The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-22
THE GAS CASE.

In the United States Circuit Court, Judge
Billings presiding, yesterday, was the third
day Of the trial Of the gas case of Atril vs.
Oglesby and Cassard good part of the
day was consumed in the skirmishing of the
lawyers on exceptions to evidence. Judge
Billings reeonsidered and modified his ruling
Of the day before on the admissbility OF evil
denee offered by the plaintiff, OF the damage
to his whole stock In the New Orleans Gas
Company, produced by the cloud thrown on
his title by the notice Of the defendants.
The latter then opened their case on the re-
convention claim. ~hereupon plaintiff +, at
torney excepted to the right ,sfdH parties to
ages; that their actions sholt . independ-
Cit. their liabilities separate, and there would
have to be separate verdicts against them.
On this exception arose long, and, to the
jury, reporters and bystanders, wearisome
discussion, which drove the Judge to recess
and his chambers to examine authorities.
Returning therefrom he gave learned rul-
ing against the exception, and then the recon-
veners, b ing on the track proceeded with their
testimony.
Dispositions OF several witnesses residing
In Baltimore were read, the general purport
of which was to show up Mr. Phpp, the mys-
FERROUS ferret Of Atril, rs he so styled him.
and yet who had represented him (AtriD In
bU6 purchase Oh Inc STOCK Oh the crescent Ctby
Gas Company, of which Atril finally turned
up the sole and whole owner. According to
these witnesses Phipp was In Baltimore very
insignificant purchaser, clerk or man of
all work for Atril, who lived In q fourth
story: made his marketing In small basket
never had larger salary than thousand
dollars year; and fetched and carried"
for Atril in all his multifarious operations.
And yet to him was driven in all the other
stockholders In the eitA ; and having hived all
the stock he delivered 1T over to his master.
Atrl, and then vanished from the scene of
his brilliant operations.
Among other dispositions thus descriptive
Of Phipp was that Of Mr.. Abe Patterson who
described himself as at present Judge OF
some ii ifunal LII Baltimore. and formerly a
real estate operator, broker and promoter and
negotiator OF great enterprises. Mr.. Patter-
SOD, in the pursuit Of the line of his business,
had been sent 10 this city by Mr. Atril to
manage the negotiation to buy the old gas
company's property and rights for the Cres-
cent City Gas Company, and testifies that he
conducted that negotiation up to the point
where 1t failed by virtue Of the old company s
refusal to accept $2,000,000.
Mr.. Patterson, however, deposes strongly
to the unreality Of Atrirs professions of be-
ing in the funds or having any purpose to
build gas works or lay down pipes; his whole
object was to drive the old company to pur-
chase the charter Of the Crescent City.
Mr.. Randall Higgins deposition developed
hhe ouiious idCt, tnhC ne Delng " NONRESIDENT
owner OF live hundred shares of the Crescent
City stock, was assessed SIG share on the
twenty-ninth OF March, after the agreement
OF consolidation or amalgamation had been
accepted, which he declined paying. He filed
the letter demanding this assessment, and
afterward compromised his case.
Mr. Levi Harris was then sworn and testi-
fled orally that he had been employed by MIR.
L. l.. Wibray, president OF the Crescent City
Gas Company, to purchase the stock OF the
company afioat. He gave q list of Il, 900 shares
he had bought up. On q question addressed to
him by the attorney for the plaintiff as to his
knowledge of the person for whom these
shares were bought and whether he knew of
Mr.. Wibrays connection with Atril, the law
yers got by the ears again and fell into
long wrange, pending or at the end OF which
the court adjourned to Monday next