The daily sentinel., 1912-03-25

The case was called at p m. and
lasted until past the midnight hour.
1t was evident that all the testimony
could not be brought in in the time
left, and the court asked for more
time in which. to review the evidence
and testimony and to consider the
merits of the complaint. AS his
Montrose term opens today, Judge
Shsckleford could not give any
further time to the arguments at
that time, but told the attorneys that
he would on April l designate date
for the further hearing of the cause.
Frank NJ. Laughlin represented
Glover and associates, while w. II.
Ferguson was attorney for the plant
ifs, Arthur Healy, Denver lawyer,
who is defendant, assisted Nc
Laughlin, and Or. o. G. Place, also
defendant, was present.
No sooner had MIR. Ferguson pre-
scented his case than the defense Of
fered a series of motions to quash
and for change of venue. demurrers
and objections to the introduction of
evidence and testimony. Mr.. Fergu-
son was evidently waiting for these
motions, for he was always ready
with his authorities and arguments.
After brief arguments the court over
ruled all the motions and objections.
Mr.. Ferguson. after reading the
complaint which has been referred to
in detail in these columns hereto
fore, offered a certified copy of the
articles of Incorporation, copies of
the annual report. and several affi-
davits were in evidence. They were
admitted despite the objections of
Mr.. Laughlin.
Mrs Viola E. Frisbie and ]. p.
Graybell were put on the stand and
testified to the refusal of Mr.. Glover
to allow them as stockholders to
see the items of accounts, minutes of
directors meetings, financial state
ments and contracts. They were tell
ing references to alleged irregulari-
ties of a suspicious nature transacted
by the directorate, which Glover at
all times controlled. The transaction
of business between the reservoir
company. of which Glover was boss
and the construction company, which
was, in fact, Glover, and Mr.. Glover
as an individual, provided interesting
instances of peculiar business meth
DDS.
Although he does not figure in
this case as a defendant, the notori-
Gus Corydon A. Woody of Riverside
fame, was often referred to in the
testimony as agent of the company.
He ii was who wrote the famous cir
cular advertising reservoir with
two years. water reserve when no
such reservoir has ever been COM
menced The circular also refers to
the crop records of A. j. Harvey. r.
A. Orr r. H. Bancroft, A. b. Hoyt
and others, who reside in this sec
tion. as performances of the or
chards in the Sunnyside section"
Jerome b. Frisbie, witness for
the plaintiffs, is graduate of Ames
with a civil engineers degree. His
testimony as to the condition of the
ditch and fumes upon which small
fortune is supposed to have been
spent, was Illuminating. He declar
ed that the ditch was filled up, wash
ed out and torn away in many places
while the flume was dilapidated and
leaky, ready to fall down when wa
ter was turned into IL.
1t was Arthur Healey, a defendant
director, however, who provided a
sensation by his explanation of some
of the terms of the water right pro-
| vision on the stock certificates
Each share. he said. entitled the
holder to an inch of water from the
canal. Not Colorado miners
inch" he explained, nor a Californ-
ia inch, but particular kind of an
inch which we explain as being one
hundred forty-fourths of a cubic foot
of water" This particular style"
of an inch figures out to be about
three-tenths of the statutory measur-
ment Thus, it takes more than
| three Sunnyside inches to secure as
much water as one inch anywhere
else. This was especially enlighten-
| ing.
Mr.. Healey's explanation of many
of his official acts on the board of
directors and his interpretations of
many illusory records on the books
| of the company furnished still more
unexpected information to the court
and other hearers of the evidence.
Reduced to the bare truth. Mr.
Healey admitted that most of his
votes on resolutions in the directors
meetings were at CloYer's behest and