The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-04

- H. ~ 6eUO
DIVIDENDS
Continued from Page One)
they were packed when on the wagons.
Few days later White saw the empty
boxes In the storage company warehouse
ana in the Badders store. The goods, 1t
IL claimed. were shipped from Topeka
In December but for some reason were
returned and arrived at the Badders
store the day George A. Clark took
charge az receiver. The goods, Clark
testified today. invoiced $7.103.10. He
gave the total invoice Of Eadder1 as
at $16. 095.77, based on original invoice
figures and freight charges
Paid Creditors From Stock Sales.
George C. Guggenheim Of Roches-
ter, N. T.. representing the STEM
Bloch company. told Of that COM
panys experiences with the Badders
company. At Guggenheim's sugges-
ton OF his company $4,000 and paid
the money from the stock sales to the
stein-Bioch. Badders largest cred
itor.
Topeka
How much Of your company. ac-
count was past due?" was asked.
owed US more than $4,000. We
talked over the account Badders
SAID the company was running behind
ana expenses were heavier than they
should be. I asked If he could get
money. He said he could not except
was already in debt. He then agreed
to pay us $4,000 in November. $s,-
800 in December and the balance
1000 month and we would carry the
account"
Check Was Returned.
In late December Guggenheim re-
turned to Topeka A Badders check
warded to the witness. The check was
drawn on the German-American bank.
eiuggenheim presented the check and
the bank refused to cash 1t.
presented the check to Badders
about December g." said the witness
He said that since the check had not
gone through the clearing house and
pursued its natural course, he would
not honor it,
Witness said he spent several DAYS
in Topeka trying to secure a settle
ment of the account. Badders prom
fsed a statement but the statement was
always delayed.
Early in January" said Guggen-
assets were $4,000 and its liabilities
not in excess of $4,000. asked about
the December sales, which he said
amounted to $4,000. told him
could not see $4,000 worth Of assets.
and he said he had made a mistake
and meant $4,000 in assets"
What was said about bank ac-
counts?"
Said He Had Lots of Money.
HE said he had a large amount in
pay us and he said the money had
been attached to secure a claim Of
$500 and he would not segregate the
account as he proposed to file q coun-
ter claim and claim for damages
against the company which filed the
Finally Guggenheim left Topeka
with $1,000 in cash. taken from q
cashiers check for 81, S61 which Bads>
ders had produced. The check ON
the German-American bank was re-
turned to the clothing company pres
ident.
Mrs. Ira w. Burdicl<. the first wit
ness on the stand today. corroborated
the testimony offered Tuesday after
noon regarding the payments OF divi
dends of commissions from the sales
receipts Of the company. Her one
that her husband and Mr.. Graham,
former secretary, received the five
per cent commission paid to the Sec
rotary. The secretarys commission
was $2.797.94. of which amount Mrs.
Burdick thought Graham received
more than $2.1oo. her husband re-
ceiving> $500.
ByeGs Also Involved.
That w. A. Byers, father-in-law Of
George 8. Badders. went to st. Joseph.
Mo-. in December and receipted for
merchandise billed to &c. r. Franks"
was the positive testimony of two
witnesses called by petitioning creditors
in the bankruptcy case. 1t IL the
contention of petitioners that these
were shipped from the Badders store
in Topeka. placed in storage in st.
Joseph, rebilled to Kansas City, again
placed in storage and later returned to
the Badders Clothing company.
Both r. A. Baumgardner. q storage
house man. and d. J. Rose of the st.
Joseph Terminal company. Identified
Byers as the man who called for the
goods. Baumgardner pointed out By
ers from among the rs or 100 specta-
tors in the court room. The witness
said that Byers called at his ONCE.
arranged for the storage Of the goods
on December Is and called for the
would personally superintend the re-
billing.
Identified Byefs.
rs the man who called for the goods
in the court room ?'' asked w. 8. Nc
Clintock.
THAT ID the man sitting next to the
aisle. third row back" said the wit
ness as he pointed out Byers.
The positive declaration of the wit
ness created a sensation In the court
room and on cross-examination Baum
gardner refused to be shaken In his
identity.
Witnesa stated that Rvera asked m