Daily Republican., 1885-05-19
AnInteresting Case
MONDAY AFTExNOON's SESSION
OF SUPERIOR COURT-MR.
NIELD'S DEFENSE.
TRIAL STILL CONTINUED.

The afternoon session of the Superior
Court convened at 3 O'Clock on Monday
afternoon, with Chief Justice Comegys
and Associate Justices Wootten and
Houston on the bench.
Immediately after the opening,
Austin Harrington, Esq, attorney for
the plaintiffs in the case of John X.
Calhoun IL Co, vs. Warren Harper e.
Co., commenced to read the correspond
bnce that had passed bet ween the plain
lifts and defendants in relation to the
claim.
He also read the deposition of julius
@. Berge, TO the effect that the Company
with which he had been connected was
not in any way indebted to the firm of
Warren Harper Il Co., and that they
had refused TO honor their draft. The
deposition further stated that the
Semple 81 Berge Manufacturing Com.
pany has not and never did have any
connection with John X. Calhoun &
Co.
Several other depositions were read :,
after which Mr.. Nields opened for the
defence, and claimed that the defend
ants originally bought Of the Semple
X Berge Company goods to the amount
of $603. 03, from which 10 per cent. was
to be deducted, leaving S542.73. A
further discount of 10 per cent. was
taken from this, leaving a balance of
$488. 46, and that instead OF the defend
ants owing the plaintiffs they were in-
Idebted to them, as they had paid them
1884. %.
He also claimed that the defendants
had an agreement with the Semple &,
Berge Manufacturing Company, by
which they were to have certain dis.
counts during period Of six months,
which did not expire until the latter
end OF Decem Der. and that this order
was given In the early part of that
month that the Company which had
brought this suit under the name OF
John II. Calhoun & Co., was in reality
the Semple & Berge Company, under
another name, and the change was ef'
fected for the purpose of aiding them in
violating the contract made with the
defendants.
He claimed that the alleged change
| of firm was only trick, and that the
correspondence Of John Il. Calhoun
& Co. was conducted in the same
handwriting, and by the same person
as that of the Semple & Berge Manu-.
facturing Company, on the same kind
of paper used by that Company. with
their letter heads, the only change be-
ling, that the name of John Il. Calhoun
IL Co successors to" was stencilled over
the letter head of the Company.
Thomas s. Brown was sworn, and
testified that he is member of the firm
of Warren Harper Il Co. He was shown
an agreement relating to the discounts
and prices between his firm and the
Semple & Berge Manufacturing Com
pany, which he identified as having
been entered into between the parties
This agreement was read by Mr.. Niolds
and showed that according to its term,
1.-THE Company allowed this discount
on all bills, but they mi ust be paid II
full at the time the goods were ordered
and the amount Of discounts would bt
returned by draft at the end of siz
months.
The witness was shown q number ol
letters from the Semple & Berge Com
pany, and those from John K. Calhoun
Il Go. and identified them as being In
the same hand dwriting. These letters were
signed " Semple & Berge Manu- factur
ling Co." or John X. Calhoun h Co, d
and mot by any one as secretary Oh
Treasurer, as is the custom with the
generality of business firms.
The testimony of this witness was
corroborated by Warren Harper, who
was subjected to long and searching
cross- * animation by Mr.. Nield's
This was all the witnesses examined
land at 5.42 O'Clock Mr.. Harrington
|opened his argument to the jury, ant
|continued TO speak until 6o'clock, wheI
Court took recess until 10 o'clock thiI
ImOrninp