Evening journal., 1893-12-09
PLEADING FOR TOPKIS.
The Law Points Were Argued
at a Special Session Last Night.
ARGUMENT TO THE JURY TODAY
Almost the Entire Morning Session Com
sumed-Topkis's Transactions Charac-
terized as Being as Rotten as Rotten
Can Be-Mr. Lynam's Strong Argument
for the Defense.


for the Defense.
The Topkis case was continued with
unabated vigor in the Superior Court
yesterday afternoon. William Topkis,
16 years old, son of the defendant. tesii.
fed that his father was unable to read or
write and he did his writing for him.
He Identified number of checks Of his
fathers as having been filed in by him
They were offered in evidence by Mr.
Davis, his object being to show that
Topkis paid out large sums of money to
creditors after the bill of goods had been
purchased from Freeman q Wise,
Mr. Cooper objected TO some Of the
checks being admitted, saying that there
was nothing to show for what they were
given, the persons to whom they were
made payable being foreign to the case
at issue.
Mr.. Davis said he proposed to show
that they were for goods bought to 60
into the store.
The witness, young Topkis, testified
to that effect in all but two instances,
the checks of which he was ignorant
being for small amounts.
Mr. Davis then wanted TO compare the
payments made by Topkis from Septem
Der 10 TO December 8, 1884, with the
payments made during the same period
in 1890. He wanted to show by the
comparison, the defendants good faith
with his creditors The court refused
to permit it.
'Confessor" Jacob Topkis, the little
man who has caused such a large amount
of litigation, was sworn on the Five
Books of Moses, wearing his hat while
the oath was being administered He
testified that he had bought lot Of
chinaware from an Elizabeth, n j., firm.
paid cash for them, and saw the book
keeper receipt the bill presented in
court, and referred to him It was the
only lot Of goods be ever bought from
that 6rm II was after he had made the
purchase from Freeman & Wise.
William Topkis was recalled He said
he was present when Mr.. Wise visited
the store at New Castle aud made the
sale Of goods Wise demonstrated bo
cause Topkis did not give him a bigger
order, end said the goods bought would
not make any showing inside after the
windows had been trimmed. He did not
hear his father tell Wise he only owed
500 or $780,
Under cross-examination he said he
did not know how much his father owed
Whenever his father told him to write a
check, he wrote it He made out the list
Of creditors submitted in evidence, for
his own convenience 10 save the trouble
Of going over the old bills when his father
asked him how much he owed any par
ticu,ar man. He did not know thai the
checks given were for Indebtedness ere.
uted prior to the Freeman q Wise pur-
chase.
Under redirect examination he said he
saw Freeman az the house on the night
Freeman testified Topkis was in hiding
upstairs. In contradiction of Freeman
be saiG his father was in Wilmington
that night and freeman did not see him
The noise Freeman heard upstairs was
the children playing. He could not re-
member whel her or not it w.s the night
before the sale.
The boy was one Of the brightest
young witnesses ever on the stand.
The son Of Jacob was succeeded by his
father, who detailed his purchases and
business movements. Wise importune q
him to make a big purchase He Re.
fused the mill being shut down, but
{ subsequently gave an order. Wise never
asked him anything about his business
standing and he never told him any
thing. He told Wise on the day of the
order that he had $4,000 OF $4,000 in
stock He never told Wise he was going
to buy the Delaware House at New
Castle. Mrs. Topkis was in the Store al
the time Wise was there. The witness
! was not at home on the night of the
| replevin He was in Wilmington Free
+ man did not see him that night, but saw
him outside the house at night
a week before. Freeman asked him
for money and he told hiE
he hadn't any. He did peddlng bust
e ness ia Delaware City, Edge Moor. Ches.
; ter and other places. his stock wa'
usually worth 81, 900 or S.. 000 Free
man Wise offered him a credit of from
5000 to 81, 600 he said Freeman volun-
teered to introduce him TO Liveright
Green valid q Co, and did so. They. SEN
him bill Of goods without asking hin
/, anything about his financial standing
Mrs. Rosa Topkis, short, stout
woman, much younger than her nus
band, and wearing a black dress ans
~ bonnet and seal plush coat, gave testi.
: mony which, in the main, corroborate,
I. that of her husband and son. She de
4 MED that she ever told Mr.. Kraus
she had 81 600.
j. A. Holschumaker testified that b
). was sure Topkiss stock was WORT
i 50. 500
q Ex-Sherif Simmons, being recalled
4 said be advised Topkis to take advan
l. tage Of the thirty days rule II he wGnte
to continue in business.
Before adjournment Mr.. Freeman wa
called in rebuttal
n The points of law we're argued at
le special session last night The argu
Is ment lasted until after IL o'clock.
Argument This Morning.
Argument to the jury in The case b
gan this morning. Andrew E Sanbour
" opened for the plaintiff, his argumer
being brief. He contended that Topk
IL meditated insolvency when he made th
10 big purchases.
re Thomas Davis and William T Lyman
i who followed for the defendant, n
pudiated this idea. They made a n
I'd marksbly strong fight for the litt
Napoleon Of finance.
Alexander b Cooper, for the plaintiff
closed the argument He said the d
I'D fendsnt's transactions were rotten. I'll