Daily Kennebec Journal

LABAR CASE (Continued from Page One)

in connection with the Commercial Acceptance Corporation, is mentioned.

The wording of the subpoena is as follows:

STATE OF MAINE

Kennebec, ss.

To Burleigh Martin of Augusta in said County of Kennebec, Greeting:

YOU ARE HEREBY REQUIRED in the name of the State of Maine, to make your appearance before the Judge of the Probate Court of Kennebec County aforesaid, holden at Augusta in and for the County of Kennebec on the 22nd day of March, A. D. 1926, at ten o'clock in the forenoon to give evidence of what you know relating to an action or Petition then and there to be heard and tried betwixt Henry F. Cummings, Petitioner, plaintiff, and Eugene S. LaBar, defendant; or at any adjourned or continued meeting of said Probate Court for the hearing on said Petition;

AND YOU ARE LIKEWISE REQUIRED to bring with you and produce at the time and place aforesaid all books, papers, documents, writings and correspondence to, or from, Eugene S. LaBar, which are in your possession or under your control or keeping, including all of the above mentioned which came into your control or possession or under your keeping as counsel for Eugene S. LaBar; and particularly all books, papers, correspondence and writings relating to an amount of Five Thousand ($5,000) Dollars to you entrusted by said Eugene S. LaBar in connection with, and relating to, a certain corporation by you organized and called The Commercial Acceptance Corporation; and also all books, papers, documents and writings having to do with the organization of said corporation, subscriptions for stock thereto, payments for said subscriptions stock books showing issuance of stock, if any, to subscribers and all other books and papers relating to said corporation now in your custody or under your control, and all other deeds, evidences and writings which you have in your custody or power, concerning all the premises above-mentioned.

HEREOF FAIL NOT, as you will answer your default under the pains and penalties of the law in that behalf made and provided.

Dated at Augusta the first day of March, A. D., 1926.

GEORGE W. HESELTON

Justice of the Peace

Attorney Martin when interviewed last evening with regard to this development in the case said:

"I had acted as attorney for Mr. LaBar in a number of matters until a week ago Monday. I voluntarily on that day retired with the consent of Mr. LaBar before any of the pending legal actions were commenced and since that time I have had no connection with the case in any way. I turned over what papers I had to Pattangall, Locke and Perkins, with whom I had been associated on one matter. As to the Commercial Acceptance Corporation, this is a corporation which was organized by me as an attorney and which has its main office and place of business at Portland. Mr. LaBar on the advice of a friend invested $5000 in the corporation, which was paid into the treasury of same. I shall of course be very glad to produce any records which my office has relative to any business conducted for Mr. LaBar."

In connection with the service of this subpoena, Attorney Herbert Locke, of the firm of Pattangall, Locke and Perkins, who with Attorney Heselton represent Mr. LaBar, said last night:

"The subpoena served upon Burleigh Martin from the office of George W. Heselton, who is of counsel for Mr. LaBar, was only for the purpose of producing whatever information might be in his hands and was not intended as any reflection upon Brother Martin."

A sensational story in an out-of-state paper caused a big stir in this city on Monday although certain allegations in its columns could not be substantiated by any facts that have come to the attention of the reporters of the Kennebec Journal.

One paragraph especially is not borne out by the investigation of the case. This paragraph says, "Seeking a divorce on statutory grounds and cruel and abusive treatment, LaBar, who is 27 years old, filed papers on Tuesday in Kennebec county probate court, naming Lawrence G. Purington, wealthy coal merchant, as co-respondent."

The divorce libel, which has not as yet been filed, and would not be handled through the probate court if it were filed, contains no reference to Lawrence Purington or to any other man. The libel is made out on the customary form, in which the various grounds for divorce are printed and those not alleged in the particular case are crossed out. The alleged statutory offense was stated in the writ to have been committed with "one whose name is to your libellant unknown."