The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1910-07-15
TESTIMONY TAKEN
IN OVERALL CASE
Whitaker and Corser Examined
in Rutland This Week.
LIGHT ON SCHENECTADY DEAL.
Former Stockholders IN Local Corpora
ton Tell Of Arrangements Made by
Them TO Locate in New York State
Decided 10 ''Unload'' on Proctor.

sfAAH@N@ -
The Grst Of che hearings before Special
Master NJ c. Wchber IN the chanecry
matter oi the Hooker. Coner & Mitchell
campany W. Jamcs y. Hooker, w. II.
Cofssr aud c. ID. Whitaker WAS held at
Vutland Tursday and Wednesday. The
b.arinr was ia the Rutland county court
bou.p Clarke C. Fits and Robert =.
Bacon Represented the orators and the
deiundauis wcrc represented hy Herbert
H.. and Frank r. Barber. Mites Katherine
10. Dunleyy was the SPECIAL teholtei OF
the testimony. Owing to an INJURY sns'
tainrd by Mr.. Hooker while playing
tennis recently he was unable 60 come
from Schenectady. y. Y. TO Rutland.
DeDositions viii hc taken nt Schenectady
in the case within few days and the
hearing was adjourned TO Bm'tieporo
Aug. 3. ~.
mrnt OF claims made by the company IN
reslrd 10 certain actions taken by the
defendants while officers Of the company,
in connection with the establishing OF q
branch overall plant NJ Schenectady, y.
Isl The orators claim that the defend
ants. a. officers Of the company, TOOK
nav from the company IN making, negouH
tions with Schenectady parties relllNe 70
the establishment of branch pant III
that CITY. that the contracts Tor the new
plant at Schenectady were taken IN the
names of the defendants personally ana
/ tL,t money was borrowed IN the names
| of the defendants personally and mat
LEGALLY the defendants should nave takeh
such action in the name OF the, company,
| that this action Of the deiehdahts, I
| bv law the act Of the company ana that
such act upon the part OF the deiendahts
while officers OF the orator company per
/ mits the Hooker. Corser x Mitchell com
many TO claim as its property the pant
/ NJ Schenectady, y. y, now operated py
/ the defendants under the name oil tine
| Mohawk Overall company
Tho orators also claim that the ue-
fcndants while still officers OF the com
many had attempted TO negotiate win
lemploves Of the company for the purpose
of securing them for a new plant 10 pe
located at Schenectady, \. =; that the
| Attendants took trade lists OF the, com
lpnny TO use in getting in touch WIN Gus
ltomers; that such litigation rs m lne ue
Ifendants engaged in with w II, sa' IroctSa .ba
lin endeavoring TO oust Proctor rom .ile
comnany WAS paid for out OF the treasury
Of the company; that the defendants
ltook patterns, plans and trade secrets
for use in establishing the new plant at
Schenectady: that the defendants mace
lcontracts as officers of the company lor
lcloth and that such contracts were lei laheii
lin the names OF the defendants persona''
llv and not as officers OF the company :,
The hearing at Rutland was TO take
the II" testimony Of the three defendants
nnon the orators petition. Messrs;
Whitaker and Corser were present ana
testified. Mr.. Hooker was absent on
account Of an injury as stated ao1Ne'
Mr. Whitaker testified that the HOOKER,
Corser & Mitchell company, OF Wrlri anr;i II "
was a member, had, previous to April ~,
1909. been looking for location ior q
branch factory. He testified that ne
with the other defendants went TO cche'
noctadv N. Y. and that certain EN-,
Moves Of the Hooker, Corser x Mitchell
lcompany accompanied them. lie also
Testified that the expenses OF TN TINS ,arp .arp
and the salaries OF the eilPlo!ea ,,,onv
, maid out of the treasury, OF the company.
Wr Whitaker testified that when the de.
fendants returned from their trip 70
Schenectady they decided to unload the
prattlahoro business of the company up
on Mr. Proctor and to consider action
, in connection with the Schenectady prop,
. osition as a matter concerning tnenlsenes o,,'
individually and not conceThins ,fter t4e tha
! many. He said further that after n,, ane
pdaffsd pdafsndants returned from Schenectady
am Of the business was done by the DE.
Jn fardants personally. He testified tnat
, abnut Nav II, 1909, the secretary OF tne
Sobenectady. n. Y, board of trade nego'
t;ated with the defendants for the pur,
! chase Of piece Of land upon wmcn .S W
locate branch factory. Inc Snn wl,neef 81 The the
y defendants def for desiring to nnioaa @l,otar tnr
e Rra ttleboro business upon Mr., PROCTOR
event That it would close up the nt,ga. uatar
ta0epb tion then going on between Mr.. froctos
.ioa a the tn other members of the. Company,
Mr. Mr " Whitaker testified that the defefnd, ef!
ants anti and orators went to Rutland Nay
loo ,s"" 1900. anu was aware o. .ne agreemen.
|. made ma at that time whereby the injuncc..
ton was dissolved. This agreement, it
viii be remembered, gave W. H. Proctor,
n a a member Of the Hooker, CorseIr, q
n Mitchell company, an option to eltner L,
t the stock Of his partners at price fxed m
It at that time. He was to have 30 days
h in which to avail of either option.
y The witness said the three defendants
S had ~ borrowed $4,000 at the Peoples
Z. National bank individually to be used IN
j. the negotiations with the Schenectady
It hoard Of trade, also that Mr, froct3r
t availed of the option 70 BUY. the stock
s of the remaining members Of the com,
!, |pany and did 50 june IA, igVs. FIi3r Ie 20 %
n ants did not attempt to hire any employe
IS away from the company and that all
n % attemnts to hire employees were made
n after that date. He stated that. he had
: made some measurements in the local
/. factory but that he. had not made use
n of them in installing the Schenectady
, plant. He acknowledged that the counsel
$ empioyed in a former suit to dismiss an
t Injunction Injunction secured by w. H: Proctor
d against the defendants was paid out q
o tie treasury Of the company. He testl-
). fed that the defendants took funds from
:. the company to pay counsel for making
4 the stock transfer at the TIM. W. q.
= Proctor acquired the holdings OF the de-
9 PENDANTS. The witness denied that the
= defendants personally had any optlons
!. upon cloth which had been taken In tne
!, name Of the company. ,..-u..
= w. IT. Corser testified substantially as
! Ibid Mr.. Whitaker and said that ne
\ thourht the company ought to pay coun.
x sci fees in its litigation with Mr. froctor
al he believed that it was for the oenent
Iof the company to have Mr. Froctor ges
ont, He said that the Schenectady tnp'
lfo which the former witness had referred,
was made for the company, He testihe93
AZ aid MI. Whitaker that it was decided
% unload the Brattleboro business upon
/ Mr.. Proctor after the defendants had
y looked over the situation in Schenectady.
He said he felt sure that the defendants
had a GOOD suit against Mr.. Proctor when
r the matter was taken to Rutland iast
: lyS1I Il -,,,,h of the Testimony secured