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-treasurer OF the First
Co-Operative Building Association, into
custody. 10 prevent his leaving the
jurisdiction.
Charges of fraud and dishonesty were
made against Miller by Daniel W.
O'Donoghue and other attorneys repre-
seutins, the stockholders at hearing in
the District court this morning, at
which time William +. Ambrose, or the
District bar, was appointed sole re-
ceiver.
Miller is now seriously III at his home
1871 ThiIty-hftn street, Georgetown Ihe
result. il Is said. OF the tumultuouS al
fairs Of the building association OF
which he was the executive officer Ihe
order issued by Justice Wright ordering
the marshal 10 prevent his leaving the
District provided he should be gwen
his liberty when a SUFFICIENT bond Is
fled.
Refused to Act.
After the writ of ne exeat had been
ordered issued by Justice Wright, John
I Young, clerk of the Supreme Court OF
The District. declined TO issue It, hold
ing that the necessary allegations hau
not been made by Attorney ". {. Sui
Ivan. -,,,-,- ,,o,,,V
and Sullivan took place over the mat
ter. Young remaining hrm IN ms P pos
ton that he could not issue the W.
smended by Mr.. sullivan before he
,gnvId 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 Tor
wears. The court room was crowded %
the doors with attorneys in the suit
against the association, and spectators
Interested IN the case.
Attorney w. c. Sullivan, counsel Tot
Intervening stockholders, filed peu-
ton for the issuance Of the writ or ne
exeat as soor as court was opened TINS
morning. and the marshal was lInrrle-
dia-eIv served with the writ. That was
the beginning OF the exciting hearing
Sullivan's petition also asked that as
The officers and directors OF the asso-
citation had placed Miller's bond at the
insufficient sum Of 5000, that they
zbo,7ld he held responsible for any loss
70 the stockholders because Of the size
Of the bond.
Justice Wright then signed an order
setting aside the appointment OF three
rece fvers by Justice Gould. which ne
objected TO yesterday as Irregular IN
that Justice Gould was not holding
court. and a new petition asking the
aDrointment 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 z. Lester, representing the
directors OF tie association, opposed the
reading OF any affidavits accompanying
this petition, but he declared that ne
was not opposing the receivershlP' as
Il was the only way out Of the dirIl-
Guilty. in view Of the absence OF the
books and records. Even the directors,
he said, were unaware OF 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 it is solvent.