The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-06-20

The hanpiest looking people In the
U. s. Court room this IN ornlng were
the reporters, for, thanks to tho kind.
ness OF Judge Wales, the members OF
the press were seated around hand
some mahogany blaize covered table.
When court opened this morning at
10 O'Clock Jurors Cole and Downs were
absent. and delay consequently oc'
Cured
The Jurors arrived at 1890 O'Clock
and In excuse for their absence stated
that the train was late.
Solomon Goldstein was the first
witness called. He was employed by
Kline and also by Poole. He was pres
ent also when Poole acknowledged his
| signature on the note aud when the
DeCou Brothers Uompany's represen
tatiye was cautioned not to buy the
note and he heard Kline state In He.
brew language to other people not to
| buy the shoes as they were worthless
and he told Poole what had been said.
Mr.. Poole then ordered Kline not to
come around there. He left Mr.. Pc Ole's
employ about four months alter but
he did not know the name OF the
months. He saw that there was moth.
Ing on tho back of the note.
Richard Taylor real estate agent
| in Philadelphia testified that lie was
acquainted with the transfer OF farm
IN Buckle County to man named
Lighnahome.
An objection was made to the evil
dence at this time OF the case and Mr.
Taylor left tile etaud.
L. A, Martin ueposad that he Is
real estate agent in Philadelphia. In
May 1899, lie sold Poole'S stock OF the
store to MIR. Roach. There was mort
gage OF 5000 ON the farm The farm
was worth not 500 ovor the mortgage.
| IL wac about So cents on the dollar OF
tho entire stock.
| In REORGANIZATION he stated that
he had negotiated the gale of the farm
since. The sale was negotiated after
about ono month.
| Walter i. DcCou was the first wilt.
ness examined by the other side. He
testified that his firm had been in the
iobbing shoe business In August 1891,
Col Nj Ids objected to ANYTHING which
Ind been said between Kline and Da-
Cou in tho absence OF Poole. On Sep.
temDer l. 1891, he saw the note in ques-
ton Tor the llrst time. The company
agreed to deliver To Kline $500 pairs Of
shoes at 81 pair.
They had written TO HoiTccker &
iioilecker of Wilmington. to find out
Mr.. Puole's financial standing. After
| Ait' hpOuD lopOIL LHoy uellNertu Iue
goods TO Kline, and they put the note
into their vault and 1t mover was out
OF their possession until December
1891. lie first cav NJ. T. Poole in the
second week OF Deuemberat his store.
and then he made proposition OF s
per cent. discount II he casEed the
note.
Poole said no was not IN condition
to cash the note az tho time. Pooie
did not say anything about contrasting
the note because II had been obtained
by fraud. In June lS02 lie again ga
Poole. Witr5ss and Mr.. Poole had u
conversation then, and MIR. Poole
stated that he had part OF the money
and would rene0 for the balance. In
July : 1899, about ton days before the
note was due. he received letter
from Mr.. Poole notifying MIN OF the
fraud and Directing 10 the payment
He made tho proposition to MIR.
Poole Mt his Office hero on SeptemD Der
Z, 1892, to accept S2?j0 Ia settlement.
lie agreed to take note for $1,000 and
try and got Kline to pay tho SaO0 to
Nh Poole. He did not admit that the
lirG. had received notice and lie never
knew OF such notice.