Waterbury evening Democrat., 1906-03-26
HALL COMPANY
 AND RICECASE ON
LAWYERS ARGUING BEFORE
 JUDGE SHUMWAY TO-DAY.
Attorney Root Makes Many and Sweeping Claims on Behalf of His Clients-Case Promises
 to Be Full of Excitement

The hearing on the motion for the appointment of temporary receiver for the Apothecaries' Hall Go began at noon to-day before Judge Shum- way in the superior court, and Attor- ney Root, who appears for those in- terested in having the appointments, was getting into the financial vitals of the concern at press hour.
 On behalf of the motion 1t was claimed that for the past few years the officers of the company have not been legally elected; that a proper report of the financial condition of the company. has not been made. and that owing to the condition of the books and records it is impossible to make a satisfactory report. Further more, that those running the con- cern have entered into contracts that will tend to deteriorate the stock of the company.
 Levi Wilcox, secretary of the con- cern, was the first witness He pro duced list of the stockholders who were entitled to vote at the annual meeting which was held on Satur- day, February 3. A. E. Rice's name on that list and the word trustee" scratched over, followed. A notice of the meeting was sent to I. P. Kellogg with list of those en- titled to vote at 1t in pursuance of a custom. Records showed that Mir Rice had been elected director of the company at meeting held May 16, 1905, and at the meeting held February 13 this year I. P. Kellogg was elected president and treasurer for three years at salary Of $2,S00.
 On being examined by Attorney Burpee, counsel for MT Kellogg, and others who take his view of the con- tention, MT Wilcox showed that though MT Rice had been elected a director the records did not show that he had any stock; that the stock he was appointed trustee for by the probate court remained in the name of his grandfather, A. E. Rice. MT Wilcox put MT Rice's name as direc- tor in the list sent out January 20, 1906, for the meeting on February 8, because he was told by MT Rice he had been appointed trustee of the 4O9 shares. When he tried to vote on that block of stock, however, John Blair, a stockholder. questioned his right to do so. F. B. Rice, MT Will COX said, always voted as trustee of that stock.
 Before finishing with MT Wilcox, I. P. Kellogg was sworn. He testi- fled that before he became connected with the Apothecaries' Hall Co he was general clerk and estimator of costs of producing machinery for the Matthews & Willard Co. He was a general clerk for the Apothecaries Hall Go till he was elected treasurer in 1902. He is not druggist and owns one share, but has negotiated for 121 more from Herbert Rowland. Now he is general manager, treas urer and president by vote of the meeting held February To. At the meeting at which he was elected to these offices there were Mrs B. R. Munson, his wife's mother, MT Row. land, Newton c. Smith and himself. The motion that he be appointed gen. eral manager was made, he thought, by Mir Smith. Still his duties now are practically what they were be- fore F. B. Rice's death. He has charge of the money of both the wholesale and retail departments. He testified that there is mortgage Of s26,000 on the company's building situated at the junction of South Main, Bank and Exchange place. There are four notes out aggregat- ing s9,5O0. Two of these were is- sued before F. B. Rice's death and signed by witness. The other two are accommodation notes and are held by the Waterbury Manufactur- CTS bank. The mortgage Is held by the estate of s. A. Chapman. As to making a financial report, Mir Kel- logg claimed to have prepared one for the annual meeaing, but as it was not satisfactory to the directors 1t was not presented to the stockhold- CTS.
 John Blair testified that stock in fine Apothecaries Hall company IS now worth between s315 and sS3Ils ar.