The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-03

yer said, the clothing merchant was on
his way to Chicago to attend the TAX
ing Of dispositions. Just where Bad
ders might be at this time Hite said he
knew not.
Hite had pleaded zealously for judg-
ment on the pleadings of the creditors
which he claimed were fatally defec-
tive. The court allowed the creditors
to amend. Hite was visibly disappOint-
ed and admitted it, He told the court
further and asked the statutory five
days continuance. Cant give it," said
Judge Pollock, you can have an hour
to prepare your objections" Court adj
jOurned for an hour. Then Hite read
into the records a lengthy objection to
the amendments to the amended petit
ton and urged that the lawyers for
Badders wer- not prepared to meet
the charges of creditors without more
time.
will Mr.. Hite please be sworn"
purred Edwin A. Krauthoff of Kansas
City, who appeared Aor some of the
Badders creditors. Hite took the
stand.
where is Mr.. Badders?" asked
II don't know where he is at this
time" said Hite.
Where WAS he the last time you saw
him." - ~-..-.
In Kansas CITY,
ing?" - Egks
Yes. Said he YVES going to Chicago
to attend the taking of some deposit
tons"
Did he say when he would re-
turn?' ~
He asked me il he should be here
for this hearing and I told him that
so far as I was concerned it made no
difference
Hite was then questioned about the
Badders company books and the cred
itOrs sought to bring out that the de-
PENDANT had full knowledge Of all
claims and accounts in ample time to
prepareT for the hearing this week.
Mr.. Hite said he had been retained
by Badders in. December, was con-
suited about certain matters but re-
fused to testify as to consultations
| with his client.
Had the petition in bankruptcy
been filed at that time ~ was asked,
1T had not"
'Were you consulted by Mr.. Bad
| ders about the payment of divi-
dends?"
II was not
| Here Hfte objected to testifying
| about consultations with his client
and Judge Pollock sustained the OBJ
| lection.
Did you ever see this ledger?"
asked Krauttoff, displaying what
purported to b. the Badders company
ledger.
Never did," said 4Hite.
Were you ever denied access to
it,"
NO. I never made an effort to
see it,
At the conclusion of his examina-
ton, Hite stated that his objection to
the amendments to the amended Pc
tition were filed because the defend
ant believed a valid judgment could
not be taken on the documents orig
inally presented to the court.
Several of the objections of Hite
were pointed out by the court as be-
ing highly technical" and Judge
Pollock called attention to the fact
that for the first time in ten years he
had called a special jury and made a
special trip to hear a case of this ma
ture and indicated that he did not ap-
preciate the hostile attitude of cOun-
sci.
1T isn't fair to the court or to the
administration of justice for both
sides to be continually complaining"
said Judge Pollock. Zone side in
sists it cannot get information, the
other that it is being harassed; and
the attitude displayed in this case is
not pleasing
The special venire of 20 talesmen
had been exhausted when court adj
journed at 5:45 Monday evening.
There were eleven jurors in the box.
The petitioners had exhausted but one
Of their three peremptory challenges.
None Of the challenges allotted the
defense had been used.