The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-11-26
WHAT FRENZEL SAYS GOES
Answer Mr.. Nickerson Got When He
Complained at the Gas Trust Office.
Famous Case at Last on Trial-Got Into
Trouble bya Small Trick-COunterfeit-
ers-Girl Baby Charged with Crime.
GAS TRUST SUIT.
Company's Line of Defense a Lack OF Gas and
Money-Frenzei on the Stand.

C~ompany's Line of Defense a Lack OF Gas and
Money-Frenzei on the Stand.
The case of the State ex rel. Augusta S.
Nickerson VS.. the Consumers Gas Trust
Company was finally put on trial in Judge
Taylor's court yesterday forenoon, about
three weeks valuable time having been
consumed in turning over legal TECHNICAL
ties pertinent to the case. The company
was represented by judges Lamb and Hill.
with Attorneys Browder and Pick
ems for plaintiff. The gas COM
pany places itself, unequivocally. upon
the ground that it is unable to supply gas
on account of physical and financial con-
ditions that exist. In its answer to the
complaint the defendant says that it can
not extend it's mains for the reason that it
has not been able to float it's bonds for OBJ.
tanning money for the enlargement of its
main system. This acknowledgment on
the part of the company throws upon the
plaintiff in this suit the burden OF proving
that the defendant was uniustly discrIm-
mating against plaintiff by entering into
contracts and making connections since
the Hing of this sIlt.
Secretary Bement Lyman. the first wit
ness, In his testimony admitted without
reservation that the company was at this
time tapping their mains and making con-
nectiOns. but alleged that this was done In
fultillment of contracts entered into at
dates anterior to the bringing of this suit;
largely In 1890. he said that frequently
when a new fire was supplied in q building
contract was mace for 1T alone; and SIM
ply became a part of the original contract.
The very marked case of Scbnull 81 Co..
was called to his attention. and he was
finally led to acknowledge that the con-
nection which had been made with SchEuu
~ Co. in the latter portion of October was
made with q separate building and upon q
contract altogether new.
The plumber who did the work of con-
n%ection testified that there was no ante
cedent contract for the work. A NUM- Der
OF persons, who had connections made in
new houses during October and November,
testified TO that effect, but it was in each
instance shown to have been under o con-
tract entered into before the commence
ment of this suit. The husband of the
plaintiff testified that while agent for his
the question of gas supply. and was in
formed that he could build and be assured
OF getting gas in thespring. Later on he was
given n renewed assurance of having all
the gas he wanted. Plaintiff finished her
house and laid her service-pipe in May.
and her husband again applied for gas. At
this time. and for the first time, he WINS
shown q printed form of notice to the effect
lnaJ 10 more connections WOulu Dc maze.
This made witness angry, and he tore
around the gas Office q good deal" when
John Reed. o clerk in the office and a friend
of witness, came to him and advised him to
go TO John Frenzel, and he would fix it;
that whatever FrenZel said went"
This testimony caused general amuse-
ment In the courtroom, with, per-
haps, the exception of the company
representatives present. who only smiled
~grimly-very griinly.
Mr.. NiekersOn testified that he had since
interviewed Mr.. Frenzel and had been in
formed that he (Air. FrenZeD was in a tight
place and that witness had better sue the
company If he wanted satisfaction.
Upon c%Onvening the court after the din
ner hour, there was some time occupied In
discussion of several technical points of
law. Mr.. FrenZel came into court about
2:30 and was put on the stand. His testi-
mony. upon the same line rs that of Secre-
tary Lyman, was substantially identical
with that of Mr.. Lyman. When.
however. the question of the CON-
extend its mains was touched upon in an
interrogatory, the witness testified that
the company was perfectly solvent last
May when this suit was commenced and
that its insolvency has not since been
brought into view. He said he had known
the stock sold ut As cents. He testified that
the company had not extended its mains
since the filing of this suit or since the no.
tice of q suspension of enlarglrg the gas
supply had been issued. He reiterated
Secretary Lyman's testimony IN that such
connections as had been made since the
filing of this suit were upon contracts
which had been entered into interior there
to. Mr.. FrenZel Will again be put on the
stand Tomorrow morning. q