Evening journal., 1895-06-05
THE OLD WAY AND NEW.
LITlGANT CURRY TELLS HIS SIDE or
THE CONTROVERSY.

A writ Of Uapias Quashod because Of the
InsunicIsncy OF the Anidavit-J. Frank
Curry Gives Facts and Figures Concern
ing the Mixing Of Mortar by Patent
Process.
Trial Of the case Of ]. Frank Curry vs.
the Charles Warner Company, began In
the Superior Court yesterday afternoon.
The plaintiff was represented by Walter
II Hayes and ]. Frank Ball Colonel
Benjamin NisidH and John p, Nields
appeared for the defendant corporation.
Mr. Hayes opened the case. He ont.
lined II ~ follows:
Mr. Curry was to have received one.
tenth royalty on the patent, enc tenth en-
all nales Of the profit for the use OF q
mortar machine. and one. tenAh OF the
proceeds Of the sale OF the patent
The hrBt breach was for the non
payment OF 800, one tenth OF the Il 900
royalty received. The second was the
sale Of the right TO use the machine to
the Quaker City Mortar Company, Of
| Philadelphia, for $500 Mr. Curry q
share was $50 The third was the non
payment Of $3 600, the one tenth Of the
/ $50. 600 profits alleged to have bssn made.
The last breach charged was for the sale
Of tho patent to the Warner Process
Mortar Compsny for $3.50. 600, Of which
Mr.. Curry did not receive his share OF
$25 600
In 1890 the plaintiR conceived the idea
OF doing away with the mixture Of NOR
tar on the streets. he nesded capital K
perfect his invention. He was intro
! ducsd to e. T. Warner and A. ID
Warner. lie entered into an agreement
with the mesars Warner by which Mr.
Curry was to get one half Of the profits
A new agreement was drawn up b.
which Mr.. Curry was to have received
' one-tsnth Mr.. Curry was superinten-
! dent Of the plant After being Their
some Tins he demanded q statement
This Was refused him.
Curry took the stand, aud the drift o
! his testimony followed the line Of Mr.
> Hayss's opening. He said that the dali,
/ capacity OF the plant was about 1876 tons
D He said that IA 89l. 00l pounds wer
D made from March, 1892, to February
i. 1894 The amount received for thi
{ mortar sold was &53 $50 40. Under thi
process water, sand and lime was use
] for making It. Ths quantity Of san
! used was 20, B21 92S pounds.
d He was asked to testify regarding tn
cost Of the sand Mr.. Nlelds entered 81
t objsctoE, and the argument whic
followed lasted until o'clock, whs
3 court adjourned
Before argument was resumed thI
} morning Mr. Hayes made q motion
| quash a writ In the caplas case 0
Hamburger & Sons vs.. Harry I
J Brockson ARENAS Smith represente
h. he Hall
Salisbury, Md, was arrested last nigh
on a capias ad respondendum, th
amount Of debt being $55 The motto
Q prevailed and the writ was quashed o
d account OF the insuficlency Of tn
y affidavit
Q The Curry Warner case was taken u
9 and Mesers Ball aud Hayes conclude
d argument on Colonel Nields's ol
G lection to allowing Curry to testii
9 concerning the cost Of the sau
y used In tho manufacture OF the mike
L mortar. The court sustained the obisS
tion, and Curry resumed his testimon
He said that there was a saving Of
per cent. Of lime under the ne
Q method, and also big savir
ls In the Stacking OF lime. On
y man could slack as much lime
q seven hours by the new method
y twenty men could do In four hon
by the old process ml
under the old process cou
only make from 2S 900 to $4,000 poun
II Of mortar q day OF ten hours. Under tl
T. new process he could make GOO, o.
= pounds The witness said that he hI
Ig fesn a man make A 600 pounds of mort
ii In four minutes by means OF the ne
~ method. To make "A S9l. 900 pounds wou
require q man to work but 74f days
the new method and /, ,490i days und
the old
r. Curry was still on the stand when t
y. noon recess was taken.
he ------