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Show iWEST CACHE SUGAR SUIT ISJXPEDITED ; Ten Witnesses for Company Com-pany Heard and Docu- i ments Are Admitted. I iDeal for Bonds Before Organization Or-ganization Recounted in Letters Read. i i- - i tuick time marked yesterday's pro-; pro-; ceedings before Judge W. H. Bramel of the Third district court, in the trial of the suit of the West Cache Sugar com-j com-j pany to' recover from J. A. Hendrickson, j land Lorenzo N. Stohl certain alleged, un- declared profits incident to promotion of j the sugar company. I Ten witnesses for the plaintiff com-j com-j pany w-ere examined and numerous exhibits ex-hibits of documentary evidence admitted, admit-ted, the most noteworthy of which were read into Uiu record by stipulation to obviate ob-viate the calling of authenticating witnesses. wit-nesses. Throughout the pleadings and trial the defendants have contended that they acted as individuals and not as agents of the company in negotiating contracts for purchase and removal to Cache valley val-ley of the plant of the Knight Sugar company, located at liaymond, Canada. The record shows that the cost of these contracts to the defendants was 53tit),JOO-and 53tit),JOO-and tiiat they were assigned to the later incorporated West Cache Sugar company for SuUy.uuo. Maintaining tlieir independence indepen-dence of any responsibility of agency to the company later incorporated, the defendants de-fendants have set up the claim that they were entitled to a "vendor's ' profit on the deal. Bond Proposal Made. Without explanation as to purpose, the following letter was submitted yesterday yester-day by counsel for the plaintiff and became be-came a part of the record along with others admitted by stipulation:. Logan, Utah, Dec. 18. 1916. Hon. Jesse Knight, Knight Sugar I Company, Provo, Utah: Dear Sir Those interested in the proposed sugar factory for West Cache in Cache valley have decided ' to have the West Cache Sugar company, com-pany, when incorporated, authorize , a bond issue of $300, UOU. The bond to be issued on or before February 1, 3 y 17, and to be a 6 per cent interest inter-est bearing bond, interest payable semiannually. The life of the bond is to be three years, but the sugar company is to have the option of redeeming re-deeming the bond at par on February Febru-ary 1, 1918, or any interest bearing period thereafter. Our purpose in writing you at this ! time is to ask that the Knight Sugar company, from whom we purchased j your sugar plant at Raymond, Canada, Can-ada, purchase one-half of this bond , issue for $150,000 at par in lieu of the 5150,000 which we are yet owing i you on the purchase price of the I plant and which is not interest, bearing. 1 i Trusting you will give this favorable favor-able consideration and that I may hear from you at the earliest - possible possi-ble moment, I beg to remain, sincerely sin-cerely yours, (Signed) J. A. H K X Dl I C TC SO N" , Agnt for the West Cache Sugar Company to Be Incorporated. P. S. Kindly address all communications commu-nications to . me at 600 Vermont building, Salt Lake City, Utah. Bonds Are Accepted. Likewise admitted to the record, the answer to the letter follows: Provo. Utah, Dec. 20, 1916. J. A. Hendrickson, Agent, West Cache Sugar Company to Be Incorporated, In-corporated, Care of Beneficial Life Insurance Company, 600 Vermont Building, Salt Lake City, Utah: Dear Sir We acknowledge receipt of your communication of December IS, requesting the Knight Sugar company com-pany to accept ?150,000 of C per cent bonds in iieu of the remainder of the purchase price of $150,000 for its sugar plant recently sold you. This is to advise that we will accept ac-cept the bonds as outlined in your favor of December 18, Yours very truly,- KNIGHT SUGAR COMPANY. (Signed) - By Jesse Knight, President. , Both thQ above letters were oj-iginalsi Carbon copies of several were admitted ! upon acknowledgment of Mr. Hendrick-; Hendrick-; son that the originals had borne his sig-i sig-i nature and been sent by him to the per-! per-! sons to whom, they were addressed in the j copies. Following is the text of one of the copies: December 7. 1916. Mr. William H. King, Salt Lake City, Utah: Dear Senator This will acknowledge acknowl-edge receipt of your check in amount of $12,500 as 50 per cent of your subscription sub-scription of $25,000 to the proposed Wes Cache Sugar company lo be incorporated. in-corporated. There is also a little .side matter which will be confined to our memory. mem-ory. Upon admission of the above, the following fol-lowing copy was submitted and admitted admit-ted upon Mr. Hendrickson's acknowledgment acknowl-edgment that the original of it, as of the above, had been signed and jsent by him: December 6, 0 91G. Farmers and Merchants Savings Bank, L.ogan, Utah: Attention Cashier Homer: Dear Sir Inclosed you will find two checks, one for $12,500, issued by William H. King, and one check for $2500, issued by R. A. Moyes. Be " kind enough to credit these to ' my account and mail duplicate deposit slip to J. A. Hcndricksoirr Logan, Utah, so that my stenographer will .find it and bring in my deposit book for record. Would Sea Records. Ben C. Rich, secretary of the West Cache Sugar company, was served yesterday yes-terday by the defendants with subpoena to appear in court with various of the company's records and papers. "Does the defense wish to subpoena the case out of our hands?" asked counsel coun-sel for the plaintiff. Counsel for the defendants de-fendants denied other purpose than to have the records available for examlna-j examlna-j lion. Counsel for the plaintiff expressed : willingness to accord access and the eourt i took tiie matter under advisement, ex-i ex-i plaining that Mr. Rich should hold him- self subject to the court's order. j I Joseph Jeremy testified that he had boueht stock in the company organiza- 1 I tion. on the understanding that no pro- , moters" profits were to be allowed and i 1 that the company had realized a good ' bargain in aci miring the Knight plant, i Henry Bair, a farmer of Cache valley, ; testified chat he signed the articles of ; incorporation at the behest of Mr. Hen- I driekson. only the signature sheet being ( ! submitted to him about dusk one evening i and hit signature being affixed in Jhe cowyard with a pen provided by Mr. i Hendrickson. be laying the sheet over . one of his knees to sign. Hair's s'gnature appearing well down on t he list, counsel for the defendants ' j seorned the idea that all of the previous ! ; signers had signed the detached sheet, j Then he asked the court to examine the i j fastenings f the sheets for any evi- i dence of their having been separated I after being once fastened together. 1 ! Article Photographed. j I While the articles were in the curt 'p ! I hands. Mi-. Stohl called counsel for the j defendants usiuo and spoke to him brief - I Ir. Thereupon counsel explained to the court that Mr. Stohl had explained thai the sheets had on-'e been separated from the fastenings for photographing and that request for examination by the court for evidence .of such separation w.uld therefore there-fore be with Iniwn, Other witnesses who tetifiwl during the course of the day as In having purchased pur-chased stock on ground thx-r reprocnta- 1 t ions were Will iam I tucl; enbi a u . Car! ' '. Schauh. Clifford C. Goodwin. John .Stew- , art. Joseph Williams, A. It. Watson. 1 M J i '. itobins'.'ii. and uwen -Wibekor, re- i called. |