Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-03-22
PLAINTIFFS CASE IN.
Seven Days OF Testimony In Suit Of
Smith w. Reynolds.


After taking up almost seven solid days
with presenting testimony. the plaintiff In
the case Of w. W. Smith VS.. H. II. Rey-
nolds ct al. now being tried by Judge Fred
NJ Butler in county court. rested his case
about three-quarters of an hour before
the close of yesterday afternoons session..
II. II. Reynolds. defendant in the case.
was on the stand for a short time be-
fore tho close Of the session. no being
the first witness for the defense. It was
Indicated during the brief period which
Mr.. Reynolds was on the stand that one
Of the points in defense would be that the
defendants In the case at the time they
sold the stock Of the Washington Con-
solidated Telephone company to the plain
tiff did not knowingly perpetrate fraud
but represented the stock on information
which was given to them by others. stock
holders and officials In the company
During the morning session o. 8. Mich
OILS Of Essex. +. NJ Whitcomb of Essex
Junction and F. M. Bigelow of Essex
Center were on the stand to TESTIFY as To
the stock purchased by them In the COM
pany. The witnesses testified that when
the stock was sold to them they were told
that it was paying eight per cent.
Dispositions were read taken In spokane.
Washington. in which city the sellers oe
the stock represented the telephone com.
pany's property centered about. d. e. -.
V. Cushman at the time the deposition
was taken, was public service commission.
err IN Washington, and during 1910 and
1911 was assistant general manager OF the
telephone company. He testified by dspo.
sition that the Washington Consolidated
had never had an Office or switchboard In
Spokane that he had never heard OF the
companys building toll line west from
Spokane to Seattle.
Testimony given In the deposition OF a.
T. West was in substance that he new
nothing of the company's building any
line west from Spokane to Seattle. that
the promotion Of the telephone company
was not a good business proposition, that
the Washington Consolidated had no
franchises Of special value. that there
was competition in Davenport all OF the
time, that the lines of the Washington
company ran up to the city limits OF epo-
kane and that to the witness knowledge
! the company never had an once In the
city. The cost Of the construction or the
company was about $1,000.
| In the deposition read, made by w. n.
Armin of Spokane, 1t was testified to that
the Consolidated never had any telephones
! in Spokane, and that other telephone
companies in existence during 1911 ana
1912, namely, the Bell Telephone company
and the Home Telephone company. ha0
their telephones in general circulation.
Mr. Armin also testified that the Tele-
phone company, during Its last few
months OF business was unable to meet
its bills. being bounded all the time by
creditors and that Its officers were de.
Ipending upon Reynolds to perform his
contract with them to meet their obi.
cations.
s., Fred Howes, one of the defendants in
the case, was recalled to the stand by
Attorney " A. Billiard. He was shown
several checks with which he said stock
was purchased. some OF the stock being
sold by him. he Identifying the checks
as having passed through either his hands
or the bank account of F. Howes & Co..
of which he was a member. the tdentth-
cation being by endorsements on the
back Of the checks. Other than the evi-
dence produced by the checks. little was
gained from the testimony of Mr.. Howes.
who was unable to fix dates called for
by Mr.. Billiard. attorney for the plain.
tiff.
II. II. Reynolds. called in defense by his
attorney, Alexander Dunnett testtned
that previous to his connection with the
Telephone company he had Travelled from
a house in Boston selling beef and he
had known Howes for seven or eight years
before he entered into the telephone bust'
ness with him. Reynolds testified that
his attention was first called to the tele-
phone business by Mr.. Howes In 1910.
Mr.. Howes told him that he had just re.
, turned from the West and of the pros
poets of the company. Reynolds learned
from Howes that 1t would be q profitable
business to enter into. Reynolds pur.
Ichased stock in the Washington Southern
land when Cooley opened an once In Bos'
ton to sell the stock he advanced money
towards the promotion of the company.
, Here adjournment was taken to this
morning.