The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-13

The trial of the suit of Frazier &
Chalmers. machinery manufacturers OF
Chicago, against L. c. Trent of this
city, which was begun in the federal
court yesterday, promises TO be a LONG
and tedious one. The court sat from
o'clock in the morning till $3.50 in
the evening with only a short inter-
mission for lunch, and when adjourn
ment was taken, the case had only been
fairly commenced. There is no likeii-
hood of it's being finished this week and
1t may consume the greater portion OF
next. The proceedings yesterday were
devoid of features that were even IN
teresting, almost the entire day being
consumed in the examination OF the
defendant relative to accounts be-
tween himself and the plaintiff COM
pany.
The suit has been pending since the
latter part of 1893. 1t was started in
the territorial courts in November of
that year and was postponed for vari-
Gus reasons till Utah became state
when it was transferred to the federal
court and finally came up for trial yes
terday
The complaint recites that while
representing Frazier & Chalmers,
manufacturers of machinery, the de-
PENDANT, collected $22,2 from the
Mammoth Mining company, the same
being in two checks on the DeSeret
National bank of this city; that the
defendant had paid S260.43 of the col
lection, and that the balance, $21, 9S9. 81
remains due and unpaid. Plaintiffs de-
mand judgment for that amount
The defense set up is that while in
the employ of the company as its
western manager, certain commissions
on sales of machinery were earned by
the defendant which remained unpaid
at the time the collection cited in the
complaint was made, and that the
defendant paid himself the commits
sions due, which are alleged to have
amounted to s21, 9S9.57, and turned the
balance of the collection, $260.43, over
to the company.
The case was called up at the open
ing of court at o'clock in the morning,
Judge Hallet sitting for Judge Marshall
who was disqualified by previous legal
connection. The plaintiffs were repre-
scented by the firm of Bennett, Howat,
Hardness & Bradley, and the defend
ant by Senator Brown and Judge Hen
derson, and during the day Messrs.
Dickson, Ellis & Varian were intro
duced in the case as additional counsel
for the defendant. A jury was called
but counsel for both sides agreed to
dispense with it. and the case is being
tried before Judge Hallett.
The trial opened by Judge Hender-
son stating at length the case of the
defendant. Judge Howat made the
statement for the plaintiffs, and L. C.
Trent, the defendant was called to the
stand.
Mr.. Trent testified to having served
the plaintiffs as their western manager.
entering their employ when the firm
was q partnership. In 1890 the firm
became a corporation. Witness became
manager of the company'S interests in
the western country DIT a salary of $500
2. month. and was to receive 21a per
cent commission on all sales, his ex-
penses TO be paid by the company
7V1en engaged in collecting. by himself,
when engaged in making sales. and the
company to pay all office expenses at
all times. The company had previously,
while a co-partnership, declined to pay
the commission on sales entailing a loss
instead of paying a profit. When the
corporation was organized, he de-
manded. and it was conceded to him,
that he should have the commission
on sales irrespective as to whether or
not there was a profit made. Witness
explained that the loss when incurred
arose out OF competition and especially
through orders of the company to
undersell a competing Chicago COM
pany. Agents were instructed that
they must crush the rival" There were
other occasions for loss, such as arise
in any line of business.
Witness stated that his territory COW
cred Utah, Montana, Idaho Washing
ton. Oregon, California and Nevada,
with the right TO go to Arizona and
Colorado.
Judge Henderson asked the witness
to describe his connection with the
firm with reference 20 the sale of ma
chinery to J. 3. Haggin. Judge Howat
objected on the ground that ii was
leading. but the court allowed the ex-
animation 70 proceed. Witness then
detailed a conversation between him
self and Mr.. Chambers, in which he
was asked to go to California TO effect
a sale of machinery TO Mr.. Haggln fer
the Anaconda smelter. He was told by
Mr. Chambers that Mr.. Haggin had re-
fused TO listen to the firm and he de-
sired to correct a misunderstanding
which LED up to it, and get the bust
ness. Witness had been told that he
would be allowed the 21a per cent com
mission on all machinery sold to Hag-
gin in future if he succeeded. He had
succeeded and sold Haggin machinery /
amounting to 81, 800. 900, and the firm
Haggin business.
Continuing, the witness testified that
he had been relieved as the western
manager of the company's interests on |
November %, 1898, by J. W. Young. |
Then began an examination of the wit /
ness concerning sales made and COM
missions he had received. There were
$50 items to be gone through and ex-
planned 10 the court. and Mr. Trent |
remained on the stand throughout the
day. When night came, 113 items had |
been disposed of. Mr.. Trent vii. re-
sumo at the opening of today's session |
and with the progress made yesterday. /
it viii require all of today and part of |
tomorrow TO complete the direct ex-
animation. Then will come the cross |
examination on each of the separate |
items and the examination of other |
witnesses 20 follow. 1t is doubtful if |
the trial will have ended before the |
middle or last of next week.
At $50 court adjourned till O'Clock |
this morning.
Grand Jury Indictment