Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1886-05-20
THE END AT LAST.
CLOSE OF THE BRADLEY-KENT
OAsE-THE JURY RENDER
A Verdict for the PiaIntif-The Forbes.
Martin Case Row on TriaI--Court
Drawing to O Close,

Immediately after court recouvenef
yesterday afternoon the jury in the cas-,
of Caleb III. Bradley vs.. BenjanaiI
Kents executor was charged by tn,
court and retired Mt 8 25 o'clock,
As soon as this business was disposed
Of, proceedings were resumed In th,
case of Samuel ID. Forbes va, jaime,
Martin, ex-Sheriff.
Samuel d. Forbes WAS affirmed. and
testified that some years ago he was en-,
gagged In the manufacture OF wheels
hubs and spokes ON Maryland avenue,
in this city, but has been out of busines,
for the past six years. He owned and
used . hub lathe, a spoke lathe and
teneting machine, with fixtures.
After he retired from business these
machines were borrowed by Forbes g.
Banks, who were conducting the same
business over Market street bridge,
The witness did not lend them the ma
chimes himself, bat they were lent by
his representative. In the early part
OF 1884 there was another party who
wanted TO buy the spoke machine but
he did not sell to them. About April
25th, 1884, Robert Banks, of the firm OF
Forbes & Banks, came TO the residence
OF the witness, on West street above
Third, and made proposition to buy
the machines. They talked the matter
over and price was agreed upon, but
as Banks said they could not pay for
them at once, the witness declined to
sell unless he received the cash.
The price agreed upon was $3.50, and
Banks went away with that under
standing. Sometime afterwards the
1 - ffnaaa WA
Banks returned with notes drawn up
for the amount agreed upon for the
machines. He at first refused to accept
them, but afterwards concluded TO take
them, with the expess understanding
that Forbes & Banks were not to own
the machines until the amount agreed
upon was paid in cash. Before leaving
Bank asked for receipt for the notes
which the witness gave him, but he has
since learned that at the very time
Banks gave him the notes the Sheriff
was holding IN execution ON their
property.
The notes and receipts were prod uced
by Mr.. Spruance, and offered In evil
dence.
At the time the witness accepted the
notes from Banks, he did not know
that The firm wac in any pecuniary
trouble, and Banks told him that they
could pay the money for the machines
at once, but would rather use it In their
business. He first learned of their
troubles from William Forbes.
1t was but short time after he re
reived the notes tha. the witness
learned Of the executions against
Forbes q Banks, but could not get any
satisfaction as TO whether the Sheriff
intended to sell these machines or not.
He then called on the Sheriff, and stated
that the machines belonged TO him, and
advised him to take out q writ OF re-
plevin, which he did, and the Coroner
turned them over TO him.
The witness was cross examined at
length by Mr.. Nields, and afterwards
subjected TO redirect examination by
Mr.. SpruAnce.
Jocob Trusty, colored, was sworn and
testified that he was employed by Sam
uel ID. Forbes when he carried on bust.
ness In this city. He afterwards was
employed by his cousin, William
Forbes, and then by Forbes g. Banks.
He was not employed as common la
borer, but worked at turning on one Of
the machines. He went to Mr.. Samuel
Forbes to borrow these machines for
Forbes q Banks, but did not get them.
The machines were afterwards obtained
by Mr.. William Forbes. He remem.
bered when the levles were made, but
the place was not shut up until the
second levy was made. After the Arst
levy, Mr.. Robert Banks told him to get
all the patterns, and everything belong.
ing to the machines, and put them to-
gether as they did not belong to the
hrm but were the property Of Mr..
Samuel Forbes. Right after the first
levy, Mr., William Forbes went away,
and the witness did not know where
he was.
Mrs Maria @. Hartman WAS sworn :,
and testified that James Trusty came
TO get tie machines for Forbes &
Banks, and she refused to let them 20 =
but afterwards William Forbes came
himself, and she gave him permission
to take the machines, and afterwards
told Mr.. Samuel Forbes what she had
done. This witness corroborated the
testimony Of Samuel d. Forbes in re-
gard to his accepting the notes as So
curity for the machines. She also testi-
ned that 1t was distinctly understood
that Samuel d. Forbes was to remain
the owner Of the machines until these
notes were paid, and he also was to re-
ceive four sets of wheels. There was
nothing said about there being any ex
ecutions against the firm OF Forbes g.
Banks.
The witness did not know of anyI
trouble until one morning when Will
liam Forbes came to their house and
said that when he went to the shop to
go to work he found that Robert Banks
had put the Sheriff ON the place during
his absence, and that everything had
been levied upon. She also heard him
say to Samuel ID. Forbes, "Your ma.
chimes will be all right, 1 guess, won't
Mrs. Hartman was subjected to g.
long and searching cross examination
by Mr.. Nields, and her pointed answers
TO his questions caused considerable
amusement,
Alto 46 O'Clock tae jury was discharged
until 10 O'Clock this morning, and few
minutes later court adjourned until the |
same time.
A. $40 o'clock the jury In the case of
oaleb IL. Bradley vs, Benjamin KeDt's !
executor came in with verdict of
9soo o5 in favor of the plaintiff, which |
Is about $500 less than the amount
claimed.
Work Commenced.
work has been commenced on the
vanderbilt yacht at Harlan & Hol- |
hngsworth's, and the first frame was
soC up yesterday and IL ia thOu chit that