Evening journal., 1895-05-29
A QUESTION OF CASH.
Joseph Wants to Be Rein
stated BY Reliance.
BUTTBRwoRTH GETS NOTHING

The Court Holds That There was No
Proof Of Express Fractional
Troubles In Fire Company Result In
Iandamus Proceedings ia the Superior
Court.
The slauder case Of George S. Butter.
worth vs Joseph ID. Conrow came to
speedy aud unexpected termination In
the Superior Court this morning. After
the authorities bearing upon the case had
been cited by Mr.. Chandler, attorney for
the plaintiff. the court Informed him that
he might argue TO the jury II he wanted
to, but gave fair warning that 1t would
charge the jury TO bring in verdict for
the defendant.
The warning fell like thunder clap
upon Mr.. Chandler and IL was some time
before he fully realized It's full import.
Messrs. Bradford and Byrne waived their
right OF argument, and as soon as Mr..
Chandler fully understood the attitude
Of the court he did So too
Chief Justice Lore charged the jury
He said that the plaintiff had failed to
prove malice on the part Of Conrow
His letters to Withridge were privileged
and proper, therefore the Jury was
instructed to bring In q verdict for the
defendant This ID did without leaving
the box The Jurors were thanked by
the court and discharged from further
service
Mr. Chandler gave notice OF an appeal
to the Court Of Errors and Appeals.
Walter Il. Hayes asked leave to amend
the declaration Of the plaintiff IN the
case Of j. Frank Curry vs. the Charles
Warner Company by increasing the
amount Of the mixed mortar profits
from $4,000 to $50, 600 To
this Colonel Nields objected but was
overruled by the court After Mr.. Hayes
had made his AMENDMENTS Colonel
Nislds asked for and obtained special
jury to try the case.
The court announced that the special
jury list would be gone over this after
noon at o'clock.
The Reliance Fire Company, Of this
city, was the next to figure prominently
before the court Joseph Cash, accom-
panied by Josiah Marvel, his counsel
appeared and asked for rule
10 show cause why writ
Of peremptory mAndamus should moi
1 A1AAN AAAI hlAN VI kNnAAhtiNu li
reinstate him rs a member. The rul,
Was granted and made returnable on
une 8
Cashs affidavit stated that he hat
been a member OF the FIRE mpany fo
twenty-nine years, and for the pas
fifteen years an honarRry member
TO which distinction he was en-
titled by reason OF having served foi
more than fve years as an active member
On April l. he and others were expelle,
at stated meeting OF the company
without having an opportunity TO put j.
e defense.
Mr.. Marvel also asked for an orde
compelling the company to produce Id
minute book, roll book and books o
sccount FOR the past twenty nine years
His application was refused becausi
the defendant was not yet Ia court
Should the msndamug proceeding
prove successful, qua warranto proceed
ings will be instituted to compel tn
company to hold another election.
The trouble is said to have grown ou
OF faetional troubles. Cash and other
claimed that there was fraud at tn
oompanys election held in February. ThiI
made the factional feeling even NOR
Il bitter ana resulted IN several expulsion
without hearings Next year IS csnten
nisl year and both factions were anxious
to have control Of the organization al
that celebration
This afternoon a jury Of inquisl
tion will be drawn 70 determine tbs
amount Of judgment In the case o
Barber g Perkins vs.. the Columbii
Building. Loan and Investment Associa
tion. The claim Is $685. LllburI
Chandler will represent the plaintiffs.