was the property of your petitioner prior to the month of April, 1900; and which they claim to have sold in the month of April on said terms; but the said firm and the defendants have refused to disclose to your petitioner the names of the purchasers of said shares; although the usual practice of the stock exchanges, and of stockbrokers in the City of New York and elsewhere, requires such a disclosure. And your petitioner alleges and charges upon information and belief: That said alleged sale was fictitious and was never made. The said shares of the Boston Consolidated Gold Mining Company are now worth much more than the said alleged purchase price of the same.

X. Your petitioner has written several letters to said firm of & Company; and to said firm of & Company concerning their transactions with your petitioner; all of which are material as evidence in support of the case of your petitioner above described but of some of which no copies were kept by your petitioner. Amongst other such letters is a letter by your petitioner addressed to a member of said firm of A letter by your petitioner to A. M. George E. Armstrong & Company, certain statements of account. A of said firm of & Company

Company dated August 26th, 1889. Hallenberg, a member of said firm of dated on or about August 8th, 1902; letter by your petitioner to said written on or about May 24th, 1904. The letter books of said firms contain copies of letters written to your petitioner by different members and by different agents of said firms of & Company and & Company, at different times while said firms transacted business.

XI. Your petitioner is informed and believes: That all of the books of account, papers, letter books, contracts and correspondence of the said firms of & Company, and of & Company are now in the possession & Company, stockbrokers in the City of New York, the members of which are and said XII. After the dissolution of the firm of

of

& Company, on or

& Company

about January 14th, 1903, your petitioner saw some of the books of account of said firm in the possession of the firm of at Number 44 Broadway, in the City and County of New York. Mr. of said firm was manager of dissolution. James

& Company at the time of its of said firm was formerly a member of the firm The petitioner was told by the defendant Schir

& &

of & Company. mer on or about January 14th, 1904; that the said firm of Company had taken over the accounts of the former firms of Company and of & Company. Your petitioner has received at different times, what purported to be statements of her account with & Company, which were restatements of the accounts previously furnished to me by & Company, with some of the items charged against her by & Company, the correctness of which, she has disputed as above set forth. It is admitted in the answer of defendants herein that on or about September 30th, 1899, the said firm of Company was dissolved; and that the business of said firm was continued under the name

of

& Company. Your petitioner never received any notice of & Company; but since some time

the dissolution of the firm of

in April, 1901, she received notices, which contained the printed name of & Company with a red line marked there-through; and with the name of & Company written above the same, which notices referred to her account with said firm of & Company. On or about September 2nd, 1902, your petitioner received a notice to the fol

lowing effect:

"The firm of

of Mr. George E.

"44 Broadway.

& Company having been dissolved by the death the business will be continued at the above address

& Company and

&

XIII. Upon information and belief: That the said firm of Company and the defendants to this suit in equity have had considerable correspondence and exchanged letters concerning the account of your petitioner with said firm of & Company, and concerning the claim made against the securities of your petitioner, which were formerly in the possession of said firms and which are now in the possession of the defendants to said bill in equity; that all letters upon said subject received by said & Company are in their & Company, and

possession; and that all letters written by said by any member thereof to said defendants; and all such written to any one of said defendants, were copied, and copies of the same preserved by said & Company in their letter books, and on the correspondence files of the said firm. All such letters, and copies are material to the issues raised by said bill, answer and replication. Your petitioner has also written one or more letters to said & Company concerning said securities; which letters are material evidence in support of the plaintiff upon the issues in the above described suit in equity, one of which letters was dated on or about September 2nd, 1902. XIV. The said firm of

Gardiner

and James

& Company is composed of Charles ; all of whom transact business under said firm name at number 44 Broadway, in the Borough of Manhattan, City, County and State of New York; and all of whom, as your petitioner believes, live in said City, County and State of New York; and all of them reside more than 100 miles from the City of Boston, in the State of Massachusetts, which is the place of trial of the said suit in equity. XV. The said books of account, papers, letter books, contracts and correspondence of the said firms of & Company and of

& Company are material to the issues raised by the said bill, answer and replication in said suit in equity. Your petitioner believes that the testi

mony of the said

is material to the said issues; and
and
de bene esse,

and she wishes to take the testimony of said in accordance with the Revised Statutes of the United States. XVI. On October 7th, 1905, a notice of which a copy is hereto annexed marked A was deposited, postage prepaid by registered mail, the registration fee being paid, in the General Post Office, in the Borough of Manhattan, City, County and State of New York, by James A. Timony, a Clerk in the office of my attorney, Roger Foster, in a sealed envelope, addressed to John Stiles, Esq., attorney at law, 15 Milk Street, Boston, Massachusetts. Said Stiles has appeared as solicitor for the defendants in the above entitled suit in equity; and said notice has been duly served upon said solicitor, and has been duly received by him.

and

WHEREFORE, your petitioner prays that a subpœna duces tecum issue directly to the said -, directing them and each of them to produce before John A. Stiles, Notary Public, at the Postoffice, on November 10, 1905, at o'clock in the afternoon of

that day.

