Universal companys
hooks, and that il why they have persist
entity refused 10 produce the books on the
demand Of counsel for Mr.. McAlpin and the
other applicants Of record.
Yesterdays proceedings began with n
fierce attack by Mr.. Cochran upon Mr..
iilford, who, by the wny, has successfully