The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-07-10
Justice Wright Issues Order
at Hearing of Building
Association Case.
FRAUD CHARGE MADE
BY STOCKHOLDERS
William E. Ambrose Appointed Re-
ceiver of the First Co-OPera-
tive Compay.

Justice Wright issued an order this
morning directing the United states
Marshal to take J. Barton Miller. the
deposed secretary-tTeasurer OF the FIRST
Co-Operative Building Association, INTO
custody. TO prevent ms leaving the
jurisdiction
Charges of fraud and dishonesty were
made against Miller by Daniel w.
O'Donochue and other attorneys repre-
senting the stockholders at hearing IN
. The District court this morning, at
which time William f. Ambrose, Of the
District bar, was appointed sole re-
ceiver.
Miller is now seriously I'll at his nome.
1921 Thirty-fiftn street, Georgetown, lhe
result. il is said. of the tumultuous al
fairs of the building association OF
which he was the executive officer lhe
order issued by Justice Wright ordering
the marshal 10 prevent his leaving the
District provided he should be gwen
his liberty when sufficient BOND Is
filed.
Refused to Act
After the writ of ne exeat had been
ordered issued by Justice Wright Johh
I Young. clerk Of the Supreme Court OF
the District. declined to issue IT, hoio-
ing that the necessary allegations hao
not been made by Attorney ". g SUI
Ivan. 49, ,-o,,,g
a1d SIIIIivan took place over the mat
ter Young remaining firm in ms Post-
ton that he could not issue the - -.
declaring that ii would nave 70 70
amended by Mr.. Sullivan peIoIe NC
Vro,Iid do so Mr Sullivan, however
refused TO amend the writ
This action Of OBTAINING Miller was
taken after one Of the most sensational
hearings held in the District Court LOT
wears. The court room was crowded .
the doors with attorneys In the sun
against the association, and spectators
interested in the case
Attorney w. c. sullivan, counsel TOT
intervening stock holders, filed peu-
tfon for the Issuance Of the writ or ne
eveat as soon as court was opened this
morning. and the marshal was lnlIile-
diatelv served with the writ mat was
the beginning OF the exciting hearing.
SuIlivan's petition also asked thaI aS
me officers and directors OF the asso-
ciatIon had placed Miiler's bond at the
Insufficient sum Of 5000. that they
ebouId he ,,eld responsible for any loss
tn the stockholders because OF the Sl%0
Of the bond.
Justice Wright then signed an oroer
setting aside the appointment OF tlree
receivers by Justice Gould, which ne
objected 20 yesterday as Irregular IN
that Justice Gould was not holding
court. and a new petition asking the
appointment of a receiver or receivers
was fled by Attorney Wilton j. Lam
bert. In this petition, as IN the FIRST II
was alleged that the association was IN
solvent. and that unfair preference had
been shown in the payment Of Stock
holders wishing to withdraw their FUNDS
Wharton F. Lester, representing the
directors of tie association. opposed the
readfng Of any afidavits accompanying
this petition, but he declared that ne
was not opposing the receivershiP' as
II was the only way out Of the dini-
Guilty. in view of the absence OF the
books and records. Even the directors
he said. were unaware o. the condition
Of the associations finances.
I'VE do not attempt to deny the in
solvency." he said, because we have
not been able to get hold Of the books.
we say. however. that ii is solvent