New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-10
TUF HINKLE-THURBER SUIT
4 SEALED VERDICT CALLED FOR.

4 SEALED VERDICT CALLED FOR
rxE JrgY COULD NOT AGREE rEsrERpAf
DEFENDANT TEsTIfIfs
M INV, in the suit of A. Howard Hlnkle,
., Cincinnati 10 enforce an alleged guarantee
g.. ooo a,oft oiyen TO Charles L. Locke on
Noye,ohcr 81. 1886, announced late yesterday
- :, la not agree when scaled verdict
was ordered. ..-
ST., br Charles T. Locke and Endorsed by Mr.
u,r,,c was sent 10 St. Louis and was protested
uo ,oid the draft himself on December z, 1886
NJ lawrence began a fusillade of objections on
e. ,,cound that Mrs Thurber had guaranteed q
srac payabie on Friday" while the one in
onestion was payable On Saturday. MIR. Wallis
declared that most business men would not
make such defense. and had something to say
Of moral obligations. Mr.. Hinkle then got an
opportunity to swear that ON December y $50
be sent telegram to Mrs. Thnrber at the Palmer
House, Chicago, and he received an answer by
telegraph. Mr.. Hinkle's telegram read:
want something positive in regard TO twelve thou;
sand draft returned DO you guarantee payment
II so, how and whenl
MRS. TnURBER coUNsELs PATIENCE
Mr.. Hinkle said that he received an answer 10
this dispatch from Mrs Thurber. Mr. Lawrence
contested it's admission Then he demanded the
original telegram Mr. Wallis had it all ready
for him. and this was admitted the best evil
dence This read
Certainly. BE patient. Keep papers right se'.e
with McPhester you think wise VIII you ~iite
somethtng In condemnation Of recent malicious az
tacks National Opera Company IN cncago ny
enemies throu the United States thinking there
by TO deal the death blow to the enterprise Most
OF these emaDated from New-York CITY felt IL
was coming year ago III one way or ahoiher' Com-
plments q.
ending with the word satisfied being In a
coarse hand, subsequently identified as Mr.
Locke's. The second sheet and the signature
were in fine hand Mr. Hinkle identified several
letters which he had received from Mrs. Thur
br and as to the signature TO the telegram he
then said: l believe the signature TO be Mrs
Ihurber's" To Mr.. Lawrence he said that he
had seen Mrs. Thurber write her name once, on a
Mr. Hinl,le stated that he first met Mrs. Thurber
in 1886, after the formation Of the American
Opera Company He did not know positively
that Mrs Thurber the treasurer. lie had
been Informed by telegram that he had been %n
elected director - the National Company. lie
acted as the company and representative IN On
cinnati. He guaranteed TO pay one-half ITS loss
pad never been able to learn that the company
lost money in Cincinnati. He had had no state;
ment The receipts yer, $4,000 and the Local Sn
had expended $4,000 at the company's expense
10 fit up Music Hall in Cincinnati. On December
"a, 1856, he had received q TELEGRAM from MIS-
guarantee. Mr. Lawrence said he wished TO show
That Mrs Thurber had made the guarantee if at
-. The dcpoSiton Of Charles b. Locke taken in
March last, was then read In 1t Mr.. Locke
swore: Mrs. Thurber told me in Chicago that
she had received telegram from Mr.. Hinkle
similar to mine, asking if she was responsible
for the draft"
MRS TBURBFR's PROMPT ANswFrs.
Judge Coke denied Mr.. Waclmer's motion to
dismiss and then Mrs. Thurber, who had just
entered the room. was sworn. She was dressed
IN an olive green suit and dropped into the wit
nos "A bUSinPSS-llkP
sort of thing daily occurrence Her answers
were clear and prompt
Lawrence asked
" am" the reply.
The lawyer handed her the telegram OF Decem-
Der =, beginning: want someth hing positive
and asked Did you receive that telegram? ?"
The ncisive answer was, NeverT
The alleged answering telegram OF the same
date next produced, with the query In
whose handwriting is the first part of that tele-
gram
Il never saw IT," replied Mrs. Thurber.
Mr. Lawrence then offered the following tele-
Mr. Locke's." was the answer The rest Of
The telegram Mrs Thurber said in the hand
writing Of Mr. Jafray THE paymaster OF the
comnany)
CINCINNATI December "a 1886.
Jeanette NJ. Thurber Palmer House. Chicago
Imperative obligations Of mine demand that hayo
A. HOWARD HISKLE
CHICAGO, December "a, 1855
L. Howard Hinkle 1877 Walnut-st., Cincinnati
II you mean to draw personally, | cannot
respond. The indebtedness belongs to the company,
and return will advise you We have
had loss in Chicago your $4,000 would
have been paid and am OF for home and have prom
iscd to come back here last OF January, when hope
you Will help organize In Cincinnati. Our dlroc-
tors meeting Will be held Monday, and you will hear
from immediately sfterward With compliments.
JEANETTE NJ. THURBER.
Mrs. Thurber said she had never the draft
OF 81 2, 600, and had no knowledge TO when it
fell due
Your witness" said Mr.. Lawrence to Mr.
Wallis, ! have no questions" was the answer
and Mrs. Ihurber was excused after being In the
chair about five minutes.
MIR. Lawrence in summing up spoke Of the
suspicious character" of the telegram of De-
cember | 7. and Mr.. Wallis said that there was
"a hole for Mrs. Thurber TO crawl out of if she
were small enough" the ground that her
original guarantee was for that of draft
payable on Friday" when in fact II became due
on Saturday Judge Coke said that the jury
was only to consider the question Of fact whether
Mrs Thurber wrote the dispatch Of December
IL 1886.
The Jury out from 4:45 to 8 80 D. m
WHOM II sent in word that 1t could not agree.
Judge Coke had the jury locked up with instruo-
tons to bring in sealed verdict If 1t agreed.