Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1888-12-06

Tenants OF the savisic building
The Dental Company W, t.a
Adams AixpFcsx GoniDmnV.

NAHb a1AhAtA ~ ~ btAblA Gnu NUN cot 5fDtAe4
on motion Of Charles d. Lore, E,G. Three
tenhnts OF the building -thosniold5 Librarv
Association. W. q. n3boleu aud w. n Nd
Ciane have leases thnt do not expirA f1r
three or four years, hut as these le,..gs ,uar,
Effected subs qrsnt to the exeeutl, n OF tho
IootlRriR0 under which the building rns
eold AT shoti1's sale they do net hold good
The granting OF the witt OF possession was
accompanied hv stay OF Proceedings iintIi
March 25rh. 1859, by which time tho Ieteees
will have 10 III her vaeata or mako nav Az.
rangem snts with the present propri,tor.
The case OF the WilmiDgtot Dental Manu-
fHctuiing Company W. the Adams Expres.
Company war nexs called. g A Ngcplllstsr
and Authony Higgins. Esq.., TOR paiptlGl,
nDd Lew q. BIRD. Eco, for defendant. This
suit Ia made TO recover this value VI .oodA
shipped by the plaintiff, through Ia ia.
fendASG company. as follows NAV I0tb.
1856. 100 iull sets OF false teeth. yaiueA III
&l6S, 10 Nav Nok, for rfshlpnsnt m
SlgDund Pappenhelm. Berlin, prussis |:
DC ohar 6th 1886. shipment valued nj
9l7A.SS, 10 Nsw Yors for reshipmant 10 Pau
Buss, Berlin; November 8sh, 1855, shin.
ment valued AT $lbS. to ). l.. Brewster, d..
Louis, Mo. The goods were loet In shin
mont, and claim Is made for thelr value
qsiO.SS o'
Michssl A. Mooney, a clerk IN tho plain
tho employ, testified to packing tho teeth
sealing the boz, directing the package, Dc
livering II to the express driver aud taking
the receipt, for ihe shipment OF May 10 Ia
1856. Ha also testified to making tho 0thec
two Bhipments, and to obtaining duploafe
receipts rom agent y Il. Bor,s. of The ex
press company, q the European shipments.
come time In December, 1856, after IL was
aearned that they had not reached their
destination.
The recsipts were offered In evidence.
The plaintiff, after showing tbat the
goods shipped did not reach the con.
signeoR, rested and Mr.. Bird ia opening
for the defenco, said II would be- shown
IhEt tho defendant company did directive
the goods, That instead OF tEeif diver,
George Hall, receiving the oonstRnmeuts.
they were sent BY an employee of the n3utAi
Company who did not deliver tuen Rad
who was subsequently convicted OF roDbiug
his employers.
Clerk Of the Peace Z Il, Cochran was
called TO testify 70 the fact thnt Siias MIR.
ray. colorpd, an empioys OF ms De- fal
Company, was convicted OF tho lareany Of
goods from his employers. Mr.. Hlgalhf
objected TO the rgleva ncy OF tni4 testimony.
Tha court declared ths Testimony az,
missabie, and MIR. Higgins noted Gn ex,
cepfion,
Adjourned until 8 O'Clock, p. m.
Ia the case Of the Dental Manufec'ur.
ing Company W.. the Adams Express
Company, at the afternoons segsl0n OF
court, Dirk Of the Peace H. Il. Cochran
wns called by tbs defendant, ena
produced inc record OF the caurt OF gen
ersl sessions, showing the indictment auG
conviction Of Siias Murray, colorud, foi
larceny. Murray was an employe OF III,
dental company. The record was nd
mitted ia tYIdsace, MIR. higgins for Ii,
plaintiff, noting an exception.
Aitcr1ey-general BieRs WAS pext cslleC
and testified that Murray's off nee wh
the larceny Of platinum scfsp from III,
Dental Manufacturing Company.
Samuel b. Beta, sgent of the Adam
Express Company, Was called, ara NJ
Bird asked him il in the course OF bis q
years service With the express coz pauy
there had ever been any loss Of article
sntruste1 TO the company. other ihan Ia
tnfsS PACKAGES the plaintiff oompan
el9imei te cave lost.
Mr. .ngsiua objected TO the question
NIB Bird claimed that az this WEB d
sActlon against common carrier no had
riSht - show It's character for eli ,iel!
ss.Yics.
Tho court ssstained Mr. Higgins, oh
lection.
M Tatts then rsoduoed tho expires
S1mpsny's manifest books and SHOVE,
that there was no entry u the receipt o
the three missing packages Winch IA
plaintiff claims to have shipped, either b
the main office or the office y. the p, W
d b. railroad station
There was a manifess for shinmen
for October 9Th, 1856, of one box u Pau
BUGS, at Berlin. Tbs receipt in the pos
Ee6sion Of the Dental Company is for tW,
boxes, end Mr.. Bird SAID that the de
PENDANT would claim that in this reoeip
the II" had oeen altered into "a" 81
that it read q BOZ" and not 1.-TWO boxes
or two packages" For the one paekaR
that was shipped he eAid, the detendap
had receipt from the foreign express
company in New York, which hardl 4 III
consignment for resn;pment TO Berlin,
MIR bstts said that when complaint o
the loas of the packages wes received b
made a thorough investigation, but eoul'
not hegr anything about them from 40,
point along the line. 4hs company all
pIG one o. their detectives at work, bu
he oonld learn nothing.
Ex-Dhia, of Police Z J. Dougberty, o
Pipkerton's Detective Agency, Philadal
phia, sRld he investigated tue alleged los
Of the packages, ut the instance Of til
general kuperiutenden at of the express
company. He visited tho Dental Com
psny's Office and called Clerk Mooney
attention TO the peculiar condition OF III
receipts OF October 9Th, 1886. whsr
y boz" had apparently boon altered lat
20 hox.n
George Fl. Fall. driver Tor the Adam
Express Company, said he fTeq1en.l.
called NJ the Dental Cnmpauy's w9yas 70
ahipmeuts, and frequently, when til
Packages were not ready, CLERK Moone.
would tell them he wonld ''aerd then
down by Siiss," or by Que OF the IONS.
He frequently saw 5ilas Marray in til
shipping roam, nnd knaw that Muira
and other colored men often took pack
ages down to the express office for ship
ment. The witness examined the dentf
ccmpany's receipt booE, Gnd with respac
to the receipt Iof Tho shipment OF Ma.
10Th, 1856, signed with hts uala9, said b
could NOT positively say Whethaf he WEct
1t or not. lie said the same about tn
shipment Of November Sth.
William II, Tuna, route agent for th
Adams Express Company, investigale'
the alleged loss Of tho three packages i
aompapy with Detective j. Dougherty
bat learning nothing TO indicate that the
were received by the exprass company
He had known Sis9 Murray 20 deliYe
packages from the Dental Company a
Che express ofises.
Berry Bstts also teatifod TO the fact o
Rilas Murray bringing packag TO II
express Office for shipment, sad tho de
PENDANT closed.
IA rebuttsl, Stsnsbury ) Wiley teati
6ed that there he'd besn two shipment
~ Germany on October 9Th, 1855 an