Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-10-22
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The Case OF Herr vs.. Erantx Closed
and Rendy for the JurY.

IUB GHNe Oh IhBNE we FTAntX GIQAG0
and Ready for the jury.
The United States circuit court met
Tuesday morning, Judge Wales presiding.
The case Of Snyder vs.. Faro, action 10
! recover ON note for 5000 Hoffeclser &
lIoifecker for plaintiff and John Biggs,
Esq, for defendant was continued until
the Third Tuesday in January, 1856.
A Jury was then empnneled to try the
case of Homer A. Herr Va. DIR. Jacob +.
Frantz, action to recover on q note for
800. John +. Gator, Esq, of Philadel-
phin, and Walter Hayes, esq, for plaiu-
tiff, and Hoiiecker & Hoifecker for de-
PENDANTS.
This is case growing ont of the some
what famous United States and Mexico
syndicate, mining company located III
this city. Herr was treasurer OF thu COM
pany, and loaned = 900 TO DR.. Frantz,
tnling tho la,ter's note. Afterwards he
accepted from DIR. Frintz five shares in
the Mazatzel Mining Company. nj II rated
value of $500, and II liuw nUto for T700in
payment of the note. The defense claims
TINT Herr afterwards assigned the note to
the syndicate, as it WINS the syndicate's
funds he had loaned, and that DIR. Frantz
redeemed the note by paying the amounts
to the syndicate. Herr was called to the
stand, and detailed at length his trans
actions in the matter and his connection
with the syndicate.
At. o'clock court took recess for
one hour. Ess>s9s-
In the United States circuit court, in
the afternoon, the case of Homer A.
Herr VS.. DIR. J. f. Frantz was resumed,
and Oscar ID. McClelland of Philadelphia,
testified for the plaintiff, detailing Herr's
connection with the United States and
Mexico syndicate. He said he sold Herr
30 shares of stock, at $50 per share, after
which Herr organized the company in
Wilmington.
DIR. Frantz took the stand ssand detailed
his transactions with Herr. He first bor-
rowed 81 900 from him, and at the ma
turity of the note gave Herr five shares
of Mazatlan stock, at a valuation of $500
and new note for 800. This note was
transferred to the syndicate by Herr when
he made his settlement, and witness paid
the syndicate. DIR. Frantz denied that
any force or coercion was used in effect
ing a settlement between Herr and the
syndicate, and said that Herr turned over
all the property without demurring.
j. jackson Pierce testified that he was
a stakeholder in the syndicate. Herr was
treasurer, but his conduct and explana-
tions of his official transactions were not
satisfactory. Herr had received between
1000 and $4,000, which he claimed had
been sent to Clinton L. Rice, the agent of
the syndicate, who was prospecting in
Mexico. AT the instigation of the stock
holders Pierce went out and had an inter
view with Rice, who showed that he had
received from Herr only $3,075. Pierce
returned and reported his discovery to
the company and Rice soon followed and
surrendered his correspondence with Herr,
whereupon it twas resolved to depose Herr
as treasurer. On Saturday, September
I'd, 1882, Herr was visited by the follow
ing members Of the company: Clarence
II. Lobdell, Edgar II. Cook, j. jackson
Pierce, jerome b. Bell, DIR. j. f. Frantz,
Jesse X. Baylis, j. Bayard Pierce. Jesse
Bingham and Clinton L. Rice. Previous
to calling on Herr they held meeting
and elected j. jackson Pierce treasurer.
Herr, when confronted by Rice, made no
defense, and surrendered all the property
and papers of the syndicate in his posses
sion. Mr.. Pierce said no threats were
used, and that Herr not only surrcn iered
willingly but seemed glad TO do SO.
At the conclusion of Mr.. Pierc,'s test
mony, at 4.55 O'Clock, court adjn.une,
until 10 o'clock Wednesday morning.
At the session of the United States
circuit court, yesterday morning, the caseof
Homer A. Herr VS.. DIR. j. L. Frnniz was
resumed, and the testimony of jerome b.
Bell, Jesse X. Baylis, Thomas ID. Brown
and j. Bayard Pierce was heard for the
defendant. All testified that when the
stockholders of the United States and
Mexico Syndicate called upon Herr in
Philadelphia, Herr willingly delivered all
the papers and effects in his possessionas
treasurer, without the use of threats or
coercive measures of any kind, and that
the 800 note given Herr by DIR. Frantz
was included in the transfer.
The defense then closed, and the plain
titls offered some of Herr's vouchers, but
us they related to the Syndicate of the
Two Republics and not the Uuited States
and Mexico, they were ruled out. They
then offered the United States and Mexico
minute book, containing the record of n
meeting where consolidation with the
Two Republics was proposed and con-
sidered, and closed their case.
Mr.. Hoffecker, for the defendant, offered
to submit the caSe to the jury without
argument, but the plaintiffs objected and
Mt 11.15 o'clock Mr.. Hayes began lis adj
dress to the jury and spoke for 20
minutes Mr.. Hoifecker followed briefly,
and John +. Keator, ESQ, of Philadelphia,
closed for tho plaintiff, speaking until IL
few minutes of l O'Clock. Court then
took recess until 2 p. m.