The daily gazette., 1883-01-03
REPaINrEp From YEsTERoAY
THE REYBOLD CAsk.


D
Continuance OF the Examinaaaon Of the
Piaintiff--A Session Of Argument.
At IL o'clock this morning the examina-
fIon 0f Anthony Reybold was again taken
up in the United States Court befere Judge
Bradford. The four counsel for the defense
were present, but George II. Bates, ESQ,
for the plaintiff was absent in Dover.
After Mr.. Bird had asked two or three
questions as to what boats the plaintiff had
run in 1872 and 1875, he inquired Of the
witness whether he had ever chartered any
boats from the defendant company. To that
question Mr.. Bayarl objected upon the
ground that there was nothing in the con-
tract at issue touching upon that matter.
Messrs. Bird aud Bradford both argued
that the question was very proper one and
would come in sooner or later, inasmuch as
the defence might he made that when the
defendant company only ran their boats
uptn the Elk and Sassafras rivers at the
instance Of the plaintiff.
Mr.. Bayard then made few supplement
tarv remarks and the court ruled the ques-
ton out Of order as a question not proper
TO be put, as it would make another matter
10 he tried.
Witness continued From August 3,
1861, to the time Of bringing the contract he
had never, but once, and then by accident,
shipped through freight on his boats it
never occurred again SO far as he ever
knew he often protested to Mr.. Groves, the
agent OF the New York Company, against
running their boats ON the river; also com
plained of the running TO the captains OF
The boats, and on one Occasic he had a row
with captain he told Captain Moore that
he was an interloper, when the reply was
.'Hold on, sonny, we've too much money
for you I" that took place in 1915 during
the peach season the boats had the name
Of the company on the pilot-houses, except
the Vineland the defendant company
sent John A. Wilson as an agent
through Cecil county to solicit patron.
arc for the Baltimore and NeH
York Company caught him at a farmers
meeting in Cicilton when Wilson offered to
carry peaches for eight cents u basket; Il
was in 1887 and 1875; Wilson was on the
boat OF defendant during peach season
as clerk the clerk had all charge except thu
navigation Wilson was on both the Phil
adelphia and New York lines of boats a
different times I; the profits of the Weldon
netted me In 1868 about &c, ,Sl0.32, and tina
wear the Ida was alongside her or she woult
have done better; the Weldon's net profits II
1854 we're SIS, ,227 IA; in 1865 they wer
50, ,TOOhnd in 1856 only $4,000.
Mr. BayArd objected to the course oi
questions as not bearing on the contract.
Mr.. Bird said they intended 10 follow tn
matter up to show the extent of loss to the
plaintiff by the running of defcndant'i
boats.
His Honor decided the question to be
competent one.
Witness During the seasons mentione
the Fanny Cadwailader was continually o.
the river and carried more than the Weldo
naying more toll than the latter, the to-
through the canal was two cents per basket
in the figures given no account of repairs
taken; witness built and owned three of th
wharyes, and objected TO other boats stoI
ping, by letter; objected all the time
To the interrogatory whether the witnes
was fully prepared to carry the peaches froI
1861 TO the time Of the suit. Mr.. Bayar
objected, and lengthy argument, lastin
nearly an hour, followed, when His Hone
decided the question, ,as put,was an improp'
one, and the objection was sustained.
The witness said he had, with the d.
fendan. company, agreed upon certRi
tain scale of rates through the canal, an
when he asked if he lived up to that agre
Inent another objection was interposet
followed by argument, when the questic
was withdrawn.
Mr.. Bird then asked If the defendant hi
adhered to the rates as fixed and wheth
there was any departure or not, and il s
what 1t was The witness said the dana,
done through the canal was by the Phil
dephia Company.
At liz court adjourned until $50, VIII,
the examination OF Mr.. Reybold was r
sumed. Before the recess the witness sa
the Baltimore and New York Company h
not cut the canal rates, but at the atterno
session he stated that the defendant compa
had cut the rates.