New-York tribune., 1903-08-20
TOBACCO DEAL PROFITS.
Conspiracy Alleged in Court against
Syndicate.

Julien T Davies and Delaney Nicol appeared
before Justice Davis in the Supreme Court yester-
day and asked that order granted by Justice
Dugro on the application Of William H. Butler.
one of the defendants in an action brought by
Camille Weidenfeld against him, the member Of
the firm of H B. Hollins & Co. and Frank Tilford.
George Sheldon and other members Of the syndicate
organized for the purpose OF purchasing the stock
of the Henry Clay and Book Company. for the
animation of his Co-defendants. Bernard j. Burke.
Frederick Edey, Rafael r. Gown and George r
Sheldon. before the trial of the suit be vacated
and set aside Mr.. Rounds. of Carter. Hughes.
Rounds & Sherman. attorneys for William Fl. But
Ier opposed the vacation of the order and Justice
Davies took the matter under advisement-
The syndicate after having purchased the stock
of the Clay and Book Company. transferred it 10
the Havana Commercial Company which in its
turn formed the Havana Tobacco Company which
took over the stock of the Commercial Company.
The plaintiff demands accounting. declaring
that profit of $4,000 made by the transfer
to the Havana Commercial Company. and that
large profits were made by H. B. Hollins & Co.
Mr.. Tilford and others. for which they have not
accounted. Other defendants named are J. Pierpont
Morgan. w. Bourke Cochran. George P. Butler.
Henry A. Wilson. James Jourdan. Richard Lin
burger. Joseph E. Heimerdinger and Oakleigh
Thorne
Mr.. Davies said profit of 100000 was made by
the syndicate managers, and they were ready TO
account for this sum, and had actually asked to
be allowed TO make their accounting. Your honor
this suit there will be nothing to try All the
judge do is to grant ansinterlocutOry judgment
and appoint referee to take the accounting"
Mr.. Rounds in opposing the vacation OF the
order for the examination of the defendants said
William H. Butler actually a claimant. al
though made party defendant to the suit for the
accounting which Mr.. Weindenfeld sought. He
has put in answer Mr.. Rounds said. 'in which
he ignores the demand for relief made by the
plaintiff. The plaintiff sued for the accounting
against the syndicate managers alone for the profits
they had made. He set up in his answer that the
stock Of the Clay-Bock Company was purchased
by syndicate composed of HOlnS & Co and
various other parties to be disposed Of for their
PENDANTS. Tilford and Gown were appointed TO
dispose of the stock. which bought for S1,590,
Coo, of which Butler underworld S2J00O0. The sale
of the Havana Commercial Company. Butler al
legged. brought about by a conspiracy be-
tween Tlford HOllins & Co, and Of the
other defendants, and Immediately after the sale
a reorganization, consolidation effected
ganzed. large portion of the stock of which
given to Hollins & Co in exchange for their stock
in the Havana Commercial Company
We say Mr. Rounds added. that these de-
PENDANTS made profit far exceeding the 100000
paid for the stock of the Clay-Bock Company, and
entitled to call on Hollins & Co. and the
other members of the syndicate. for an accounting
tend that the profits made in this Havana Com
merciai Company were not made by the syndicate
managers. We charge conspiracy. We that
TilfOrd and HOinS & Co. and others entered into
a conspiracy to this sale, and want to know
ell about the transaction"