Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-03-08
UNITED STATES COURT.
I.qairy into Receivers Management IF
BankzUrt AFbsekie Candy Company.

0aAk0P Afooekhe Can0y company.
Most Of the time of Judge Hariand B.
Howe, judge of United States district
court. now being held in this city. was
taken up Friday with the hearing on
the allowing Of the report and account
Of M. l.. Powell as receiver in the bank
r,lpt estate of the A rbuci'le Candy COM
pany. Morning. afternoon and evening
sessions were held. The receiver was
asked to explain in detail certain accounts
mentioned in his report and was ordered
BY Judge Howe to have prepared an
account which would show in detail
where the receipts. which were put down
in bulk. came from. Other witnesses
heard during the day were G. F. Sculy
and Miss Marie Matt. bookkeeper at the
offfce OF the company.
r. F.. Brown. attorney for Thomas
Reeves. trustee of the estate. brought
out an error made by Mr.. Powell, which
he used as basis for asking for more
detailed account Of the receipts and dis
bsnsements of the bankrupt company
while in the hands Of the receiver Mr.
Powell was questioned by Mr.. Brown on
the account of the o. J. Weeks company.
creditor of the bankrupt From testi-
mony given by Mr.. Powell it was shown
that j. d. Tousley. in the employ. of Mr..
Powell. and with his assent, sent back
to the Weeks company some stock to
the amount of about $50 The receiver
| stated that it was sent back because it
was of no use to the concern. While
| credit was given for the stock it de-
veloped from the testimony that the
Weeks company owed the Arbuckle COM
pany about s70 which the receiver had
not noted in his report. Mr. Powell
stated that he did not know of this untft
1t was brought to his attention at the
hearing yesterday. 1t was then that Mr.
Brown stated to the court that because
other errors might have been made dur
ing the receivershp ne wanted report
more in detail.
1t also developed from testimony gwen
BY Mr. Powell that while he was receiver
OF the bankrupt estate. the firm of Powell
& Powell. consisting of himself and G. w.
Marks. were attorneys for q of the
creditors of the bankrupt. the sums in
volved ranging from $4.06 to s11. I9.6S.
The testimony of G. F. Scully to ques-
tons asked by the receiver put some ex-
citement into the hearing. Mr.. ScuIly
testified that the check from the Peck
Insurance company alluded to in We'd
nesday's testimony was found by him in
loose papers in the Office which had been
used by the receiver. The check was
found after Mr.. Reeves had been APP
pointed trustee. whether in papers on the
| floor baside the basket, or in the waste
basket. Mr.. Scully said ne could not tell.
for at the time he did not place great
significance upon its finding The book
keeper was in the office when it was
found by him. Mr.. Scully emphatically
denied that IL was brought to the office
during the absence o. Mr.. Powell by Mr..
Marks. partper of the receiver. to be en-
dorsed with other checks.
| Mr. Scullv testified that he was emploved
at first by the receiver and was released
by him four days later. When he went
back to the factory he was employed by
~. d. Tousley and not by Mr.. Powell.
When asked by Mr.. Powell IL it was not
4 fact that he worked most of his time
trying to have the receiver. Mr.. Powell,
ousted from the receivership of the estate
while at the same time he. Scully, was
in the employ of the receiver. the wit
ness testified that he was hired by Mr.
lTousley, that he gave his employer q
certain number of hours each day and
THAT after that he worked for the best
Interests of q. F. Scully. Towards this
end, he stated. he worked from the mo.
lment Mr.. Powell was appointed receiver
to have him taken from that position
working In the interests Of the company
lin which he was a stakeholder.
Miss Matt was called upon to give Ger
tain testimony in regard to the books al
the bankrupt company on which shs
worked while Mr.. Powell was receiver.