The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-01-23
BADDERS CASE.


Continues from Page Oue.1
had tried to help him in every way
he could. He admitted. however, that
since the discovery Of the theft Of the
records he had undergone q change OF
heart towards the young merchant.
Move for Continuance.
After Clark had testified this morn
ing a motion was made by Badders' at
torneys to have the case continued, the
missing records being the reason given.
Jurors and witnesses withdrew from the
court room while the motion was ar
gued. Judge Dyer Overruled the motion
and the trial proceeded.
Ira Burdick, secretary of the COM
pany. was called to the witness chair
He told of meetings of the directors of
the company held in the basement of
the store in Topeka, testifying that in
May, 1918, he and F. r. Boyd were
called into the basement where Bad
ders gave each of them share Of stock
and announced to them that they con-
stituted the board Of directors.
At the basement meeting, Burdick
testified, a motion was passed increas-
ing the capital stock of the company,
declaring dividend OF Is per cent on
the stock and giving the president and
secretary of the company respectively
Is per cent and per cent Of all the
sales for the year exceeding $4,000.
In December, according to Burdick,
another meeting Of the cellar directors
was declared.
Boxes Missing.
When George A. Clark, federal re-
ceiver appointed last year by Judge
John C. Pollock for the Badders
Clothing company. entered a rear
room of the building at 113 West
Fifth street, Just across the alley from
the New England building Friday
morning to show two draymen two
boxes they were to take to a local
United States district attorney, con-
Quoting the prosecution of George s.
Badders, charged with misuse of the
malls before Judge D. p. Dyer in KAN
sas City, Kan. he discovered the boxes
had been removed. Each Of these
boxes weighed over three hundred
pounds and contained correspondence,
freight bills and other business pa
pers placed in the receivers custody
by order Of the court.
caused another sensation in the al
ready famous case, and furnished an
other reason for the young Topeka
merchant, through his attorney, to ask
for additional delay in the trial of the
case. Badders' attorneys had already
fought hard for continuance of the
present trial, but had been overru1ed.
Clark Immediately telegraphed a re-
port of the theft to District Attorney
Robertson, and postal inspectors were
hurried to Topeka, and a search for
the boxes began. The names Of every
drayman in the city were secured. but
the search apparently came to a sud-
den end, for after a day spent here
| the inspectors returned to Kansas
City, Kansas.
Badders Demanded Boxes.
The boxes might never have been
missed had it not been for a demand
made by Badders's attorneys that they
be produced in court His attorneys
had alleged that Clark, az receiver,
had refused them access to the rec
ords. Claiming that for this reason
they had not been able to prepare q
court for 2. continuance. Clark testi-
fed. and was supported by other wit
nesses, that the attorneys had had
free access to these records. and con-
sequentl the judge overruled the mo-
ton for q continuance.
Badders's attorneys then asked
Clark if he still had these records In
| his possession and Clark testified that
he had. whereupon they made q re-
quest that the papers be produced In
court. 1t was in carrying out the
| courts order that the discovery wal
made. 1t il the opinion OF L. 8
Harvey. assistant United States dis
trict attorney, that the boxes were
removed some time In the latter par,
OF September or early in October.
Mr.. Clark, who II a member of the
abstract firm of CLARK and Beale, had
moved into new quarters just across
the alley. About the time mentioned