Waterbury evening Democrat., 1906-03-27
APoTHECARIEs' HALL CASE.
Hearing Gone Over Until Perriello
 Trial is Finished.


 In the Apothecaries' Hall Co before the public got the slightest intima- ton that the concern was seething with contention. It was a family dispute and everything possible was done to keep 1t from the public. One arrangement was all but completen by which A. K. Rice was to put Up a bond that he would not interfere with I. P. Kellogg if the mntter could only be kept within the con- tending parties, but 1t failed at the last moment and the injunction was the next step.
 A. E. Rice, telling his version of the matter yesterday, in the appiica. ton for temporary injunction for the company before Judge shumwas in the superior court, testified that he spoke to Mrs Mary B. R Munson and her sister, Mrs s. P. Williams, before he went to Attorney Bronson to have him draw up petition for his appointment as trustee for the 409 shares. It was his idea then 70 have an active board of directors, for were he appointed trustee ne could control the concern. He in- tnded carrying out this idea at the meeting held February when ne was frustrated by the injunction.
 That was his first exprience with law and he did not know what 10 make of the injunction. He suggest ed that it would be better to adjourn to a room upstairs in the company building if there was going to be any discussion and the idea met with favor.
 AS to Mir Kellogg buying the llr North stock, so called, MT Rice said he knew nothing about it until MT Kellogg informed him he had bought it. Mir Kellogg then figured. out to Mir Rice that with the North SHOCK and with the eventual division of the 409 shares he would have control oi the whole business, for his wi!e's mother, Mrs Munson, would receive one-third of that block, Mrs Will Hams one-third, and himself. as his fathers devisee, one-third.
 Levi Wilcox testified yesterday that he did not care to take sides Tn the dispute and the following noti- fication to MT Rice will show how careful he was:
 Notice of Meeting.
 "Mr A. E. Rice:-
 Dear Sir:-This Is to notify you there will be meeting, etc. 1 send you this notice not implying that you are or that you are not stock holder"
 MT Rice said he tried to know all about the condition of the company since he became interested in 1t, hut he could find out nothing. Mir Kei- logg refused to give him state ment of the business. He thought he ought to know every month how the concern stood, but all that Mr Kellogg would tell him about was the income from the building and the cost of running the, elevator.
 Replying to Attorney Burpees questions, MT Rice said Mrs Sarah Houghton Rice, his fathers seconi wife and owner of the 409 shares. is about S3. She is not in had health, he said, though she has to have a physician every day. But as to the doctors visits, MT Rice did not know whether the doctor called once a day or once week. Mrs Rice has been in doctors care for ffteen years, but her mother was also and she lived to be 94. In his opinion Mrs Rice is not sick enough to worry about.
 Mrs Munson and Mrs S. P. Will Hams agreed that Mir Rice should be appointed trustee of the 409 shares. but nothing that he could recall was said about appointing MT Kellogg also. He presented the application drawn up by Attorney Bronson 10 Mrs Munson and Mrs Williams. Mrs Munson said she would think about 1t and kept the paper over night and in the morning consented to hls be- ing appointed. Up to that time the board of directors consisted or MT Kellogg, Mrs Munson and Mr Rice. who had just died. He proposed to add Levi Wilcox and Herbert Row land. In making this admission 1t was his idea to have a monthly state ment of the concerns standing. and if it was not making money, to know the reason why. That was not his fathers way, he said, but 1t was his way. A business as large as the Apothecaries' Hall Co ought to have more than one head, moreover when that head was not competent drug gist. Again. he heard complaints about the way things were going. All boys were employed as clerks. lie did not, however, make this csm- plaint known to Mir Kellogg.
 Mir Rice would not deny that he said on February before the meet ing held that day was called. that he was satisfied with Mir Kellogg's $ management. He did say, however, that he wanted the family fully rep resented on the board of directors. He made this statement to Attorney Burpee on the landing outside the room where the meeting was to be held, and he also said that he want ed Mr Kellogg to surrender his po- sition and have the meeting % ahead. Attorney Burpee replied that before the meeting would go ahead Mir Kellogg would be assured Of his position. Attorney Burpee asked NIT Rice If he did not make the same statement practically to him in his ofice a week later. in the presence of Mir Rowland and Newton C.. Smith. MT Rice answered that thIs was not substantially what he did say. He did suggest that he be pres ident and that Mrs Williams and Mrs Munson should be on the board of directors. He was to yeceiye q nominal salary. He. however. would not control the concern. nor should he interfere with Mir Kellogg and inc matter was to be kept out cf the newspapers. He denied offering or agreeing to give a bond that ke