Evening journal., 1905-03-29
AFFIDAVITS IN
HOFFECKER CASE
Chancellor Refused the Ap-
plication Of Counsel for De
fense to Postpone Case
RECORDS OFFERED IN EVIDENCE

There was a large attendance OF mem- |
bers of the New Castle bar present when |
the James II. Honecker, Jr. disbarmcnt |
case was resumed this morning in the
Court Of chancery. Mr.. Honeeker was
present m person with his attorneys, An
thony Higgins and Horace C. Eastburn.
An the attorneys for the rule issued by
the chancellor against Mr.. Honecker di-
recting him to show cause why he should
not be dlsbarred were present. They are
! William s. Hilles, J. Frank BAN and J.
Harvey whiteman
Immediately after court was opened
Mr. Hilies stated that he thought the
lrecords of the court should be put in
evidence as preliminary matter Mr..
Hles then offered number of records
in evidence an OF which Mr.. Higgins OBJ
iccted TO as being immaterial. After
short conference between 'he counsel and
Chancellor Nicholson, stonographer
Hardesty was sent for TO take record
OF an the proceedings.
After Mr.. Hardesty arrived Mr.. Hilles
again offered the following records as
evidence: The VIII OF the late Joseph
Teas; the appointment Of James II. Hof-
fecker Jr., as trustee OF the Teas es-
tate; the accounts filed by Mr.. Honecker
as trustee. an order appointing Alexander
b. Cooper. special MASTER Mr.. Coopers
report; decree confirming Mr.. Cooper 5
report.
Mr.. Higgins objected TO them being ad-
mitted on the ground that all these mat
ters are already property In this case and
second because they had not been filed at
the proper time. The chancellor reserved
his decision as TO their admttance.
Mr.. Hilles also spoke Of Mr.. Hoffeck-
er's admission 20 the Court of Chancery
and said it was not officially kept on the
courts document at the time he was ad-
mitted. Mr.. Higgins said their position
was that they would not admit anything
or deny anything. Mr.. Hilles said he
would probably get the clerk Of the
! Ch1ncery Court 10 file an afidavlt to the
effect that Mr.. Honecker pracuced be-
fore the court.
Mr.. Hilles also offered I'm evidence the
:, aaidavts OF Mr. Hofecker the master
! Charles &. Guyer a stenographer Gesrg,
2 W. Cox. deputy sheriff. and William G
! Alahaney. Clerk OF the United States
: Court. There was considerable aigumen
!. as 10 their admittance.
The afidavits were admitted.
MR.. HIGGINS PLEA.
Mr.. Higgins. IN short address san
that he had all the confidence possible ID
!, the integrity OF his client and believe,
= that Mr.. Honecker as far as any wronl
. doing is concerned in this case to be az
l., lao. Tft O..
I, lie said the evidence in this case is from
y 1852 a period oil % years, and that h
- would prove that Mr.. Honecker was en-
. tirely innocent of any wrong doing.
r Mr.. Higgins ia concluding his remarlS
u asked that the case be postponed in orde
= for him 10 prepare proper application
4, to have the rule Of the chancellor Sc
!, aside and 10 meet the documentary evi
,s dence filed by counsel, prosecuting tn
i rule He said all the prisons in the worll
! would not hold the lawyers IL they wer
i to be convicted of errors Of judgmen
and even some judges would not be i'm
"A muned. Mr.. Higgins added that embezzle
10 ment was not charged and said he pro
posed to prove his clients integrity
N given an opportunity.
= Mr.. Hlles, of counsel for the rule, q
= answering Mr.. Higgins arguments pro
duced authorities to show that the pro
ceedings were regular and therefore IN
- findings Of the master could not be Sc
~ aside.
Mr.. Higgins answered that his objec
was not 20 have set aside the report O
the master. but TO have the present pro
ceedings discontinued on the ground tina
n the finding of the masters report di
not warrant the present proceedings a
they did not show bad faith.
Mr.. Higgins contended that the prope
proceedings before trustee is by a bI
and that no bill was filed in this case.
REFUSED POSTPONEMENT.
/, After more argument Chancellor Mich
olson decided the case should go on an
the defense read some Of their affidavit.
the first ahdavit was that of Herber
H. Ward, who was counsel for the Cham
as berlains. owners Of the Kaolin farm. MI
TX Ward stated that he thought the Kaon
'e property was valuable because Of the ella
III deposits Il was thought existed there.
10 The affidavit of John W. Burgess,
~ mining expert was also read. Mr.. Burgess
i" Thought there was a valuable clay depos
- on the farm.
Affidavits OF John NJ. Walker. a mir
ling expert and william C. Ramsey,
~ member of the Philadelphia bar. wh
sought to seeure option on the propert
81 ftI.a 4