The times. [volume] (Richmond, Va.) 1890-1903, 1893-01-18
CAHILLANDT HEM MOZART
AN INTERESTING TRIAL IN THE
gUsrTyGs cOURr YESTERDAY.
The Case Came Up on tho Merits OF WIFI
Of Unlawful Detalner Sued out Against
Mr.. Cahin by Mozart Association

cay
The case went TO the court several days
apo When the Association sued out
writ OF unlawful detainor against Mr.
CahiI.
Mr.. Cahiil was represented by Colonel
W Kirk Mathews and Captain a. IS
Cuigon Mr.. James Lyons represented the
Association. and Mr.. O. Raymond Brown
acted as stenographer.
The Jury were as follows: Messrs. Sam
uel Cohen. ID. Hardy Pyle. A. W. Archer
VVuliam s Daniel. John +. Anderson
11ttieton #. Robertson. L. ]. Hogan, Rob
ort l.. Powers. Greed Davis. Philip He'll
stern. Richard Cauthorn and A. \. STOKES
Jr. A., -
been sworn. read the lease entered INTO
between the Association and Mr.. Cahin.
He ayerrcd that Mir. Cahiil had broken
the covenant by mot paying the rent,
but suffered Il o remain in arrears; that
ne failed 90 keep the board Of governors
room in proper order, and on one occasion
the board found the room occupied by
ladies of a theatrical company, and the
governors were forced 10 go out In a
storm and seek other quarters; that ne
did not pay the gas or water bills, ana
before the Association could give the ffst
musicale this year IL was necessary for
the governors TO pay the gas bill. the gas
having been turned off: that the hall was
not properly heated and lighted during
The Mozart musicales, and that on one
occasion there were no ushers present.
CAPTAIN GuiCoH stated as his side or the
case that when the Association demanded
the rent by noon on December 81 1917,
Mir. Cahill paid $500 OF the $500 due. and
that II was only because the agent or
collector allowed Mr.. Cahill to pay $500.
and agreed that the $50 should be put on
the January rent; that Mr.. Cahill had on
only two occasions not had the board
room ready. and that on those two occ2-
eions il was by the merest inadvertence'
because he did not know the board was
10 meet: that Mr.. Cahill did pay his gas
and water bills, and the lease did not
designate whether or not those bills should
be paid when delinquent or before they
became so: that the reason the Mozart
musicales were held in a cold hail was
because the heating apparatus was out
Of repair that the house needs repairs
from the roof to the cellar. ana by the
lack OF those repairs the hall Is i'm
properly heated both at musicales and
theatrical performances.
Mr.. James W. Pegram said he was sec
reary Of the Mozart Association board OF
governors, and testified as to the lease
and the resolution which was adopted
demanding OF Mr.. Cahill that he pay his
COPY of the resolution was sent % Mr.
Cahill. That as far as he knew no reply
was received from that communications
that at the meeting Of the board on Jan
uary 7. 1898. the managing committee was
authorized TO taKe charge of the Academy
and to exclude Mr.. Cahill.
Thu managing committee Is composed of
Messrs Potts, Tanner. Catlin. Archer and
Pegram, and was authorized by the board
Of governors: that there were thirteen
ont of a possible twenty at The meeting
authorizing the managing committee; that
the board was summoned to the meeting
by telephone and messages. and not by
postal-cards. as provided by the bylaws;
that the meeting was held in Mr. James
Lyons oillce, in the State Bank building;
that a conference OF the governors au-
thorized Mr.. Catlin. the treasurer. TO take
possession of the Academy, and not
meeting.
Mr. Il. A. Catlin, treasurer of the Asso-
citation, was next called to the Witness
stand, and stated that Mr.. Cahill had not
kept the covenant as regards the pay
meDt of rents Mr.. Cahill took possession
in September. 1892.
Mr.. Williams made every proper effort
to collect the rents in conformity with
the terms of the lease; that the board I'm
measure allowed Mr. Cahill to pay his
due; the managing committee had gen
eral management Of the Acade ny
Mr. Catlin corroborated Mr.. Pegram's
testimony as regards the meeting IF De-
cember 18th. He added that Mr.. Cahin
appeared before the board and ask "a that
the resolution requiring payment Of the
rent by noon December 3lst be rescindcd
After Mr.. Cahll left the board refused TO
rescind their action, and Mr. Cahill was
nd ofH af,n lar ofc+.
that at the meeting on January 18th the
board authorized the managing committee
TO take any ection they deemed wise: the
committee Immediately held meeting and
decided to take possession Of the properly
at once. and appoint Mr. Il. c. Leath
their agent; that on January 9th Mir
Boatwright told Mr.. Catlin that the gas
bill was delinquent, ard that the musicale
would not have gas: Mr.. Cat'in author
ized the payment of the bill, and said he
would be responsible for other delinquent
bills due TO the city by Mr.. Cahill: that
when the Mozart Association took posses
sion on January 7th. $50 was due. which
was paid on Monday, January 9th.
Cross-exa mination.-No, don't think ne
(Mr. CahilD left the impression on the
board that to pay $3.50 on January 81. 1893,
would cramp him very much financially,
according to the best of my knowledge
and belief he said he could not pay the
debt; that Mr. Leath was telephoned for
after the managing committees meeti ~,
and was told that he would be the agen;
OF the Association and have entire charge
OF the Academy.
Just at this point Judge Witt announced
that the court would take a recess for
dinner until AIS o'clock.
When the court reassembled Mr. Catlin
was again put on the stand. lie testified
In substance as follows: The three gas
bills aggregated 500 l only paid enc of
the tills-the enc in the hands Of the
tax collector; the Academy was then in
the possession of the Mozart Association;
heard tfat Mr. Cahill was away at
that time; l don't know OF my own knowl-
edge. We had gained possession by the
proceedings i outlined TO you previously.
No we did not scnd Mr.. Cahill any notice
about the $50 stll due. From the time
We received the 500 10 the time We sought
10 dispossess Mr.. Cahili was one week,
and we did OF demand the $50. Mr.. VII
Inns, my clerk collected the $500.
ION the LIST of December Mr.. Cahil
owed us every cent Of the November rent;
on the Slst of December he owed MS hat
months rent and he paid us $500. instead
OF $50.
zone day that week we received a mes
sage or letter from Mr.. Leath. / am
quite certain that the letter was subse-
quent TO the notice that we would take
pcfsession il the rent was not paid.
"Mr. Leath offered about the same rent
that Mr.. cahill had been paying. l don't