Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-21
RAKING UP RECORDS.
Lively Legal Battles in the Della
mater Trial Yesterday.
MUCH TESTIMONY RULED OUT.
Evidence as to Character and the Status
of the' Bank Assets.
VALUE OF COMPRESSED AIR STOCK

MEApv1LLE, Feb. 20.-The morning ses-
sion of to-day's proceedings in the trial of
G. W. Delamater was opened by the defense
placing upon the stand Frank S. Barker,
of Chicago, who testified regarding the
value of the stock of the Judson Com
pressed Air Company, which G. w. Della
mater yesterday testified would eventually
be of sufficient value to pay the full in
debtedness of the firm of Delamater & Co.
Mr.. Barker said he had purchased num-
Der of the shares of the stock at $40 per
share, and that he had been given the
shares at a much less price than an outsider
could have obtained them. He expressed
the belief that in few wears the stock
would have value many times greater
than at present, the company at this time
being engaged in the development Of the
enterprise.
More About Compressed Air Stock
Lewis Walker testified that he is stock
holder in the Judson Compressed Air Com
panv, that he knew of some of the stock
having been sold at $40 and S45 per share,
and gave as his opinion that the stock
would in few years time be of far greater
value than at this time He also stated
that, being general creditor, he had, when
he learned that James E. Mcfarland had
entered judgments against Delamater & Co.,
advised an assignment and ordered the
deeds to be prepared bv Haskins & Nc
Clintock: and that he had assumed full re-
sponslbility for the act. it having been done
bv him without the knowledge of anv of the
members of the firm.
F. w. Ames, of Titusville, was called by
the defense to show the value of the Della
mater block, but, objection being entered
by the prosecution, Ames' testimony was
ruled by the Court to be irrevelant. James
E. Mcfarland, the person who entered the
judgments which caused the assignment of
Deiamater & Co., testified that he had re-
freshed his mepory since his first examina-
ton, and was satisfied that the notes en-
tered against the firm of Delamater & Co.
had been written in his house few hours
prior to the making of the deeds of assign
ment.
DeIamater Always Considered Honest.
Dr. Hammond testified that he became
acquainted with G. W. Delamater when the
latter was a bov, and that he has always re-
garded him as a man of good reputation.
The prosecution objected on the ground that
DR. Hammond, being a professor of Allie
ghenv College, had not the opportunity to
meet with the masses of the people, and
was, therefore, not a competent witness.
The court decided against the objection and
the latter then endeavored to bring into the
case the charge made against G. w. Della
mater by Lewis Emery, Jr., during the
campaign for Governor in 1890, which the
Court at once ruled as not competent testi-
mony. Several witnesses testified as to the
good character of the defendant up to and
prior TO December 4, 1890
The counsel for the prosecution said that
there was no belief in the minds of the peo-
pie but that the Delamaters were honest
prior to the failure. Court then adjourned
until the afternoon.
The afternoon session was opened by the |
calling of ex-State Senator Homer j. |
Humes, who testified that the defendant, G. |
w. Delamater, had said to him and others
that the Judson Compressed Air stock had |
no regular, but only speculative, value,
and that its value depended entirely upon
the result of future experiment.
The Court Accused of Unfairness.
Counsel for the defense entered objection |
against the admission of any statement by |
witness for the prosecution, which should |
have been put in during the examination |
in chief a somewhat heated argument |
against decision for the defense was made |
by George f. Davenport, one of the coun-
sci for the prosecution, who, during his re-
marks, charged by innuendo that the Court |
was not acting fairly for the Common
wealth, but in the interest of the defense
The Court, after admonishing the counsel |
for his Incorporate remarks, said: 81 do not
want the suspicion to go out that the prose-
cution has not had all the time and latitude it
required for the presentation of its cause. In
order to wipe out any thought of that kind
which may have crept into the minds of
counsel or any other person, will order a
bill of exception fled for the defense, and |
will permit you TO ask any question you
desire"
Tho Prosecutions Last Evidence In.
The prosecution then, by several witnesses,
sought TO show that at the time G. w.
Delamater was seeking to effect a compro-
mise he had stated that if the committee
representing the creditors would accept the
terms proposed by him, thus preventing a
forced sale OF the stock of the firm, he would
be able to settle at 35 cents on 81, and
also that if the committee refused to accept
the terms and the stocks were sold at forced
sale, the assignees would not be able to pay
more than 10 or 15 cents on 81
The Court, after listening patiently to re-
marks of counsel on both sides, decided that
no statement would be received by the
Court which did not have reference to state
ments made by G. w. Delamater regarding
the value Of the assets of the firm of Della
mater & Co. prior to the time of the ASST gn-
ment.
Pending motion to strike out testimony,
The Court adjourned until Monday at 10 A.
NJ, after which, in the afternoon, the Della
mater case will again be taken up.