Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-07-26

great corporation. lueY come nclOTe
you with a bill of complaint and it
may be interesting to scan II for mo-
ment and see in how many things
which they have alleged they have
absolutely failed in their proofs.
Failed in Their Proofs.
First, in the matter Of information.
or rather I would call it as the bill
charges It. transformation They
have charged in the seventh para
graph Of the bill. without any posi-
tive knowledge, on information and
belief as TO this fact, complainant
AYERS that If such was the case It was
because the said T. Coleman dupont
had been misinformed in the way here
inbefore set forth that the e. l. du-
Pont de Nemours Powder Company
was not interested in the purchase OF
said stock" Your Honor can recall
the testimony upon that point. and I
am sure will agree with me that from
the beginning TO the end of this case
there is not the slightest evidence to
sustain the accusation of misinforma-
ton on the part OF Pierre S. dupont
to T. Coleman DUPONT. Any man
with an honest purpose reading
the letters which this man wrote
to his cousin, T. Coleman du-
Pont, must be impressed with his
wonderful candor with reference to
everything pertaining to this business
II he had been at that time beginning
scheme TO purchase this stock from
T. Coleman DUPONT. these letters give
the lie to any such suggestion on the
part Of anyone who makes Il. Tell
me that a man was looking out for
the purpose Of capturing the holdings
of T. Coleman DUPONT who wrote TO
him in every one of his letters. a full.
clear, manly statement of the bust
ness Of the Company? why. we
think we have now I'm sight contracts
that will enable us TO pay a 100 per
cent dividend" Is that the language
Of o man who Is scheming TO take the
property away from T. Coleman du-
Pont. or is that the language Of an
honest gentleman who is keeping the
absent president informed of every
thing that is taking place? Surely the
latter is the only Interpretation that
can be put upon that correspondence.
Misinformed? Why, he at once re-
ported to Durham what the result Of
that meeting Of the Finance Commit
| tee had been. and Durham reported
70 his chief Misinformedg He wrote
/ to T. Coleman DUPONT as soon as he
! thought he was sufficiently recovered
! from his serious operation in the
! hospital in Minnesota, telling him that
/ Alfred got crosswise at the meeting
land it'could not be put through
Further on I'm the same paragraph II
says Complainant is informed, be-
! lieves and therefore AYERS, that the
said Pierre S. DUPONT fraudulently
and in violation Of his trust as an Off
GER director and confidential repre-
sentative Of the T.. l. DUPONT de Ne
mours Powder Company. arranged TO
purchase the said stock Of the said T.
Coleman dupont at a time when he
knew that he had misinformed the
said T. Coleman DUPONT as to the feel
ing OF the Finance Committee upon tho
question Of purchasing for the Com
p pany a large part OF the stock of the
: said r. Coleman dupont" Where II
the evidence of any such misinforma
ton.
Didn't Subscribe 70 Everything.
Further on. in the eighth paragraph
about the fourth section Of your
Honor IS following the bill, my COPY
is not PACED as yours isl. in the eighth
paragraph. at the beginning OF the
third section, Upon intorma-
ton complainant believes and
therefore AYERS that the said
Pierre s. DUPONT had so arranged
and brought about that the resolution
offering TO purchase the sale STOCK
should be referred to the Finance
Committee. we'll knowing that said
committee was composed Of Pierre 5
dupont, Irenee DUPONT, William du
Point, and Alfred j. dupont and tha
by reason OF the interest of the SAID
Irenee dupont. which interest as
above stated was not disclosed, witt
him the said Pierre S. DUPONT as az
associate in the purchase of the saic
T. Coleman DUPONT as aforesaid. tina
the said Pierre $. DUPONT and lrene'
dupont could prevent any recommen
dalton of said committee looking to
proposition for the purchase of thu
stock aforesaid. That paragraph a.
Your Honor knows. relates 70 wha
took place at the directors meetinl
on March 6. 1915 The allegation il
J that paragraph In every particular 1
false and shown by the evidence q
be false. Pierre s. DUPONT, from tn
/ evidence did not lift a finger to d
, rect any motion to refer back to tn
I Finance Committee, but Mr. Gonna
( bic, who was evidently allied at tina
Y time in sympathy with Alfred /. d.
? pont moved to refer II to the Financ
. Committee. and Mr.. William duPon
p seconded that motion, but this me
! ton as the minutes Of Mr.. Beardsle
4 disclose, was only made after Alfre
I. DUPONT himself had made the frs
: motion to refer Il 10 the Finance Con
mittee, which motion not being SCI
onded was not put. Alfred |. duPor
D makes the lrst motion 10 refer. NJ
e Connable and MIR. William huPor
!. make tho final motion which prevail
r so that the charge against Pierre
= DUPONT OF scheming and intending
I dairaud This Company and using TIL
r. as one of the instrumentalities. Gel
r. tainly falls to the ground. He sa,
c further that Irenee dupont did NJ
+ know his interest was undisclose
i Why. Phillip DUPONT knew for
4. was at the meeting, and Alfred
{ dupont knew for he was at the NEE
r ing held In his Office on the evenir
e OF March 4. 1915. where Irenee VIZ
e present and discussed this matte
=. with them. and where Pierre S. d
- Pont disclosed the whole relationsh
? and who we're interested with hir
a and Mr.. Alfred I. dupont on the star