New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-16
HAWLEY GELS A STAY
INQUIRY BEYOND SCOPE.
Wants Examination Suspended Till
Trustee Is appointed.

Judge George c. Holt OF the United States Dis
trsct Court the fling OF papers by Davies. Stone
g. Auerbsch. counsel FOR Edwin Hawley and Frank
u Ray. IN the matter Of the petition Of STEPHEN
NJ Weld and others 20 have Daniel !. sully, sam
,Iel F. b. Morse Edward Hadley. st.. and Villain
r.. Pagan. composing the firm OF Daniel J. Sully &
Co. sdjudged involuntary hankrupts. yesterday
granted a restraining order which stays all FUR
ther proceedings in the case untl April Is when
the order 10 show cause Is made returnabie IN the
District Court.
In accordance With this order Special Examiner
Alexander adjourned the hearing set Tor yesterday
morning 70 April .. The petition presented to
Judge Holt alleges that Special Examiner AleKan-
ier erred in refusing 20 allow counsel for HaWley
and Ray examine Witnesses that The eNainltA-
Ton has gone beyond its proper scope. ano that
fhe examiner has permitted the Introduction OF
extraneous matter. and asks that the examination
OF the petitioner. be suspended until after the cleo
don or appointment OF a trustee Of the estate OF
the alleged bankrupts.
The petition on which the order was granted was
based OF an affidavit made by Garrard Glenn. con-
uected with Davies. Stone & Auerbach- Glenn $
aldavit described at length the proceedings before
Examiner Alexander. and asked that questions IL
dispute might be presented TO the court
Judge Holt in granting the stay ordered that the
receivers show cause on April Is
% Why the order referred to and entered here
IN March 3 should not be vacated ana me
subpoena issued hereunder and all proceedings hao
hereunder be set aside; OF II such relief lie not
granted.
under and pursuant 70 the provisions Of such order
and the subponas issued hereunder be suspended
trustee OF the estate OF the alleged bankrpts here
IN and the further order OF this court upon notice
co That II any examination be permitted. that the
special examiner ho directed 20 permit the "iesses
counsel TO n the proceedings and 20 cross
examine witnesses. and that the special examiner
be further instructed that counsel FOR any ana
al % the creditors ~ said ALLEGED hankrupts ana
for the alleged hsnhrJDts he not perIniiteo 20 s-
pear 20 cross-sKaTnine said witnesses and why the
petitioners should rot have such other ana tgrt ae1
RELIEF as may be just Sufhcient cause therefore,
appearing 10 exist L IS
Ordered. That the examination Of said witnesses
pursuant 70 the provisions OF said order OF March
the hereby suspended until the further
order of this court; Z IS fuT her --..-...
under the order o. March IS 1904 do within twenty
four hours after TIE eer,ce Of COPY Of this order
OF ell tho proceedings had before BIN in such
Ordered. That a service n a copy ~ this order
upon the attorneys Of the receivers. Messrs Booth
a BALDWIN. and upon the soecial examiner on or
before April Is. 1914. shah &c sufficient
Receivers Taft and Miller on April asked Judge
Holt for an order requiring the Guaranty Trust
Company % New-York. the T. ". Reynolds Com
pany and the alleged bankrupt firm Of Daniel J.
sully & Co. 10 deliver 10 them the warehouse re-
ceipts or certificates FOR the remaining S00s bales
Of cottonout OF the 1000 bales originally held by
the trust company as collateral for 5000 600 loan
20 Daniel J. Sully & Co.. and also the cash balance
OF s1220s 50: and for permission sell the cotton
~ public or private sale on the New-York Cotton
Exchange. as might seem best TO them, without
notice 30 the F. ". Reynolds Company.
This motion Judge Holt considered yesterday
AFTERNOON IN chambers he issued an order direct
warehouse receipts for the zoos bales OF cotton and
the s22s So cash balance 10 the receivers permit
ting the latter 10 dispose Of the cotton as they
think best after notice has been given to the F.
w. Reynolds Company and without prejudice 10 the
latter company assert any claim il may have
in the proceeds OF the sale Of the cotton