The Providence news. (Providence [R.I.]) 1891-1906, 1895-07-02
NOT LUXURlES.
Jury In Judge Wilbur's Court In
struCted on Cigar Values.
Testimony Still Being Given as to Value
of Land Taken for Park Purposes.

jury in Judge Wilbur's court were
occupied the greater part of today in con-
sidering the suit of Whitford Bartlett "
Co., against Amelia Frank. The amount
In dispute was only s55. 60, but great deal
OF testimony was introduced in behalf OF
the defendants contention that the goods
sold were worthless. The subject in dis
pute was whether or not 5000 cigars or
the brand known as Cuban Beauties were
musty or not. The witnesses for the
plaintiff were put through long cross
examination as to the duality of different
priced cigars. Those sold 10 the defend
ant were rated as very low priced goods,
the selling price being only sl0.75 per
thousand.
Mr.. heeler, bookkeeper for the plain
tiffs, testified that David Frank, business
manager for the defendant, came To the
company's Office and wanted a discount
OF 70, as he claimed the cigars were
musty. Mr.. Bartlett came in while Mr..
Frank was there, and agreed TO deduct
-. 90 from the bill. Mr.. Frank then took
out roll of bills and counting them
SAID: ~ have not money enough, but II
you send man TO my store will pay the
Dill. Witness sent n salesman TO the
store with the bill
Salesman Cook of the plaintiffs firm,
said the Cuban Beauties were made OF
Pennsylvania scraps of tobacco, and that
good Havana filled cigars were worth $50
a thousand.
a cigarmaker named Gardner testified
that there was very slight musty smell
IN the sample box OF cigars of the brand
III question, which counsel for plaintiffs
had introduced. He said that he had seen
worse cigars than these, and then gave an
account of many technical points in the
manufacture of ciga-s An interesting
statement made by him was that the dog
days were about as bad for making cigars
as for eating oysters in.
Mr.. Bartlett, one of the plaintiffs, testi-
fed the cigars sold Frank were as good as
could be made for the money, and that
they were in good condition when sold
to him.
David Frank was the chief witness for
the defendant He said that he had
bought previous lots Of the same brand
OF cigars that were all right, but that the
greater part OF this lot were very musty
and unstable. He had brought six boxes
back to Mr.. Bartlett's S store TO prove their
poor condition, but that gentleman re-
fused to allow him anything for them,
but finally said he would allow the cost
OF collecting the bill, which he figured to
be about e. rs. This witness also testified
that he sold 1000 of the lot at 20 per
thousand, and 500 to William III. Gillett
and he returned them. The last 500 he
had sold at auction.
A number of other witnesses testified as
TO the poor quality of the cigars. The
testimony showed that these cigars cost
exclusive of the tobacco used about g. 20
per thousand. Bassett 81 Mitchell for
plaintiff; j. Jerome Hahn for defendant.
In Judge Rogers court testimony was
continued today in regard TO the value of
land taken near Roger Williams Park for
park purposes. A number of real estate
brokers were examined, and also Civil
Engineer Latham.
1t is expected that the Attorney Cen
erals docket will be resumed tomorrow
morning.
APPELLATE DIVISION.
In the suit brought in this division by
the Providence Assisting Association
against Citizens Savings Bank an opinion
was filed today dismissing the bill of
complaint.