Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-13
sprERIoR oouRr
Testimony in the Gaze Of j. franklin
Curry Va. the Charles Warner ca.


Curry W. the Charles Warner ca. was
continued In the superior court Wednes-
day afternoon. Mr., Curry was kept on
the witness stand from the time the
court reassembled until it adjourned.
His testimony was frequently Inter-
rupted by the defendants counsel
Directing 10 questions asked by the
plaintiffs legal advisers.
The witness testified that he tried
several times TO obtain statements from
the defendant but failed. After bring
Ing the suit he made demand for the
etock due him under the terms of the
agreement and A. ID. Warner told him
that he would turn over S1l,0 900 In
stock II he Curry would give his re-
ceipt In full for all his claims against
tho company, which amounted to
$50 900 less 10 per cent OF the working
capital, or about S22,200. This, the
witness declared, he refused to do. He
stated that the stock, II properly handled,
Is worth 100 cents on the dollar
On DISCRIMINATION Mr.. Curry said
the document presented IN court ns the
license granted 10 the Quaker City
Mortar 90. Is not the license which he
signed. He denied that he had gone TO
New York to effect O sale OF the patent.
A. ID. Warner, he asserted, informed him
that deal WINS about to be made by
which the patent was TO be sold In that
city for $1,000, 900, of which 1000, 900
was TO be In stock and $60O,000 In cash.
lie was sent 10 New York TO tell Q man
who was interested in the deal that &c.
II. Warner WAS In Boston and to ask
him to wait for Mr.. Warner. The deal
was to be made ut 10 o'clock the next
morning and Mr.. Warner could not
reach New York until an hour after the
time appointed for the contamination
0f the deal, When Mr.. Warner arrived
In New York he demanded 81, 600, 900
IN cash and 100000 In stock and In
consequence the deal was not effected.
The witness declared that he did not
know that the Warner Process Mortar
Co. owns the patent.
Mr.. Curry was undergoing redirect
examination when the hour for adjourn.
ment arrived.
At Thursday mornings session of the
superior court the commission Of Jetfer.
son b. Foard. the new clerk Of the
peace, was read.
The case OF ], franklin Curry VS.. the
Charles Warner Co. consumed the re,
mander of the session.
Mr. Curry returned 10 tho witncs:
stand about 1915 O'Clock and continued
thereon for an hour, He testified re-
speeding the cost OF materials used by
the defendant In manufacturing mortar
from March 29th, 1899, to February Sd
| 1904, and stated that the total cost oi
the materials was $29,069.80 He esti
mated the company's profits in mortar
| for the two years at S25, 300.62.
The plaintiff rested at 1880 O'Clock
and Immediately thereafter the defence
| opened.
Colonel Nields read the last agree
iuent made by the plaintiff and the de
PENDANT, and commended that no eyi
dence had been produced to prove tina
the defendant had received anything
for royalties and that, therefore, thl
flrst allegation was out OF the question
The plaintiffs counsel conceded this
Mr., Nields, commended that the defen
dant was rot indebted to the plaintiff.
Court took recess until $50 O'clock
Evidence for the defence in the cas-
OF j, Franklin Curry VS., the Charlie
Warner Co. consumed Thursday after
Moons session Of the superior court
| i. L. Warner identified licens
offered in evidence as the one issued +
the Quaker City Mortar Co. and declare
that the defendant did not receive an
money for 1t. On cross.examination b
stated that the licensing Of the sal
company was big advertisement for Til
machine-made mortar.
John Richardson testified that th
defendant sold $48,33076 worth G
mortar from March Goth, 1892, to Fet
ruary 3D., 1894. The machinery an
tools used in manufacturing this outpu
cost $l4,700. The Charles Warner Ct
had floating capital of $4,000 in til
business. He thought $500 per year wa
a fair rental for the building used as th
mortar factory.
Thomas II. Slavery expressed th
opinion that wear and tear had cause
a depreciation of 10 per cent in th
value of the machinery.
| Alfred ID. Poole estimated the depr,
citation at 10 per cent.
| William Il. Porter thought the deprt
cation in the value of the engine was
per cent and in the other machinery Il
per cent.
Mr.. Richardson. who had vacated th
stand temporarily, was recalled an
testified that during the two veal
22,S72,749 pounds Of sand were used
the manufacture of the mortar. I'll
market price Of the sand was So, 309. s.
The quantity OF liine used was 66, l5t
bushels and Its market price W.
Sl8,37l.3S. lie also enumerated the 10
lowing expenditures: Cost of colorin
matter, $l69.85; use Of water, $134.6
labor at tho mortar plant, $S,101.S
barrels, $7i.h5; clerks pay, $4,405.5
other salaries, 31.S33 SO; stationer
insurance. advertising and take
81 ,023.20.
The plaintiffs counsel objected
insurance and taxes being included
tho items OF expense and the objectio
was sustained, after which court az
journed.
The trial of the case of ]. FranklI
Curry VS.. tho Charles Warner Co. pr
gressed slowly in the superior oou
Friday morning. Much time was CO
sumed in objectiug to questions al
noting exceptions. Many business me-
and lawyers occupied the seats with
the railed.otf space.
William r. Porter was recalled al
testified that In his estimate of the
, preciation of the merchandising M
chinery he did not include the cost
! repairs.
After Mr.. Porter had concluded
testimony John Richardson was 7
, called. He enumerated the followil
! expenses OF tho merchandising pla
|, from March 2sth, 1899, to February 8
a 1894, inclusive: Cost OF repairing m
|, chipery, $i,9SS.02; oil for machinel
, and lighting, s67o.14i hauling, ss,TTo.l