(1) All books of account, letter books, letters and papers, including orders for the purchase, and orders for the sale, of stock, which were formerly the property of the firm of & Company, and all such

which were formerly in the possession of said & Company, and all such which were formerly in the possession of any member of said firm; which contain any entry in relation to any transaction between Alice and said firm and all such which contain any entry in relation to any transaction between Alice and any member of said firm; and

all such which contain any writing in relation to any such transaction. (2) All books, letter books, letters and papers including orders for the purchase, and orders for the sale, of stock, formerly in the possession of & Company, which contain any entry in relation to any sale to Alice of any shares of stock in any corporation having a name containing the word Avino or any similar word as a part thereof; and all such which contain any entry concerning an alleged purchase on her account of any such shares of stock.

(3) All letters by Alice and all letters by Alice Company, including amongst tively addressed to

dated on or about August 30th, 1898; to

& Company, dated on or about August 26th, 1899, and to

dated some time shortly before June 21st, 1904.

(4) All letter books formerly in the possession of said

&

Company, which contain copies of any letters written by any member of said firm, and of all such which contain letters written by any agent of said firm to said Alice

(5) All books of account, letter books, letters and papers; including orders for the purchase, and orders for the sale, of stock, formerly in the possession of ——, & Company; and all such formerly in the possession of any member of said firm, which contain entries; and all such

which contain writings in relation to any purchase by said

&

Company, and by any member thereof of any shares of stock of any such mining company; all such which contain any charge against any member of said firm of & Company, in connection with any purchase of

any shares of such stock. (6) All books of account, letter books, letters and papers, including orders for the purchase, and orders for the sale of stock, which were formerly the property of the firm of & Company; and all such

& Company; and

which were formerly in the possession of said all such which were formerly in the possession of any member of said firm, which contain any entry in relation to any transaction between Alice and said firm; and all such which contain any entry in relation to any transaction between Alice and any member of said firm; and all

such which contain any writing in relation to any such transaction. (7) All books, letter books, letters and papers, including orders for the purchase, and orders for the sale, of stock, formerly in the possession of & Company, which contain any entry in relation to any sale to Alice of any shares of stock in the Federal Graphite Company; and of any shares of stock in any corporation having a name containing the word Graphite or any similar word as a part of such name; and all such which contain any entry concerning an alleged purchase on her account of any such shares of stock.

&

(9) All letter books formerly in the possession of said Company, which contain copies of any letters written by any member of said firm; and all such which contain letters written by any agent of said firm to said Alice

(10) All books of account, letters, letter books and papers, formerly in the possession of & Company, which contain any entry in relation to any sale on account of Alice of any shares of stock in any corporation known by the name of the Boston Consolidated Mining Company; and all such, which contain any entry in relation to any sale on account of said Alice of any shares of stock in any corporation with any similar name, including all such, which contain any entry of

the name of the purchaser of the same.

(11) All letters written to

ten to any member of said firm by Alice
about September 2nd, 1902, written to
& Company; and all letters written to
; and all letters to

& Company, and all letters writincluding that dated on or & Company,

& Company by

& Company by

; and all let& Company by any

ters written to any member of said firm of of said persons, and by any of their agents, and by any of the agents of any of them, which mention, and all such which refer to Alice

and all such which refer to the said Federal Graphite Company; and all such which refer to the said Boston Consolidated Mining Company; and all such which refer to the said Avino Mining Company; and all such which refer to any company with any name similar to such names.

(12) All letters written to & Company by which in any manner refer to Alice ; and all such, which in any manner refer to said Avino Mining Company; and all such which in any manner refer to the Federal Graphite Company; and all such which in any manner refer to the Boston Consolidated Mining Company; and all such, which refer to any company with any name similar to the names of any of said three companies.

(13) All letters written to

& Company, and all letters writ

ten to any member of said firm by Alice (14) All books of account, letter books, letters and papers, including orders for the purchase, and orders for the sale, of stock, formerly in the possession of said ; and all such formerly in the possession of any member of said firm, which contain entries; and all such which contain writings in relation to any purchase by said and by any member

of said firm of any shares of stock of any such mining company; all such which contain any charge against any member of said firm by said in connection with any purchase of any shares of such stock. And your petitioner will pray, etc.

tion is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief; and as to those matters, I believe the same to be true.

'Alice

Sworn to before me this 31st day of October, 1905.

"B. B. HIGGINS," Notary Public, N. Y. Co.

FORM LV.-MASTER'S WARRANT OR SUMMONS.

[District] Court of the United States for the Southern District of

In pursuance of the authority contained in a decretal order made in this cause by the Honorable William J. Wallace, Circuit Judge, and the Hon