Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-06-24
SETTLED AS FRIENDS.
THE 6oNsAcK CIGARETTE coNTRo-
vsRsY ADJUSTED WITHOUT TRIAL.
The Plaintiff Makes an Overture, which
Major Ginter Accepts, and the
Suits Are Dismissed.

The famous suit Of the Bonsack Ciga-
rette Machine Company against the Allen
q Ginter, Incorporated, which has been
pending in the City Circuit Court for q
year or two, has been settled.
The case was to have been tried yester-
day, and many persons interested on
either side were present and ready for the
hearing to proceed.
Among those here from distance we're
Mr.. ID. b. Strouse. president Of the Bon
sack Company Mr.. 7. A. Krise. the secre-
tary, and Messrs. z. j. Folkes, James Clarke,
Major Peter j. otey, OF Lynchburg, and others.
when the suit was called at 1890 o'clock yes
terday morning these gentlemen were on hand
attended by their counsel. Hor. John W. Daniel.
nr a. y. Burroughs, Of Lynchburg, and Colonel
Major Lewis Ginter and Mr.. John Pope, two
members OF the concern OF Allen q Ginter, In
corporated, we're also present accompanied by
their counsel, Major Leigh X. Page, Judge Waller
X. staples, Mr. Beverly Is. Munford, and MAJOR
Charles g. StringfeIow.
On account Of the great importance attached
70 the case, the prominence OF both plaintiffs and
defendants, and the legal points involved, the
courtroom was packed with eager listeners, who
mad gathered TO hear the proceedings. which it
attendance Of cgarette-men and tobacco-dealers
was especially large.
SUMMARY or THR CASE.
The suit filed was by the Bonsack Cigarette
Company against the Allen q Ginter, Incor-
porated. IL prayed for debt 20 the amount Of
$4,000 owed by the defendants to the plaintiffs,
royalty for the use of their machines during pc
riod Of some six months next preceding the date
when the Allen.& Ginter, Incorporated, became a
part OF the American Tobacco Company.
This claim was not contested by the defend
ants, but they insisted that during a period OF
some iYe years the Arm OF Allen Ginter had
paid the Bonsack Company royalty Of thirty
cents per thousand for cigarettes manufactured
| by its machines when other cigarette-manufac-
turers were only paying twenty cents royalty for
| the same work, the benefit Of which reduction
| In charge, Allen a. Ginter contended, they we're
entitled 20 under their contract with the Bonsack
| Company, knowledge Of which deduction they
asserted had been carefully concealed from them.
ALLEN a GINTER's CLAIM.
The defendants claimed that the amount OF
| money paid 10 the Bonsack Company IN excess
| OF tho royalty at twenty cents per thousand was
| 100000, which the defendants held that they
| had right TO collect Of the plaintiff, less the
aforesaid claim OF $4,000, admitted TO be due,
| or on full settlement 20 recover judgment for
| $4,000, I'm favor Of the defendants.
| This claim Of the Allen & Ginter Company was
! denied by the Bonsack Company, and this con-
stituted the point in controversy between the
| defendants and plaintiffs.
ASKED FOR SPECIAL JURY.
When the case was called yesterday Judge
WellfOrd inquired II both sides we're ready 10 pro
| ceed. Each answered in the affirmative and the
| immense gathering fell complacently into seats
1 20 await the development OF proceedings.
Their anticipatiOns, however, for interesting
/ revelations we're shortlived, as Colonel w. w
| Gordon, for the plaintiffs, arose and requested
| the Court 20 have summoned special jury 70
| try the case. The defendants acquiesced in the
| motion and the Judge announced that noehinp
| further would be done until this morning, when
! the Jury would have been summoned.
CONFERENCE AND A COMPROMISE.
| Tho parties with their counsel left the court.
| room, and shortly afterward conference was
| held and an amicable adjustment Of the claims
| made, an announcement Of which was made tc
| Judge Wexford later in the day.
| It was known that the BOnsack people haC
| been discussing the advisability OF compromise
| Monday evening, but IL was doubtful II the con-
tending elements In the case would reach salts
! factory terms.
After the case had been postponed until thi;
morning the plaintiffs communicated 20 haloi
| Ginter their willingness 10 compromise the mat
| ter by paying % the Allen GinieI Incorporated
| a certain amount which has been kept pro
| foundly secret, and which after consideration
| was accepted.
| This viii end probably one OF the most cele
| brated suits ever brought in a Richmond court
| and many who expected TO have spent to-day In
| the courtroom listening to the able arguments OF
| such distinguished counsel as were representing
either side win be deprived Of that privilege.
| The Bonsack machines are still being used by
! the Allen a. Gnter Branch Of the American
| Tobacco Company. and Il IL stated that that or
ganization pays to the Bonsack Company now al
annual royalty Of S250,00O.