Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-12-04


| tinued at Tuesdya mornings session of
superior court. Richard w. Kelley,
who did the painting of st. Paul's
tract was finished August 25th, 1888.
He testified to changes ordered by d. j..
Mention of the building committee, and
| did not know that Dillon, the contractor,
had any knowledge of the change hav-
ing been ordered. There was other
testimony about the delays occasioned
by the changes ordered by the com
mittee after the commencement of the
work, and Contractor Dillon said the
delays cost him about $500. In answer
to Mr.. Birds query for the details OF the
loss, he said he could not give them, but
knew he was about this much out when
he paid the bills.
The plaintiff here rested.
Mr.. Bird, for the defendants, sub
mitted motion for non-suit. He said
the plaintiff had testified that he exc
cutctl a release of the building from all
liens of any description, and in his
pleadings there was no intimation that
there would be an attempt to set aside
the defendants plea of release on the
ground of fraudulent representation.
The trial of the case was the first init
nation the defendants had Of the plea Of
the fraudulent obtaining of the release.
He also claimed that the plaintiff had
submitted no proof that Father Fallon
and Messrs. Mention, Messick and
German, the building committee, were
agents of the church for the construc-
ton of the school building; also, that II
was not stated in the plaintiffs declar-
alton that the plaintiff was the contrac-
tor for the building, as required by the
statute.
Mr.. Lore replied to Mr.. Binds grounds
and the court, after consultation, re-
fused the motion for non-suit.
The defence then opened. Mr.. Bird
claimed that the contractor was very
inefficient, sighted his work, and re-
quired the constant watching of the
building committee to keep him up to
his contract. Also, that with the ex-
ception of the gas fixtures, the changing
Of which caused a delay of only three
hours, not change made by the com
mittee caused single hours delay in
the completion of the contract.
Dennis j. Mention, chairman of the
building committee of the school, took
the stand and testified at length that the
changes made by the committee did not
delay Dillon in his work. The changes
in the llues, he said, were made because
the work was not done according to
contract. He instanced numerous short
comings in billions manner of doing
his work, and said he delayed the com
pletion Of the building fully eight weeks
For this the committee decided, IN ac-
cordance with the terms of the contract,
to deduct 5000 from the bill.
Mr.. Mention was on the stand for
nearly two hours, and in the course of
his examination the entire construction
of the building, from cellar to roof, was
gone over with the minutest detail. He
said he had, on three occasions, warned
Dillon that if he did not hurry up the
forfeiture of his money would be in
sisted upon. He said Dillon signed the
release without question.
Pending his REORGANIZATION court
took recess until 230 o'clock.
All of tho afternoons session of court
was occupied with the suit over st.
Pauls parochal school, d. J. Mention Of
the building committee, was on the stand
nearly an hour longer, under crosse xami-
aation by Mr.. Lore of counsel for tontTac-
tor Francis 7. Dillon. George A. Messick,
another member of the building commit
tee, also testified that the delays for which
$500 was withheld from Dillon's pay were
his own fault and not due to any changes
in the plans made by the committee.
The Rev. Father NJ. X. Fallon of st.
PauIs Church. i'll the course of his testi.
mony, largely corroborntive Of that given
by Messrs. Mention and Aiessick, denied
the statement of Eugene NJ. Sayers to the
effect that when Sayres brought to him
f,. 1,,.
steam heating work, he told him il would
be all right, He said he told Savers, posi-
lively, that he accepted no orders, but that
he believed Dillon would pay him his bill.
He never in any manner assumed the pay
ment of this claim. Father Fallon said
that during the construction Of the build
ing he complained almost daily Of the
manner in which the work was being
done, In his estimation the building was
spoiled $1,000 by the manner in which Dill
Ion constructed 1t. On cross-examination
Father Fallon said that in his opinion
Francis T. Dillon was only the nominal
contractor, a mere tigure-head, the real
contractor being Patrick Dillon.
Court adjourned till 10 o'clock yesterday
morning
The tiresome mechanics lien case Of
Francis T. Dillon VS.. Bishops Becker and
Curtis. to recover balance of $500 on the
construction of st. Paurs parochial school,
gave some signs of drawing To an end at
court yesterday morning. There was more
testimony bearing upon the construction
of the building, but II was of very contra.
dictory character, one side Insisting that.
the building was all right and the other
side that it was all wrong. There was
much contention between counsel over the
admission of testimony.
With respect to the change in the main
stairway, Lewis Thompson, carpenter
I'll
the stairs, said he would not have given
snap of his finger for their safety had they
been constructed according to the originrl
plans. He did not think Il safe to build
them that way, and so told Mr.. Dillon,
whereupon they were changed. In his
opinion the change was undoubtedly for
the benefit of the building and added to
the safety Of its occupants.
Ammen Eokman, a carpenter employed
upon the building, said the work was done
in flrgt-class manner. He and others
also testified that between the 4th and 10th
of July men were constantly employed
upon the building In numbers ranging
from four to ten or dozen. This WIS In
contravention of the testimony of d. ].
Mention, who said that during this period
there were never more than two men at
work.
The plaintiff was recalled, and said that
some of the objections detailed by Mr..
Mention were never mentioned to him
while the building was in progress and he
heard them for the first time from Mr..
Mentions lips yesterday. He also said
that he and Eugene Sayers had an inter
view with Father Fallon in his study with
reference to Sayers Brothers claim for
plumbing after he signed the release,
Father Fullon had testified that he did not
recOllcct of such an interview.
Evidence was still being heard when
court adjourned for the noon recess.
RIVER NOTES.
The Nova Scotian bark Sodium has ar