Daily Republican., 1888-12-03

]. 7. Mullin, the purchaser 81 SHERIFF.
sale Of the Eaville BuildlnE, ct the
southeast corner OF Sixth and Market
stfests, Was granted . writ Of posses
aion. As the leases undsF which the
dhieida' Library AaaooiAt on, W. q
Rohelen and W. I. Mcclure hold pos.
session Of para Of the building, and
also In other buildinRs on Sixth street
were made, subsequent 10 the execution
II the mortgage, under which the
property was sold, the Court decided
thai they do not hold good, aud that
Mr.. Mullln IL entitled to possession Of
the entire property.
Mr.. Mullin Is, however, enjolnei
from disturbing the tenants until March
2Slh, 1889.
A Jury wa then drawn and the case
Of the Wilmington Dental Company W
the Adams Express Co npany WAS tsken
mp for trial with 8. A. MAoAlliBter and
Anthony Higgins, Esqs for the plain
tifis and Levi o. Bird, EsQ., for the de
PENDANTS.
ThlA IL an action to recover for the
value Of the following goods shippsd by
the plAintih COMPANY through the de-
PENDANT company 10 the following par
ties: On May lOSh, 1886, q quantity OF
teeth valued ct Sl6s, 10 New York for
Ieshipment 10 sdamund PAppenhsim,
Berlin, Prussia. October 6.h, 1885, q
shipment Of tooth valued 81 eA7A SO,
consigned to New York for EeshiVmsnt
to Paul Bass, Berlin.
November 8ih, 1885, another shipment
Va Ted 81 sos consigned 70 ] l.. Brews
ter, g.. LouiS No. II 10 alleged that
none Of thesa goods reached their dea
tlnatlOn, and the company oiAlms
eBl080 The case WAS stated 70 the tuTy
b. 9. A. MAoAllisteF, E.Q., after which
ths eSAmin ton Of Witnesses was com
menosd By Mr.. Higgins.
Michael a. Mooney was sWoEn, and
testified that In 1885 he was employed
By the Dental Company, and packed
the GOODS for shipment by the Adams
Company. A book Of receipts was
shown the witness, and he Identified
several Of them As being received from
the Adams Express Company. He nj o
described how, under the direction OF
he express company, he marked pack
ages hloh vera intended for 70 ship
ment.
On otoEhexamlnAtion by Mr., Bird
he witness admitted that where the re
csipts were siRDed with . lead peucll
| By abe express messenger he had traced
II With ink and erased the lead pencil
marks.
MI. Mooney Wss then recalled and
shown . letter press book, In which he
Identified copies Of the bills and letters
sent TO tho parties to whom the good 8
were shipped.
john h. Moore testified that In 1888
| be was . boohkBeper for the Dental
Company and charged the Roods 10 the
parties to whom they we're shipped
John L. Brewster tastided that he 10 .
| travelling sAlesmAn for the Wilmington
Dental Company And was In lhtlr en-
pl0y in Novsm Der. 1888. He was in et
Louis in November. 1888, and did not
receive any goods shipped to him By
the Wilmington Dental Company.
90 CONTAMINATION he said that he
did not irquire about the goods At the
Adams cypress ofioe, but inquired NJ
he s.. Louis Dental Company.
MT Mooney wAA again recalled. and
testified that en- November 8. 1855. he
slipped box ms; ked y. l.. Brewster.
g.. Louis" and in one corner "OAro Of
81 Loujo Dental Company"
Mr. Aaoallister then read the tsatl-
moDy Of john Murphy, taken by . com
mission in New York, IN which he RAid
that hs 10 An empoYe OF the OonBAnto
Rapid Fore ga Express Company Of
No 1913 BfO4d 1ay, New YJIk, TO WBon
part Of ths pOcds we're ssnt through
he Adams EEprelB ComIAu for 70
shipment 10 Berlin. He testiHei thai
the goods were never received by hit
COMPANY, ~ he IL the bOokkseper and
.hsy oonld OF have been received with
out his kBoWldGa
The testimony OF other Witnesses.
heRrd In B. L0Uis by commission, va.
Also read by Mr.. Mat alllsteE, howlns
that tho gcodB ehipped 10 that city had
never e received
Mr.. BraEsssr was TtoAlied, and i5eu.
iifea letter which he had sent from
s. Louis ordering the goods. and 1t va,
offered In evidence
DR.. Jacob A FrAuiz testified that ht
is The PRECEDENT Of the Wilmington Dsu
tai Company. He Was shown the sig
ma utss Of George Hall, the 6xpEes'
ussseugtr who received the goods, a1d
was positive they we're 10 his hand " rlt
ing.
5tSnsbury ]. Wiley testified that b,
. the treasurer OF the WilmiD atom Dsl
and treasurer. He also Identified q
signature OF Hall ~ being genuine.
Tue plaintiff closed for the ptessu
With this WitnssF, aud Mr. B I'd mad,
bis opening to the jury for the dsfen
daLt Hs claimed that the Adam
Express Company had never received
tao goods, and said that 10 would b
5hDwn thai ir quenily, when Hall call
cd 1t the factory, the RoolB were 20
ready, and that these very goods whiol
II WAS olAimst the COMPANY have lost
were sent TO the express oh1ce by ma
employ cd by the Dental Company, VIII
WAS Afterwards convicted Of robin
hem. MT I'd tte1 commenced I'll
examination of Witnesses.
Clerk of Peace q. X Cochran va
called 10 show thAs SilAa Murray, o.
enploye OF the Dental Company, hAt
been convicted Of robbiRR them, Whe
Mr.. Higgins Obi oted, and Grg1sd 70
soma tlme AgAinst suoh evidence beln
admitted as evidence, At / O'Clock
TEcess Eaa taken until 90 oek.