Connecticut western news., 1905-12-28
ALlYNOALE QUARRY AFFAIRS
Mir. Philbrick Alleged ts be Con
 spiratOr Against Cass.
ALLYNs TO BE TRIED JAN. g.
Justice Imported for the Occasion. Progress of Other Suits.
 CaSs Files Answer.

Homer 0. Allyn and his son Joseph were arrested on the night of Dec. 20 by Deputy Sheriff Rhoades on warrant charging them with assault and battery alleged to have been committed in the afternoon of that day upon the person of Myron T. Cass at the Allyndale quarry at East Canaan. The Allyns were brought to the Warner House and kept until 10 a. m. the next morning when they were taken before Justice Miles Blodgett, who had been brought from Falls Village for the occasion, the Cass interests evidently fearing prejudice upon the part of any North Canaan justices, of whom there were four in town Thursday morning.
 Lawyer Nickerson appeared for the prosecution, and G. A. Marvin for the accused, who pleaded not guilty. By agreement of all parties concerned, Justice Blodgett adjourned the case un- til January 8, and put the defendants under $500 bonds each for their appear ance. George s. Fuller furnished bonds.
 The version of the alleged assault given by MT. Allyn-and we are more inclined to believe his story than any other-is that he (Allyn) had just ob- tained an injunction from Judge Joel H. Reed restraining William B. Class, Myron T. Cass and others under a penalty of SIC, 900 from quarrying or re- moving stone from Allyndale quarry or doing number of other things con- plained of, and that after this injunction was served on Wednesday, MT. Allyn and his son Joseph saw Myron T. Cass in the quarry and they went and inform ed him he was in contempt of court and remonstrated with him for being there. MT. Allyn says that Cass was angry and raised his hand, in which he held large rasp, to strike MT. Allyn, and Joseph Allyn, seeing his father threatened with this dangerous weapon, sprang upon Cass and in the scuffle tore some of Cass' clothing to quite an extent. Father and son then took Cass prisoner to the Allyn home and telephoned for Officer Rhoades, but at that time he was out of town, and after keeping Class 8 little while longer they let him go.
 Late in the evening friends of Oass got out a warrant for the arrest of the Allyns, and Officer Rhoades, who had arrived home, was sent to serve it.
 The suit of William B. Cass vs. Thomas Malcoml and others. in which Cass alleges Malcolm obtained from him lease of the Allyndale quarries through fraud, came to the surface again last week in the Hartford county Superior court. Bill 6 Futile, Cass lawyers, filed motion to have H. B. Philbrick of Hartford made co-defend- ant in the suit, it being set out that Cass has become possessed of evidence show ing that Philbrick is a co-conspirator with the other defendants in the suit. Judge Reed, on Friday, granted the motion and also allowed Cass to file an amended complaint.
 In the case of J. s. Walker of Am sterdam, N. Y, and others applying for a receiver for the New England White Marble & Granite company an answer has been filed by William B. Cass in- dividually and l.. A. Cass and M. T. Cass jointly. It will be remembered that the petition charged fraud and other misconduct on the part of the organizers of the company, who were alleged to be William B. Cass of New Britain and David Cass, Henry A. East man and M. T. Cass, all of Keene, N. H. William B. Cass denies that Walker and the other petitioners are owners of one-tenth of the capital stock of the cor poration. Class says that the properties and rights turned over to the corpora tion were at the time of the transfer of great value and if they have depreciated it is due to the bad management of H. B. Philbrick, president of the corpora tion, and the acts and omissions of the petitioners. That the petitioners had | full knowledge of what had been done l in regard to the stock at the time they came into possession of 1t. William T. Cass further says that his father, David Cass, and Eastman, his brother-in-l law, | have since shortly after the organization | of the corporation been hostile to him, l and have annoyed him with vexatious suits, and have been to a large extent under the control of the directors of the corporation, a majority of whom are the petitioners. Referring, to William C.. Hungerford as one of the petitioners, | Class says that Mir. Hungerford was in dividually and as 8 member of 8 law firm, the attorney, promoter and or l ganizer of the respondent corporation and the attorney of Cass so far as his interest in said corporation was concern | ed up to the time of the petition, and that MT. Hungerford passed on the title | and validity of the property mentioned, l hQ of 70 erty now described as worthless. Cass in his answer states that the proceed ings for a receiver are not brought ill good faith, and that the petitioners are | in collision with Philbrick and that as a result other counsel has been employ | ed to come into court and purport to 1 represent the corporation and ill behalf | of the corporation admit the truth of the allegations in the petition and to consent that the judgment asked for should be granted. Cass says that the proceedings are trying to be hurried ] through before the 26th of May, 1906, at | which time the voting trust, 8 term i'll which he refers to the petitioners, will by the terms thereof expire, and he be en- abled to retake possession of his own property and acting in harmony with
 the other respondents named, to assume control of the company and profitably
 manage the same.
 F. M. Williams, l.. J. Nickerson and
 J. H. Roraback, representing the Cass
 interests in the filing of the answers,
 gave notice that the answers were filed without waiver of any right they might
 have under the rulings made by Judge
 Reed.
 In regard to lease of the Barlow
 quarry in Canaan mentioned above,
 MT. Salmon Barlow has several times
 told representative of this newspaper
 that the New England White Marble
 and Granite Corporation never had a
 lease of his quarry, that no one ever had
 lease of his quarry ,and furthermore that
 he would not lease his quarry, but that
 he would sell it, and that the New Eng,
 land White Marble and Granite Go. at