The morning call., 1893-09-28
FESTETICS' YACHT.
Captain MCNeVin Was to
Have Built 1t.
FOR BREACH OF CONTRACT.
The Count and His Former Friend
Exchange Chances of Defiance
in a Courtroom.

Count Rudolphe FesteticS de Tolna, an
amateur yachtsman, made his debut yes
terday in the Superior Court as defendant
In a civil action.
The whole trouble arose from the build
ing of the Counts yacht, Tolna. which
Captain Edward McNevin, an Instructor
in navigation, claims should have been
built according to plans and specifications
furnished by him. The charge for these
plans, etc, was agreed upon to be $1,000.
and there is trife of $3.50 more included
in the complaint for balance due to Me-
NeVin for instruction in navigation fur
nished to the Count.
But Count Rudolphe Festetics de Tolna
was married and his wife held the purse
strings, so said the Count Accordingly
when the time came for carrying out his
project for building yacht the unfortu-
nate nobleman found, much against his
will, that be was compelled TO go TO Cap
tain Turner for designs and general super
intendence.
McNevln did not awake to the fact of
the Counts desertiOn for some time, but
when he did he wrote two highly iGdlg-
nant letters to Count Festetics, and wound
up by suing him for the $1,000 he was to
receive under the alleged cOntracr. Nc
Nevin also claimed bill of $3.50 for in
struction in navigation, of which lie ad-
mitted having received payment of sum
of $780,
All the parties assembled in Judge San
derson'S courtroom yesterday, where the
worthy captain was represented by AttOr-
ney Cough, and the Count by CARRIER, Boalt
& Bishop. There was little excitement
during the examination of the plaintiff.
owing TO the vigorous manner in which he
resented cross-examination by Attorney
William RX. McNeVin detailed the cir
cumstances OF his acquaintance with Count
Festetics and THE arrangements made for
the construction Of his yacht, and he fur
ther explained the course of instruction in
navigation that had been gone through by
the Count
There were two courses, one a prelimi-
nary course of instruction in practical
navigation. which the Count went through
and 10 which he graduated. For this
branch of Instruction McNevin received
$3.50. But FeStetics had not been content
with this. He wished to dive into the
mysteries of scientific navigation and had
studied al this six months longer. For this
extra instruction McNevin demanded $3.50.
There was alSo a small bill OF SO, balance
of loan of S15 made by McNevin to Fes-
tetics.
RiX did not seem to understand the diff
ference between practical and scientific
navigation, and so McNevin said to him
L
Dey, but you'd never make barrister; !;
just so this individual (meaniug Count
Festetics) might make a practical, bnt
never a scientific navigator" RiX bowed
his acknowledgements
By permission of the court a witness for
the defense was allowed to be called. 1t
proved TO be Thomas Mulligan, who had
something to say regarding Captain Nc
Nevin. and having TO go 10 SOnOma he
wished to say 1t at once and ease his mind.
Permission was accorded, and MIR. Multi
gan being duly sworn announced TO the
Vtourt t6at he knew McNeviD and he was
"a rogue" He had only known McNevin
himself four months, but every body knew
that was true.
why do you say be is rogue?" was
asked
well. l tried to collect of him once and
he ordered lie out of his house. He got
excited and wanted TO bit me with q chair"
Marius Cousin. cook, spoke of having
been in the presence of McNevin and
Count Festet tics when the proposed yacht
was discussed, and the witness asked for a
Job on board as cook. He received a sort
of promise from Count Festetics.
Jules Robart testified that acting under
instructions from McNevn he prepared a
model of the proposed vessel and sub
mtted it to Count Festetics,
George T. Shield and J. II. Volker gave
cOrrnDOTative testimony, and then Alfred
McNevin, son of the plaintiff. was put on
the stand. The witness said he was an
instructor in his fathers school and had
assisted in the nautical education Of the
defendant. He was present once when his
father su omitted his plans of the proposed
yacht to the Count, who did not altogether
approve of them and suggested some al
teratlons here and there. The converse
ton was quite a businesslike one
1t is expected that the case will be
Drought to conclusion this morning.