Evening journal., 1895-06-07
THE MORTAR LITIGATION.
THE CHARLES WARNER COMPANY
PUTTING IN ITS CASE.

The hooks Being Referred to and Facts
and Figures Brought Forth in an En-
denvor 20 Confound the Lawyers OF J.
frank Curry.
J Frank Curry closed his hard fight
for $50 900 in the Superior Court yes
tesday afternoon and the Charles Warner
Company is now engaged In desperate
battle TO keep It's purse strings IN hand
Immediately following the resting Of
the plaintiff Colonel Nields made his
opening for the defendant corporation
de contended that no evidence bad been
adduced by the plaintiff to show that the
defendant had received anything for
royalties He proposes TO show BY the
witnesses for the defence that the sole
object Of the agreement entered into was
to sell the patent royalty and right TO
use the patent The Warner Process
Company was organized for that purpose.
he would prove concluslvely that Garry
had information relative to the transfer
OF the patent from Charles Warner Com
pRny TO the Warner Process Company.
He not only had knowledge o. It but was
consulted and advised The company
had never sold 3 royalty or granted a
license. No one would accept them
although they bad been offered The
Quaker City Mortar Company paid only
the nominal sum Of 81 for the right to
use II, and not $500 for q license as has
been alleged. The Charles Warner Com
panv lost over 50 600 from March 20,
1892, TO February 3. 1894
f. T. Warner was called to the stand
ii "a. -
statement relative TO the Quaker City
Mortar Company's license and also said
that that was the only license granted
He regarded the Quaker City Mortar
Company plant aa q big advertisement
for the home concern as people from al
over the country went to look at it
John Richardson said that the Gales OF
mortar from March. 1892 10 February
1894, amounted to IS 800 70 The cost
OF machinery and tools incident to the
manufacture Of this mortar was &l4, 100
/ The witness stated that the floating
capital was $4,000. A fair rent for III.
building in which the mortar was manu-
factured was 5000 year
Mr. Richardson left the stand for
few minutes to make room for Thomas
II Savery, who testified that the de.
probation OF machinery WAS 10 per cent
per year A, d. Poole placed his esti
mate at 10 per cent, while William Il
Porter's estimate was per cent. on the
engine and 12l per cent. on the ma
chinery
Mr. Richardson resumed his testimony
aud said that during the time from
March, 1892. to February, 1894
| %, s72 74S pounds or sand was used Iti
market value WAS IS. 300 81 During the
same time SO 1864 bushels Of lime valued
AZ $13 37l ,2S. coloring matter valued al
| $160 35, were used. For use Of water
$i34 81 was expended. Labor at thl
mortar plant cost $S.10l. So, and $71 81
WAS expended for barrels. The amount
OF the clerk service In the mortar busi.
ness was 10 per cent. Of the geaeral
expenses Of the Charles Warner Com.
pany's business This amounted Il
"a, 495 Oh He sstimated that 81, S33 81
was for salaries, 81 $50 for clerk hire
and 81 023 20 forl stationery, insurance
advertising and taxes on the building
Judge Ball objected and the court sus
tained the objection.
The principal business OF the lawyer
during the early part Of this morning
session was in making objections ant
asking ths court to note exceptions to III
rulings The spectators seats wer
almost vacant, but within the bar raj
the chairs fronting the jury box weri
well filed with lawyers, witnesses AM
those interested In the suit
William T. Porter, being recalled, sail
that when he made his estimate concern
ing the depreciation OF the machiner
used in the making Of mortar he did no
include the incidental repairs
Jonn Richardson enumerated th
expenses Of the making OF mortar fror
March 20, 1892. to February 3, 1894, In
elusive; Repairs to machinery, 81. .0s8
90; oil and lighting, $3.50 "a
hauling, $s,770.17; freight, 1886 1C
He said that the total receipt
during the period were $4S, $50 76; tn
expenses, independent Of the cost
Of the plant, being $52, 77eSs A frac
tion over per cent. OF the company
sand business went into the manufact
ure Of mortar II never sold or manu-
featured mortar before Il obtained tn
present process. He never credited o.
the books the interest paid by the com
,, pany for the use in its general bushes
of monev received from the sale of NOR
tar. The monthly balance was no
swollen by the monthly receipts fror
the sale Of mortar The expenses of sue
manufacture were in excess Of the re
ceipts.
Mr.. Richardson was on the stand unde
cross examination when recess was taken
Sarah Pleaded NuIla Bona.
I tsA