Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-04-11
S|MM0NS.CHAMBERL|N
SUIT PLACED ON TRIAL
Former Wife of Late President
of Old Bee Hive Corporation
Seeks to Recover on Stock
Which Defendants Claim Was
Illegally Issued

The suit of Mrs. Leon z. Simmons Of
New York city. formerly Mrs. N e.
Chamberlin of this city, versus the Old
Bee Hive and the executors Of the estate
of the late N. e. Chamberlin, to recover $780,
OOO the value placed on 200 shares of stock
in the Old Bee Hive and unpaid dividends
alleged to have been given the plaintiff
by the late Mr.. Chamberlin, was taken
up at the adjourned session of United
States court Tuesday before Judge
Harland B. Howe.
An array of legal talent which is not
often seen in one trial was on hand to
try the case. Mrs. Simmons Is represented
by w. B. c. Stickney, Max l.. Powell and
$. r. Moulton, and the defendants have
as attorneys V. A. Bullard, r. E. Brown,
j. ]. Enright and c. p. Cowles.
The morning was taken up in an effort
to introduce certain books and papers as
evidence, and numerous exceptions were
noted by the defendants attorneys when
they were admitted. It appeared from
the statements, made for the defence. that
the Old Bee Hive was capitalized for
$4,000, in 1000 shares. Only 500 of these
shares were ever legally issued, according
to the defence, and it will be their
endeavor to show that the 200 shares
which Mrs Simmons holds were the 200
shares which were never legally issued.
The attorneys for defence claim that
the history of all Of the issued 800 shares
can be traced to their present owners
without break The certificate which
Mrs Simmons is said to hold is not legal.
according to the defences contention. The
bylaws of the corporation specifically
state that any certificates for shares shall
ho ator ND
treasurer. The certificate held by Mrs.
Simmons contains only the signature of
Mr.. Chamberlin, who was the president
and treasurer The signature of the secre-
tary is missing. All stock transfers must
be recorded. with the amount paid for
each, the date. and much other Informal
ton, which the defence intimated would
be shown to be missing from the books
when 1t came to transfer to the then
Mrs. Chamberlin.
Mr.. Stickney for the plaintiff said that
1t would be shown that Mr.. Chamberlin,
to the best of his intentions, gave Mrs.
Chamberlin or Mrs Simmons a stock
certificate for 200 shares. He would even
show where the certificate had been torn
from the stock book. Even although there
might be fault in the certificate, the in
tent was so plainly evident that no ques-
ton could be raised. The certificate made
out to Mrs Simmons was in the hand
writing of the late Mr.. Chamberlin.
deposition was read from the Rev.
Charles Chase Wilson. now rector of the
Church Of Our Saviour in Roslindale,
Mass. He was formerly assistant rector
of st. Paurs Church in Burlington. The
deposition states that on one night, early
in 1912, Mr.. Wilson arranged a meeting
l l.
parish house. He left them alone together
in his study and heard nothing of the
conversation which took place between
them. They talked. he thought. about an
hour and left separately. Mr.. Wilson'S
object was an attempt to bring about a
reconciliation, as he knew there was a
divorce case pending. Mrs. Chamberln at
that time was a frequent attendant at
MS church and had taken instructions
| toward being baptized. She was never
baptized. however
Mrs. Simmons present husband Is a
young man in the aviation corps and is
unable to testify as this is the last week
of the school and it would be a difficult
matter for him to get away. He is now at
Columbus, Ohio, and Mr.. Stickney stated
that he would be able to be here next
week If there were any necessity for his
being present.
Judge Howe expedited matters as much
as possible. some times getting at the bot
tom of things by questioning the wit
nesses himself This was especially true
when question as to the genuineness of
some books came up. Attorneys for the de-
fence, witnesses and almost everybody
else expressed doubt as to whether the
books were those of the Old Bee Hive
Judge Howe thought somebody ought to
know, or couldn't understand just how
they got into the case. He then did some
examining himself and learned from Paul
Chamberlin that the books were all right
after attorneys for both sides had spent
an hour on the subject.