The daily gazette., 1882-12-30
rHE aEyBol.D CASE.

-
terday afternoons proceedings in the Hey
bold case in tin. .Unlted States Circuit Court.
wnus Fl. Blanf was called as a witness
M Nj. Bsiss explained ,hat BON the Wit
nesses TO the orisinal contract were dead,
and the witness was called 70 prove their \
handwriting. The signatures and contract
being admitted by the defendant, Mr.. Bates
then read that paper, which was put IN ev'-
dencc.
,Toaeph A. Stewart, sworn---He was shown
n copy of a paper which he served upon
General Cadwailader, President Of the New |
York and Baltimore Transportation Con- |
many. and which he identified, 1t was . |
hoticb from Anthony Reybold, setting forth
that. a. he felt entitled 70 damages from Q
breach OF contract BY the company, he had
appointed Christian Febiger as his referee,
! according TO the articles Of the contract.
Defendants counsel admitting the serv-
| ing az the paper, which was offered In evi-
| dence after being read ls
Anthony Reybold was called TO the stand
and sworn.
| Mr.. rird asked bin concerning property
1 owned by him III the "dities," wuen Mr..
| GRAY objected on the ground that the ques-
| tion was irrelevant, no breach of contract
having been changed until 1851.
Mr.. Bird explained that he wished 70
show the grounds upon which the contract %
was made that Reybold owned, In 1883,
land along the rivers before referred to; !;
that be had in contemplation the establish
tneft OF a line Of boats that Reybold was
prevented by the defendant company from
II Establishing line In opposition TO 1t; that
II was necessary for the jury TO have q
: protcr understanding Of the contract, to 90
back and show that Reybold was making
an arrangement 10 run the rfvere.
Mr. Bayard replied, and said he vas not
! surprised at the question as Mr. Bird had
! pIyen some iutimation Of II on his opening.
fIo, Bayart, had nothing TO do with Mr..
Revboid's fortunate or unfortunate invest
I mepts. The only matter before the court
/ | was the contract and no one could tell the
I motive which induced that agreement.
:, What prompted Mr.. Reybold 10 make the
contract was not before the court, and
y would never be know. There were plenty
n OF contracts made which the parties making
d them could not give reason for signing
r. man must rise or fall with an agreement
made under his own hand and seal.
y The court decided that as 1t had been ad
d mitted by Mr. Bird that no breach of con
's tract was claimed until August ., 1861, I
was irrelevant 10 ask the condition OF tn
. | plaintiff before that time.
Examination resumed Began running
boats in 1859 as soon as ice was out OF the canal
~ I uUtleT tDt fOuLluCL ulAut WIN Nuc NoAShNoA'
ID company put on the Widen bought her II
K August, iS5S ; ran her through 1889 frou
!. the head of Sassafras river, Georgetown
+" stopped at Fredericktown, several smal
&c wharfs, one on the Cassidy farm 80 lee
+ front was stopped also by parties in scows
at then stopped st Beattertown At the mout
a. OF the Sassafras /; afterwards at job
y Reynolds's, on the Elk river, and Tow
~ Point the boat would 90 to Chesapeek
- l.1a al hf
till the ice stopped her made two trips
re week, except in the peach season, whe
er three round trips were made per week +; u
IL principal srtiolc Of freight was peache'
decidedly.
u Mr.. Bayard then interrupted BY sayln
Ill the questions were out OF order and coul
he not 20 before the jury, as the first breach I
m contract claimed was in August, 1851.
Mr.. Bird thought he was obliged 10 sho
90 that the route was established as per u
ho contract Of 1858 the commencement of Re
We bold's line II WAS only intended to sho
"a. that the contract was fulfilled and tho test
a., | mouy was not for damages The plaint
was then in a posi- ion 10 perform the GOV
n nant he had made In his narr the plai
tiff declared that he started the line
1858.
in The examination was allowed 70 go on.
,,r Mr.. Bird asked the witness If he ran &
ruled out Of order on an objection by N
les Gray Witness then said tnAt he ran /
rill boat until April 20, 1851 when she "
ON seized by the Government, in whose char
nd sne rcma,ncu, WIN VIZ , 'ne p.ii ,SaE w
'uo ness bought and put on the Diamond ST.
I'M 4 in 1882 ; made efforts 10 get boat In Il
through Captain Clark, but could not
one put on u boat on August FL 1852,
, IN being able 10 get Que before II was
Diamond State kept her until the pei
ahe season was through the Government Il
ses, took her in 1865 got the Widen for
!, in peach season from the Government otiicia
rth- did the same thing In 1854 and In, S65; in |
:, of came back and did the same thing with
81 VI Widen; in 1861 formed the Union Comp
egis- and nm, the widen. Decatur and Diam
,lied state on the company was composed
William and Barney Reybold and himself
In 1851 he received II = cents per basket
after carrying peaches the same in 1862
r,, 1868 in 1864 the price went up 10 Is ce
INV and in 1865 came down TO l2l5 cents
nate, 1896 at 1917 cents in 1867 all kind
urter prices were gotten, aud witness had 10 c
ainst Them for anything that could be had
,y 1857 defendant company's boats car
''' peaches at cents basket in 1861 Ia,
o., IN iendant company ran their beat, the
wallader.
:, Dy Mr.. Bayard interposed and said that
thou ownership Of the boats should be prove
g the the register kept by the government.
: re Mr.. Bates offered a number Of ccrtihC
TO show the ownership OF certain !
claimed to have been run by the deien
company in opposition to their agreemeI
At o'clock an adjournment was Il
II. 1, nntil 1890 O'Clock this morning.
adf