The Wilmington daily Republican., 1895-06-12
FIFTH EDITION.
curry ~. charles narnrr Company.


The suit of j Frank Curry ys. the
Charles Warner Company will probably 10
TO the Jury tomorrow. The witnesses
exonliDed yesterday afternoon were A. D.
Reed, a. J. Johnson Charles Spencer and
JOhn w. Beetle WHO each testified to the
mixing OF mortar. Charles Q. Bye gave
the daily average of gales Of mortar from
March 20, 1882, to February 3, 1894
William L. Strawbridge. member OF
the Philadelphia bar. and wno was solici.
tor for the Warner Process Company. said
that In 1899 lie went to New York to ar
range for the sale of the mortar patent,
but the parties with whom he was to have
made the deal did not put In an appear
aHes He had received stock In the COM
pany for service randeied. u. 4. warner
purchased his stock at st a share.
Ralph ii, PevereY held 1000 shares,
which he obtained FREQ oil cost. 10 was
valueless. William Ii. Alberson OF Phila-
delphia had 200 shares which ne secured
for work done the company.
This morning L. L. Warner was recalled
and re-examined. lie denied that the
Quaker City Mortar Company had obtained
a license outside OF the one they had paid
$500 for; that Curry therefore had never
signed second license; that the Warner
Proceas Company had offered to sell the
patent to New York parties but that
party there had Offered to purchase the
patent for one million dollars In cash and
live hundred thousands dollars In stock.
Judge Bali objected to the witness an
swering why the Charles Warner Company
durlrg the year 1899. had not charged on
the books, the tixed and floating capital.
salaries and rent Of building. Mr.. Nlelds
| changed his question and inquired why
the company had changed Its books In
relation to the mortar account after the
| application of Mr.. Curry for the settle.
| ment made in August '93.
MIR. Hayes at nrst objacted on the
| ground OF irrelavancy but after ward with.
| drew his objection and the witness In re-
| ply to the question said that previous TO
that date they had not the remotest Idea
that Mr.. Curry would bave any interest
| In the mortar business after his demand
| for the statement the method OF sho wing
the profits was changed SO that they
| would 20 properly to the mortar account.
| In other terms they were more careful ln
/ their book keeping.
Where had the profits and losses been
charged previous to the application OF
MIR. Curry for statement
In with the interest. profit and general
expense account"
| Mr.. Warner said that the order to
| change the method OF showing thu NOR.
tar account was given indirectly by him.
Judge Ball then took the witness In
hand and began the examination by ask
Ing when the Warmer Process Company
was organized. He was informed In
June. 1872. Tho witness was present at
the meeting. Mr. Curry was not. Henry
q. Bueher was among those present.
Judge Ball asked whether or not Mr..
Curry had or had not been sent notice TO
attend the meeting but before the wit
ness could answer Mr.. Mic DIS entered an
objection which was su stained by the
court.
In answer to Judge Ball Mr.. Warner
said that on March 29.h, 1899. he had had
u conversation With MIR. Curry in relation
to the mortar business and the letters
patent which were to be- taken out on the
new invention.
On that day the plaintiff agreed to
allow the purchase of the new plant. one
half interest II necessary. They, the
company and Mr.. Curry. had not been
working under the agreement entered
into previous to that date. but the testi-
mony tile court ruled out. On that day
the witness cid say TO Mr. Curry that IL
would be a very unwise thing for him, the
plaintiff to have one half interest In the
new company.
Mr. Nields objected to tho wltne ,ses
answering whether or not the benefit un
der the old agreement would have been
greater to tho plaintiff than that under
tho new, hut the court allowed the Quss.
ton to go In and the witness replied thai
II would be an advantage. 10 this. he
eaid. Curry agreed. Not on that day. but
subsequently. Mr.. Warner did waif
Curry to have the letters patent Issued II
his nnmo as he was better known and the
business would therefore be better es.
| tablSheu.