Evening journal., 1893-12-08
TOPKIS and CREDITORS
The Replevin Suit Against
Him Still On in Court.
MITCHELL WANTS USE OF PAPERS

The Court Rules Out Testimony offered
BY the PIaintin-DavId Abramson Now
Has Conscientious scruples Against
Taking an oath-His Books Out OF the
Courts Jurisdiction.
The Superior Court reeonvened at 10
o'clock this morning William s. Hilles,
counsel for Frank A Mitchell, who sued
the city to recover 5000 for tarring a
pavement ON Adams street applied for
an order to compel the defendant to pro-
duce certain documents in court and
that the plaintiff have access to them
during the progress Of the trial. Among
the documents are letters Mitchell wrote
TO the Street and Sewer Commissioners
in relation to the claim, and resolution
adopted by the board, together with
measurements
Lewis G. Vandegrift, representing the
municipality, said he would produce the
papers when the proper time came, and
would make them subject to the orders
of the court.
The court made no ruling but said IL
would give the matter consideration
when the trial began. The case will be
tried on Monday week
The case of Freeman & Wise VS..
Jacob H. Topkis ami William Simmons,
| was then resumed where it Was left of
yesterday afternoon.
| Benjamin Smith and John Hanson,
both testified that Topkis told them be
carried a large stock of goods and only
owed few hundred dollars
d E Moody, of Philadelphia, conf
Dental bookkeeper for a Philadelphia
firm, testified that Topkis bought $ll7
worth of goods from his house This
testimony went to show that the little
New Castle Napoleon of finance was buy
ing from other houses on the eve of
insolvency.
Ex-Sheriff William Simmons testified
that he was present when the plaintiffs
replevined their goods, and received nc
other goods than those mentioned in the
replevin.
The notice of the sherif's sale Of Top
kiss stock was offered in evidence by
Mr. Cooper, he proposing to show thai
friends of the defendant were bidding al
the sale The court would not admit II
and the ex sheriff left the stand.
Deputy Receiver of Taxes George
Finck was called to testify to Topkis''
assessment, but was ruled out.
Mr.. Cooper. offered the judgments il
evidence. The defense objected and wa
sustained by the court.
Henry d George. a dealer in furnish
ing goods, testified that Topkis carried
su unusually large stock of furnishings
Samuel SlessinGer was affirmed Mr.
Cooper asked him how much Topki
owed him on September 10, 1891. Hi
reply was 81, $3.50.
David Abramson, his friend and co
IL r 4 L..
LAST May he was sworn, bnt had cor
scentious scruples against tskin
an oath this morning. He sal
he could not produce his book
because they were in the hands q
another party who is out of the jurisdic
! | ton. He could not tell anything pos
/, lively without them and the plaintiff
rested.
Mr. LYMAN opene for the defense, de
failing Topkis's m ercantile career in thi
city and New Cast le He said he woul
p prove that at the time of the la
> purchase at Wise & Freeman's tn
. defendant owed $143 and was solicite
to buy more. BE denied that there wa
fraud in Topkis's mind when h
: bought the last goods from tn
/ plaintiff. He would prove thG
, lal ge sums Of money had been pal
out by Topkis between the time OF th
purchase and the failure, which was nc
Indicative Of fraud.
William West, of Philadelphia. WI
a the first witness called. He testified
a conversation between Mrs Topkis an
L ur Krause, being called to contradii
1 the latter. At the conclusion Of his e.
- animation court took a recess until 2
Il / o'clock