The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-25
QUIzzING MORSE ABOUT ICE.
PLAINTIFFS LAWYER SAYS HE
FORGETS roo MUCH.
Has Burned His Check Books and Kept
No Other Books About the Ice Gem
bine-Plaintin Shouts "Damn Lie''
When Called an Ice Underwater.


bine-Piaintin Shouts "Damn Lie"
When Called an Ice Underwater
Charles w. Morse, ex-president OF the
American Ice Company, testified yester-
day before Referee +. H. Pomreroy at 81
Nassau street in suit brought against him
by John +. Mcdonald Of this city to recover
5000, 600 which Mcdonald lost, as he says, by
following Morse's advice in trading In Toe
stock. He alleges that Morse advised
him to buy and hold some 1900 shares OF
the stock just before 1t dropped from S77 for
preferred and $40 for common to very low
figures. The present prices are about
$50 and g. The plaintiff charges Morse
also with fraud and deceit In manipulating
the stock and turning In TO the company
through dummies properties paid for at an
exorbitant price in stock
Mr.. Morse testified that he had received
1904 shares Of the preferred stock and
little less than 80 900 shares Of the common
for the property which he turned over to
the company The company. he admitted,
was formed for the purpose OF acquiring
properties, part OF which he owned. The
properties Of the following companies he
transferred to the American Ice Company
for stock: The independent Toe Company
OF Washington, the Great Falls Ice Company
Of the same city, the Paramount Ice Company
Of Philadelphia the H. T. Moulds COM
pany and the Crystal Ice Company Of New
York and a number Of independent dealers.
Nobody, except the late William II.
Gelshenen, was Interested with him In the
transfer Of these properties. The proper
ties, he admitted, were turned over to
clerk named Sprague. but In accordance
with the instruction Of his attorneys. Coun-
sci for the defendant objected to question
as to whether any stock in excess Of the
amount paid for the properties was issued
by the American Ice Company to Sprague,
but later Morse admitted that 600 shares
Of ice common had gone into Sprague's
hands.
Mr.. Morse was asked whether he knew
a man named Foster connected with the
Moulds company. He had known him
for two or three years, didn't reoollect
paying. him any money or ever hay
ing entered into any agreement with him:
Counsel for the plaintiff then handed
Mr.. Morse letter requesting him to identify
the signature. He identified the sigma
ture as his own and then read the letter.
In it ne agreed to subscribe for Foster to
the syndicate formed to take the stock of
the American Ice Company for rs, 900 shares
of preferred stock and $4,000 shares OF
common in the company ana TO take fos-
ter's note. the stock to be held as collateral.
be bought within three years at profit
Mr. Morse said he had failed to recall
this letter through lack Of memory. >.
Mr.. Untermycr, for MI. Morse. Said 1t
was absurd to suppose that Mr.. Morse
would remember having bought property
from Foster when the property consisted,
in fact, Of about two trucks and horse.
Yes" retorted counsel for the plaintiff,
this whole bubble was built on something
like two trucks and horse.
Morse said that he had guaranteed Foster
$4,000 because Foster was strong In the
independent trade and, besides, he wished
TO do well by him.
He had no way Of refreshing his memory
in detail in regard to the transactions con
at the organization OF the combine. II
was his practice, he said, to destroy all
his checks as well as the stubs every time
ne left town for any extended trip. That
never kept any other books In regard to the
transactions.
Mr.. Morse was asked by Lawyer Bowers
for the plaintiff what had become OF the books
Of the american Ice Company sn fop APRIL III,
1902, he said, had been brought to his house
by Mr.. Schoonm aker in the spring and were
taken by his (Morse's) butler The butler
put them down inthe basement somewhere"
and Morse hadn't paid any attention to
Il didn't care where they were kept"
said he.
About six months ago, he testified, Mr..
Schoonmaker's attorney wrote him letter
asking for the books, and the butler, acting
under orders, hunted them up and took
them to Morse's attorney.
Lawyer Bowers asked for an adjourn
ment to have certain questions passed on
w the court. He said that he couldn't
proceed with the examination when he was
hampered by the refusal OF the witness to
answer
He has, said Bowers. @lost every paper
OF consequence. He has lost his recollec-
ton. 1t Is the baldest case OF the kind 1
ever saw"
Mr.. Untermyer said that all the questions
had been answered; that what the coun sel
for the plaintiff WAS after was effects,
not facts" but would not succeed sin hold
ing up this defendant" He declared that
the plaintiff was himself interested In the
properties consolidated. as an underwater.
That's damn lie. shouted the plain
til from the next room, where he was
sitting, and Mr.. Untermyer thought that
Mr.. Bowers ought to discipline his client.
Mr.. Bowers thought that 1t was "too bad
Just before the adjournment of the hear
ing a representative Of the American Ice
Company appeared and said that the com-
pany would produce its books under pro-
test The next hearing will be held on