The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-13
SUPERIOR COURT.
THE PRESENT TERM DRAWING
NEAR ITS CLOSE.


As soon as Court reconvened yester-
day afternoon the case OF Nicholus a.
Co. W.. The Wilmington Transfer Co.
was resumed, and Is. q. Nicholas was
recalled for ross-examination. In
answer to Mr.. Wards questions he
said that Mr.. Burtnett told him that
the only trouble about the carriage
furnished by his company was that
they did not have more of them, as
every ono wanted to ride on 1t.
Mr.. Johnson announced that the
plaintiffs would rest with this witness,
and Mr.. Ward made his opening to the
Jury tor the defense and then com
menced the examination OF witnesses
John Stuart testified that he has been
connected with the Wilmington Trans
fer Company since November 9, 1858.
The Victoria hanson was sent here
about that time, and 4 short time
afterwards an account of stock was
taken, when il was shown TINT the
coach was unsatisfactory.
james II. Caspeison testified that he
was connected with the Wilmington
Transfer Company in 1888, as general
manager, The general superintendent
hal no authority TO purchase II coach
or anything of moment. He rcmcnt.
bIACA NllOh bilC NlNlplh ht ittlalooIl NhS
brought here, aud that Il was very un-
satisfactory. He had rode In one OF
the hansoms In Philadelphia, when he
went up TO buy horses.
The Witness examined the coach In
every respect, but refused to enter
into any negotiations for its purchase.
Mr.. Gibbs the agent, then offered to
let the company have one of tho
coaches for thirty days on trial. and
said tliut II it did not provo entirely
satisfactory they could return it. In
seemed very anxious TO have ono Of
the coaches tried In Wilmington, and
1t was finally agreed TO give it u trial.
He afterwards saw Mr. Nicholas, and
he said he would like to furnish them
some more carriages.
He was not positive that he said
anything to Mr. Nicholas about tho
hanson thcy had, when he spok0nhout
selling them Somo more. When the
hansome was taken 1t was tho express
understanding that it should be on
trial for thirty days, and that II 1t WAS
not satisfactory it should be returned
at the expense OF Nicholas Il Go. When
the thirty duys expired the witness
notified the beard of directors. and Ind
q resolution passed Int it had not
proved satisfactory. liestheH had the
carriage tuken on and notified Mr.
Nicholas.
Enos W. Taylor testified that in 1883
he was d director and treasurer of the
Wilmington Transfer Company. lie
was present at tho conference with
Mr. Gibbs In Philadelphia, in reference
to the Victoria hansOln, und also rode
In one Of them. II was agreed at that
conference that Nicholas ~ Co. should
send one OF tho coaches to Whining
fan tInir ItNI ltN+
the Transfer Company, for thirty days,
but 1t was To be lett optional with tho
comrany whether Or not they bought
It.
Neither thn witness or any of the
Rentlemen that were with him had ANY
right TO buy the coach, or make any
bargain for 1t, and only gave permiS
sion TO have it come here, and il was
only at the earnest solicitation of Mr..
Nicholas, that he allowed ii to be sent.
The carriage would not seat but two
Eeop,c, ami was entirely too heavy,
Cor 5 ,quently the dlioetors ordned il
TO be tukeu OFF.
George u. Blizzard testified that he
had Charge of tile horses of tho Vii,
inlngtom Transfer Company Ia 1888.
He went to phllallelphia with Mr..
CaspcrsOn TO SEQ about buying some
horses. They met Mr.. Gibbs, aud
dlttf tukluB y llte III ono Ol lie
coaches liz offered To send one of them
to Wilmington Tor thirty days on trial.
The understanding was that the
coach should rrmnin the property oi
Nicholas " Go. fol hut time and that
IL would be optional With tlie company
whether they took IL OF not. The
coach came, but WIS very unsatisfac.
tory, as it was entirely too heavy aud
tho directors ordered 1t to be taken oil.
James L. Burtnntt testified that lie
never told Mi. Gibbs TINT The couch
was Satisfactory, neither did he cvef
say TO MI Nicholas that II he would
take stock In the Transfer Company
he wouid take two more OF the
coaches. The witness had no authority
to purchase any carriages, and was
positive that he never told either MIR
Nicholas OF Mr.. Gibbs that he would
take any of them. II was represented
to him that the coach was very unsat
lsfactory, as 1t was entirely too heavy
He told Mr.. Nicholas that they did moi
want tbs carriage, and he offered tc
SCI, .he,a Qihers.
he asked aif. Nicholas il, in case the
company decided to take any carriages
from him, he would take stock In pay
ment, as he Understood he had dom
this with other companies. At tina
time the Transfer Company did no
have any loo much money, aid III
wanted to see il MIR. Nicholas was sat
isfied to tnke stock i'll case the dirce
tors bought any Of his carriages.
At 4.35 O'Clock court adjourned unit
nfnlnssE ina