Johnstown weekly Democrat. (Johnstown, Cambria County, Pa.) 1889-1916, 1890-06-13

there were lines or lands not pointed out,
and if Mr.. Mckay did point out lands not
belonging to the decided property and thus
made Anderson believe he would get
lands not included in the Young property
and on the strength of which he made the
purchase, then the defendant is entitled
to a rebate in his payments. This and
other points enumerated are in contro-
versy and are matters for you to de-
eide.
After being out an hour the jury re-
turned with a verdict in favor OF defend
ant.
The next case called up for trial was
Philip E. Chaplin VS.. the Cambria Iron
Cambria Iron Company. Attorneys for
plaintiff, W. H. Rose, Esq, of Johnstown,
and Judge Orvis, of Bellefonte; attorneys
for defendant, COL ]. P. Linton and Cyrus
Elder, Esq, of Johnstown, and S. S. Blair,
of Holhdaysburg.
The following jurymen were sworn in
as arbitrators of the case JohD Frank,
Johnstown John Itell, Portage town
ship; Joseph Criste, Washington town
ship; David A. Garman, Susquehanna
township; John Friedhoff, Conemaugh
borough; Herman Ribblett, East Taylor I;
Geo, B. Oatman, East Conemaugh; James
A. Wherry, Ebensburg borough; Lewis
j.. Bearer, Susquehanna township, Will
liam Stutzman, Millville,; William Nc.
Cough, Croyle township; John Platt
Elder township.
W. H. Rose, Esq, addressed the jury
in behalf of the plaintiff, explaining to
them that this suit was brought against
the Cambria Iron Company by Mr.. P. E.
Chaplin to recover portion of his salary
still due him for services rendered while
in the employ of said company,
Previous to his engagement with the
Cambria Iron Company Mr.. Chaplin lived
in Cleveland, o. He was called upon by
Daniel ]. Morrell, of the Cambria Iron
Company and offered a salary of $1,000
per year as General Manager of the Gau-
tier Steel Works. After due considera.
tion Mr.. Chaplin accepted the offer and
assumed his new duties at Johnstown on
March 1, 1881, and performed these duties
and the duties of General Superintendent
OF the same nearly three years. In the
meantime the Gautier Steel Works be-
came the property of the Cambria Iron
Co. and Mr.. Chaplin was solicited to
assume the general management of the
Cambria Iron Co.'s works at salary of
$4,000 per annum. He became General
Manager the first of January, 1884.
Neither while he was Manager and Gen
eral Superintendent of the Gautier Steel
Works nor General Manager of the Cam
bria Iron Co. did he receive the salary
stipulated in agreement. That he is
entitled to it in full we will proceed to
show you by evidence and then ask that
your verdict award it.
MIR. P, E. Chaplin, the plaintiff, was
then called to the witness stand and testi.
fed that D. ]. Morrell went to Cleveland
to see him on January 81, 1881, to- have
him come to Johnstown to assume the
general management of the Gautier Steel
Works. He came to Johnstown on Feb.
ruary 7th to look into the matter still
further, and engaged, as solicited, the 1st
of March, 1881, at a salary of $4,000 per
anuum. The 1st of July following the
Gautier Steel Works became the property
of the Cambria Iron Co. He held the
same position and that of General Super.
intendent until the 1st of January, 1884,
when his salary was raised to $4,000 per
annum and he was made General Manager
of the Cambria Iron Co. In all its depart
ments. While working at a salary of
$4,000, the annual payments due him
fell short $4,000 per year and subse-
quently each year there was deficit of
$1,000 or $4,000 in round numbers, max
ing in all about $4,000.
Adjourned to meet at o'clock We'd
nesday morning.
WEDNESDAY MORNING SESSION.
Court c llled at 8 A. NJ. Judge Krebs on
Bench.
Cross examination of P. E. Chaplin by
Counsel for defendant. The plaintiff said
he was not aware of Mr.. Morrell inform.
ing the Cambria Iron Company that be
had made no arrangements for his salary
and that it should be fixed by a board of
the Company; did not borrow $1,000 from
Mr. Robinson and promise to repay it
thinks he said it would be disposed of
some way during the year; was appointed
General Manager of the Cambria Iron
Company by Mr.. E. Y. Townsend, Presi-
dent of the Company was not present
at Board meeting, and do not know at
what figure salary was confirmed; Mr..
Townsend wrote him January "a, 1884,
that his account had better be kept at
Philadelphia and asked for a statement
from him. After Janutry, 1884, was paid
salary by checks from Philadelphia
Vouchers were then produced by counsel
for defendant, showing receipts in full
for each months salary witness
acknowledging his signature to each one,
| from January 1884 to end of wear 1887 :;