Show S WAN SWAN REPORTS TO BE EXHIBIT IN SUGAR SUIT r West 1 cst Cache Cos Auditor Discloses Payments Made rade Engineers Reports of D. D A A. Swan auditor en engaged engaged engaged en- en b bj- bj the tho West est Cache Sugar company com corn entered and andas andas andas pany were by 11 stipulation as exhibits yesterday in the tho trial of or orthe the tho suit brought U by tho the West CRt Cache Sugar company against J. J A. A Hendrickson Hendrick- Hendrick son soil and Lorenzo N N. Stohl Stoll The Tho suit uit which is being tried before Judge Willlam Willlam Will Will- Ul Ullam lam If H. Bramel of ot tho the Third district court court is for the recovery reCO of ot profits al alleged al- al to have ha been mado made by the de defendants do- do ten ants while they were engaged in promoting the plaintiff company The Tho reports disclose that all but hut 26 paid on the Lynch-Cannon Lynch En Engineering Engineering Engi Engi- l- l company compan contract which amounted to was paid u by checks of the West Vest Cache Sugar corn conr- pany Ian signed by HendrIckson as treasurer treasurer treasurer treas treas- with the exception of or paid nil Id hv by the after th the tHin of or n m the present t uI 8 suit Company x Payment Tho The which was the final payment on the tho contract made with the theL L Lynch Cannon Engineering company for the dl of the Knight plant in na Raymond mond Canada and the tho transferring trans trans- ferring to Cornish Utah litah was protested In letters b bj the tho plaintiff company compan which contended that this amount should bo be paid b by Hendrickson and Stohl An agreement dated July Juh 3 InS 1918 which was entered as ns an exhibit b by tho the de defense ense during examination cross purported purported pur put ported to have been enacted between the L Lynch Cannon Engineering company corn com pan pany and the tho sugar company compan stated that In the case of or tho the failure to pay b by Hendrickson and Stohl before December December December De De- De- De cember 10 10 1918 the tho amount would be betaken betaken betaken taken care of or by the sugar company compan W. W T. T Cannon testified that the en engineering en- en company compan looked to both Hendrickson on an and Stohl as well as to tho the plaintiff company compan to settle tho the final payment lie He admitted further after being questioned h bj by counsel for tho the pl plaintiff that their firm had never taken an any legal Jeg-al action against the two defendants to recover reco tho the mone money but had taken out a mechanics mechanic's lien against ag the property of or the West Vest Cache Sugar corn company compan pan y Paid on SU Subscriptions Tho The amount of ot was paid to the engineering company compan b by personal checks of hendrickson and ami Stohl according according according ac ac- ac- ac cording to tho the reports Ono One of or these checks for or dated December 6 1916 and signed ned tJ by J. J I A. A Hendrickson Was Wa an and two checks one for tor dated I February 1 1 1917 and andone andone one ono for dated September 13 13 IH 1917 were asked to bo ho pro produced b by the de do- do c- c Louse The Tho record further that 67 25 had been heen paid on subscriptions prior to th the incorporation of or the tho plaintiff company compan on December 29 9 1017 1917 Out of ot this amount it is 15 said said was paid by tho the defendants to cover payments payments pay pay- ments due duo on both tho the Knight contract and tho the J. J Lynch Cannon contract On March tarch 3 as set forth in tho the re report report re- re port ot or the auditor a a. check which was as entered as an exhibit was given I to tho the plaintiff company by for Cor which it was waN agreed covered the tho amount of or the stock subscription collections which HendrIckson had de do- do posited to his hla personal account On the same Bame da day ay a check of or the West Cache Cacho Sugar c company for tho the amount of or 4 was made out to Hendrickson Hendrick- Hendrick son on and ad on April 30 30 1917 1117 a check for tor O 0 was mado made out to Stohl by the tho plain plaintiff tI t company compan hendrickson Made Inde First Payment nt Tho The sugar company allege that Hendrickson Hen lien took a 11 chance chanco with his own money on November No ii 11 1916 when he mado made tho the initial payment on the contract contract con- con tract with tho the Knight Sugar company amounting to At this time it Is 18 B contended by the plaintiff company that hat Hendrickson had chocks checks for tho the amount of or over and subscrIptions subscription tion amounting to nearly OOOO During the morning session Ben C. C Rich tich secretary ry of the company underwent underwent un un- un- un derwent a a. examination cross during which tho the defence e tried to show that Rich was not 5 a proficient shorthand writer Ho was requested to take dictation dic dic- tation by Thomas ThomasI M I counsel for tor tho the When a controversy arose as to lo tho the speed with which tho the dictation was being given g Judge Bramel decided that the attorney was talking about as rapidly as he did at any time in court The speed test was waR apropos of or a declaration n made mado b by Rich that he had hacI taken the conversation between E. E R. R W and Hendrickson at a meeting of or the stockholders at Logan Lo-an at which time the control of ef tho the company waa wae taken over b by Woolley D. D A. A Swan the auditor was still sIll R In tho the witness wite stand when court ad adjourned adjourned ad- ad at C s j The Tho trial will be bo resumed this morning nt at 10 |