The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-18
OUTBREAKS TN TOBACCO CASE
Continued from First PGos.

/
ton OF consonant to make 1t skindicate.
Butler was invited in. He asked where
the money was. He was told that syndi-
Gates never furnished money; they got II
] out of others. And they succeeded in
| getting it out of Butler all right: He
was the basis Of their operations. He was
| to put on an apron and make cigarettes
| for them. They were TO make money for
themselves. paid % q share for the stock
myself. l wouldn't give 81 Tor bushel of
! 1t now.
200 per cent. profit by selling out for s25 ooo,-
| 600 the Henry Clay and Book factories,
which he bought for our company Your
Honor has said that the common stock of
this company was wind. So it was. have
seen ashes where big building once stood,
the result OF wind and a torch. The torch
was applied to this company from the in
side and the wind did the rest"
MIR. Cochran declared that Mr.. Tilford
was traitor and ought to be in prison.
Chancellor Pitney tried to stop reference
to Mr.. Tilford, but Mr.. Cochran went on
talking about him, alleging that although
he didn't appear in the papers of the case
by name he was really the man behind
the action.
Julien I. Davies for the applicants
opened his argument with a complaint
that his clients had been unable to get any
satisfactory knowledge of the condition
OF the Universal company. He declared
that the condition Of the company would
show that the Buffers had frightfully mis-
managed its affairs He submitted mass
OF correspondence to show that he had made
every effort to see the books, but had been
unable to do 50. Judge Collins interrupted
to say that the refusal to show the books
to the stockholders alone constituted
grounds for the appointment of a receiver.
The truth of the matter is" said Mr..
iaG hnt liaf, DIT
been able to get along with anybody. In
compatibility of temper has developed
the moment he has assoc lated himself
with other men. His own statement that
he was forced from the trust by Mr.. Duke
because no could not grt along with him
shows the trouble tlat is here to-day.
II you will read the affidavit that he ks.G
made here you vii! ste that at the very
outset OF this case he started in to deceive
the court.
Mr.. Cochran we find here III l. lrlc
capacity. He is here as Il client, tghin he
Is here as counsel, and his ,sirt; position,
the most seductive OF all, is cnIc&s curtI
Now, the serious charge maze here by
this. gentlenar, who is here n tlree ca
pacities, IS Lat the Universal company
was betrayed in this Clay -Rock purchase
The Universal company, We claim Wa,,
never party to the Clay-B Book syndicate.
There is nothing before this court 10 show
The breaking of Of relations with the Uni
vetsal company on the part OF Messrs
llltord ana Gown was perfectly fair and
WAS due to the fact that these ge,.tleuen
saw IN Mr.. Butler a man whom it YVES i'm
possible to get along with.
No man could ever get along with che
But lcrs, who did not regard a negotatior
as a binding agreement These men have
repeatedly shown their entire unfitnefs
for anything in the tobacco business but
to sit at table with white aprons on and
make cigarettes. TIE Clay-Bock deal
was personal fight for personal profits.
and the Universal company does not figure
in it at all
Mr.. Davies went on TO say that what his
clients wanted was chance TO look into The
peculiar loans made by the Buffers to tie
company, and TO get some notion of the
stock situation
"You want to look into the wind and
water, said The Vice Chancellor.
"Exactly," said Nj. Davies. while the
counsel for the defence looked at one an
other.
IF the arguments Of Mr.. Cochran and
MIR. Peckham mean anything" continued
Mr.. Davies, they mean that because Til
ford and Gown cheated the Buffers per-
sonally out OF share of the profits of the
Clay-Book transaction, they are justified
in wrecking the Universal company and
ruiuing all of the stockholders. We have
shown dissension among the stockholders.
and we think that ground for the appoint
ment of receiver"
Give ME some authorit les said the
eChancellor, Pm headstrong and not
inclined to follow authorities as a rule,
pieferrinR TO follow my own notions But
ike TO hear the authorities Just the same.
Mr.. Davies said that he would give au-
thorities later, and then he referred TO what
MIR. Cochran said in the morning about the
tnnE Of hxS VTrty lag.
anything.
what Mr.. Cochran said went in one
ear and out OF the other" said the Vice
Chancellor. at was all very well for argu-
ment. of course"
These Buffers" continued Mr.. Davies
have had their hand on The throat Of this
company, ready 10 throttle it. for a long
time. Men do not pull the fruit until ii is
ripe. They were not ready to wreck his
company until they had this LOCO 600
mortgage secretly made.
They We're not ready to wreck it until
they got secret lien on the assets. They
were preparing for the wreck when we
caught them Who is TO say thet if the
restraining hand of receiver is not applied
at once they will not go on with their plan?
And all the time the Commonwealth
is being built up alongside of
the Universal company. When il gets
the trade marks and brands it is to go on
wealth TO go on" u
MIR. G. ockran--The Buffers have put their
money into the Universal,
Mr. Davies And succeeded thus in putting
the company heavily in debt to them.
Mr.; ,Piiney Heavily enough to wipe out all
that the Universal company owns, Ell?
Mr.. Extraordinarily And furthermore.
the charge ia made that We are conducting
this application in the interests Of the Ameri- |
want to say that we know that in the winter
Of 1902 the Buffers themselves secretly nego-
tiated to sell out the Universal company to
the Trust,
Mr.. Cochran jumping to his feet and
waving his arms frantically l-That's not So
That's false
MIR. Davies said that the Buffers were
good cigarette makers, but dismal failures
as managers, His clients, he said, want ed
to rehabllitate the business. The Buffers, |
he said, forced Gown and Tilford from
the company because Bourke Cochran /
was constantly DINING in their ears de-
mand that they get rid Of these men.
1T was Cochran that made all the mischief
here. There sits the mischief maker" said |
Mr. Davies.
Mr. Tilsord fled as all thieves DO" said
Mr.. Cochran. "We got rid Of riford and |
GOWN because honesty and dishonesty can
not combine
Il am inclined to agree with Mr. Davies"
INTERCEPTED Vice-Chancellor Pitney, that |
the Buffers were all right as cigarette maxi |
ers but got out OF their element when they |
petition with such sharp fellows as Mr. |
Hollins, Why don't you all settle this |
thing among yourselves and not bother the |
rita with N furfharoH