The Topeka state journal., 1914-02-10

WILL NOT TESTIFY
Ordered So to Do by Judge, He
Explains, ~No."
Court Met Today to Hear-Ad-
jOurned to Wait.


II Because he said he did not under
stand the exact status of complicated
legal proceedings surrounding his in
voluntary suit in bankruptcy. George
fusal to testify before Judge ]. g.
SlOnecker, special master. What Is
more, Badders got away with 1t. An
other eight days delay-pOssibly long
er-was occasioned by the ingenious
excuse invented in Badders' behalf by
his attorney. D. r. Hite. who gave a
high class portrayal of. the possibili-
ties for delays under technical federal
court procedure.
Three weeks ago creditors of the
i Badders Clothing company filed Pc
titiOn in involuntary bankruptcy. Bad
ders was summoned before Judge Slo-
! necker, but refused to testify as to the
affairs of the corporation Of which he
\ is president. He declined to testify as
| to assets. liabilities. profits or losses Of
the firm or to tell what had been done
with some $4,000 or $35, 900 alleged to
] have been in his possession from divi-
dends and receipts from special
Slaughter sale.
| Badders' refusal occasioned a delay.
The case was then taken before Judge
Pollock. He ordered Badders to tes-
tify. D. r. Hite. Badders' attorney,
scratched his head and meditated. AS
! a result Of his meditation. Judge Pol
| lock suspended the enforcement of his
order until Fite could run downs to
| St. Louis and get the United States
circuit court of appeals to review the
case. The circuit court was busy that
day but gave Hite restraining order,
holding up proceedings few days
| longer. Then Hite and the attorneys
| for creditors made a trip to st. Louis
and Hite asked for an order with
Latin name that would have the same
Quieting effect on the bankruptcy pro-
ceedings as lighted match in a barrel
of gun powder.
The circuit court wouldn't give Hite
just the sort of order he desired. But
| it would compromise the matter by
giving another order that meant al
! most the same thing but might be
| construed by opposition lawyers as
| meaning something else.
When Hite came back to Topeka,
there was dispute and contention as
! to just how far the circuit court in
| tended to go in saying that the special
master might investigate Badders' fin
ancial affairs. Lawyers representating
some $4,000 or $4,000 worth of
claims and accounts against the cloth
ing company wanted a receiver while
| the case was still pending Hite had
no special objection - . receiver.
Thought one might be- a first class
idea, in fact. But of course the law
yers on the opposite side of the case
/ would understand that by permitting
the appointment of a receiver, Hfe
sacrificed none of the rights of his
client and that Badders should not be
unduly embarrassed or harassed. 1t
| was agreed. Several days delay. A
| receiver was appointed.
Then the receiver wanted to know
something about the condition of af-
fairs. But it was very questionable
whether he could ask any questions
without first asking Judge Pollock il
it would be all right. And that raised
| the question as to whether Judge
Pollock could permit such proceedings
without first speaking to the circuit
one knows that the circuit court of
appeals is hedged in horribly by the
provisions of the constitution and Arti-
Gle of the Fourteenth amendment.
Finally after following the well de-
fined avenues of law and court pro-
cedure, Badders was ordered to tes-
tify-again. The case was set for last
Friday. But Friday was very dis
agreeable day and someone who was
in some manner in touch with the
was continued until today. This
morning there was a quorum.
Badders was called to the stand.
The witness arose with great defer
ence and assurances of the utmost re-
spect for the courts honor and dig
tic COuTl WOuiO kluOly OS
patient a minute, the. witness will
read a reason-prepared by his at.
torney-as to why witl--ss should not
testify. Reason is read. Court re-
porter enters objection and marks
statement of Badders as an official
exhibit. Court says something.
Stenographer takes down all Of it.
Court is adjourned. Next session
Wednesday, Feb. 18-maybe..
It is explained in the Badders state-
ment that he knows nothing of the
tangled web of legal proceedings and
that his attorney. Mr.. Hite, is almost
lost in the legal fog. It is explained
that with the refusal to testify, Bad
ders will contest the bankruptcy pro-
ceedings. He will ask for a jury trial,
too. He will thus remove the pro-
ceedings, perhaps, from the jurisdic-
ton of a special master and place it
somewhere else. All of which will
take time. But just now the Badders
store is in charge of a receiver. And
time with Mr.. Badders is not listed as
a tangible asset.
Mr.. Badders' objections? They
will be ruled upon some more by
Judge Pollock. Then by the circuit
court, no doubt, then some one will
possibly send the case back to To-
peka again and the proceedings will
perhaps be just as clear as ever.
The refusal Of Mr. Badders to tes-
tify was as follows:
II most respectfully decline to sub
init to an examination or to take any
! oath, or submit myself to the jurisdic-
=