The Newtown bee., 1891-07-31
The Gregory, Ballou & Co. Claim
Against Elon.

The hearing on the claims of Gregory,
Ballou & Co. against the estate of Elon
Booth was resumed, after lapse of about
eight weeks, on Tuesday of this week at
the commissioners rooms in Bridgeport.
During the intervening time, dispositions
were taken at Oil City, Penn, and in New
York city. The first witness on the
stand, Tuesday, was Curtiss P. Gately,
who was questioned at some length in re-
gard more particularly to the hypothe
eating of the oil certificates held by Greg
Dry, Ballou & Co. in favor of Charles
Jonas and to which the witness testified
that there was such hypothecating of
certificates by them in several transact
ions, which were duly cited. The depo-
stion of Frank G. Ridgway, registrar of
the National Transit company and GUS
todian of its certificates, taken at Oil
City, Penn, was then introduced. The
object of this deposition seemed to be to
show the origin, scope and nature of
these certificates or acceptances, the part
they take in oil transactions and to trace
them in all their various ramifications
from the time they are issued until they
are at the last returned to the company
cancelled and no longer of any use. They
are locked in the vaults of the great cor
poration, only to be referred to- in the
presence of some member of the COM
pany and in no case to go out of their
hands, unless III obedience to the de-
mands of some court whose mandate
must be obeyed. After the reading of
the deposition, counsel for the estate
took exception to its being received in its
entirety by the commission, on the
ground that, inasmuch as it was claimed
that the original certificates were still in
existence in the vaults of the company,
they should be produced and lin so far as
secondary evidence was concerned, it
should not be allowed, where the certifi-
Gates in dispute were in existence and
could be brought forth by the proper
process of law. Lawyer Tweedy argued
the case in question with great force and
clearness, citing many cases to sustain
the points of exceptions made. Great
pains were taken in covering the whole
ground and the strength of the arguments
seem to show that counsel regarded the
decision Of the commissioners as of great
weight in the case.
Lawyer O'Hara, counsel for the prose
cution, showed himself equal to the occas
ion and, in an argument Of over an hours
duration claimed, among other things
that the claim against Elon's estate was
not based on the oil certificates in the
least, but on the papers which Jonas
signed and which Elon signed as guaran
tor and that the burden of proof to fur
! nish the certificates of the Jonas tran
| saction rested upon the defense. Th,
: principal reasons given by Lawye
: O'Hara for taking the deposition in ques
ton were to show the nature and char
acter Of an oil certificate and to show tn
: nature and character of the storag
charges. Counsel argued long and faith
fully for their respective clients and, a
! the conclusion, Judge Huntington rule
that the deposition should be admitted i
evidence.
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