Evening journal., 1894-11-23
IT WILL GO TO THE JURY
Judge Wales Declines to En-
tertain Motion for Non-Suit.
HAND SHAVING NOW OBSOLETE
And Machines Are Used TO DO the Work.
The Defense swears But Few witnesses
l.and Then Rests-The Prosecution Begins
Summing Up the Case.

The Defense swears But Few witnesses
and Then Rests-Tho Prosecution Begins
Summing Up the Case.
The argument for and against non
suit in the Shaw Blumenthal interfer-
ence suit was finished yesterday after
noon Both the counsel for the prose-
cution, Messrs Ward and Macailister.
made foroeful arguments that the agents
OF r Blumenthal q Co Superintendent
Plerson, Cashier Sparrow and Foreman
Munday-hsd acted as agents, within
the scope OF their authority, and In
consequence their principals were liable,
and that the question OF that authority
was matter for the jury TO decide.
They cited numerous authorities to show
this, one being a case where stevedore,
acting outside his authority, held his
employer liable
Mr. Kohn replied, and while he scored
the book keeper and foreman for their
acts, claimed that they alone should or
could be held responsible, and not the
firm. Judge Wales then took the
authorities and stated that he would
decide the question this morning
All the jurors were on hand when
Judge Wales took his seat in United
States Court, In the now famous case Of
Shaw against r. Blumenthal & Co. for
interfering with bis securing employ
ment. There was large number Of
spectators present, who were interested
ia hearing the decision of the court on
the motion for non suit. After court
had opened Judge Wales said that be had
considered carefully the argument for and
against the motion, and that what he
had TO say would be brief He explained
the case as 1t stood. The contract with
Charles Mullin was a personal one, and
when Mullin gave up the factory II was
competent for Shaw 70 have left, but he
remained. and by 20 doing be practically
agreed to work under the same con
dltions. The peremptory discharge ter
minated this.
The court then reviewed the Efforts OF
Shaw TO secure work. and the places he
worked and his discharges The question
was then on the responsibility Of
principals for the acts OF agents. He
said that it must be observed that
Pierson, Sparrow and Munday were
there as agents OF Blumenthal & Co. who
resided In New York, aud whose business
here was Ia the hands OF agents who
wers placed here with full power to run
the.establlshment and hire and discharge
men. The question was not the justif-
cation Of the conduct Of defendants, but
what was the full scope Of employment
of the agents.
The Motion Refused.
Judge Wales said that this question
could not be taken away sumniarily by
the court from the Jury. In refusing to
kar Al . he Af,ra 90 hsu uafI
that the same arguments could be made
in summing up. The community has
looked on Pierson, Sparrow. etc, as
agents Of the firm and anything they did
was considered as being sanctioned by
the irm.
As to Mr. Ssulsbury's argument that
an action could not lie against defend.
ants for interference, the court stated
that an article In recent copy Of the
American Law Review says that action
could lie agaiusta third party for inter
ference with a contract. On Mr. Kohn's
argument that the postal card was
privileged communication, the court
decided that the card was not priv
LEGGED communication. He refused to
entertain the motion.
Mr. Salisbury IN opening for the de.
fense, said that he wonld prove by Mr.
Ullman that neither Plerson. Sparrow
nor the Mundays mad any authority to
make any statement regarding Shaw /.
that he alone has had charge of the VIII
mington branch, which was for tanning
alone; and that when he, Mr. UllmRn,
learned OF the fact that Shaw had suf-
fered from TIL acts Of Pierson or others,
he went around to the parties sent the
cards and disRvowed any responsibility
for their acts
Julius E Ullmau, OF the firm Of
Blumenthal & Co, was then sworn, and
he explained the duties Of Pierson as
merely to superintend the tanning Of
skins, of Sparrow to keep books, and
Munday to act as foreman Sparrow had
no authority TO conduct any correspond.
ence, other than that with the firm In
New York The 6rm never had a bank
account here. he explained his visits
to the factories here after he heard Of
the suit.
Hand Shaving Now Obsolete.
James S. Dobb, OF the American
Leather Company, E Mitchell and
William Tadman. OF Tadman, Mitchell
and Company, W. j. McClsry and Martin
Bsedenkopf were recalled to testify that
hand shaving was now obsolete. John
G Baker and Charles Baird corrobnrRted
this and stated that the cost was mater
Tally cheaper with machinery.
The evidence taken before a commits,
sion relative to the sums paid by Smith
& McDarmoth, Of Brooklyn. to Mr. Shaw,
and that he was a good workman was
read, after which the defense rested.
Judge Cullen, of the Superior Court,
occupied seat on the bench with Judge
Wales.
Evidence In RebuttaI.
Secretary J. Harvey Wiley, Of the
Street and Sewer Department, 4 war
called by thesplaintiff's lawyers. He
produced letters written by Sparrow and
signed for the firm relative to the placing
of platform scales on Monroe street
| Mr.. Ullman stated that he had
specially authorized this correspondence
| Both sides then announced that they
were through with the introduction Of
testimony.
Mr.. Macallister then began his sum
ming up, by leaving before the courl
a number of propositions Of Law anc
presenting the authorities therefore. He
was still talking when court took {
II % -