St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-11
OUT OF THE TRIBA
UNE.
BIG SUIT AGAINST LOWRY,
IN WHICH A DEAL INVOLVING
100000 IS THE SUBJECT
OF DISPUTE.
JOHN DAY SMITH ON COINAGE.
The Hennepfn County Statesman
Believes in the Use of Both
Metals,

The trial Of the suit Of Alden J.
Blethen against Thomas Lowry was be-
gun in earnest yesterday morning be-
fore Judge Smith in the main court
room Of the court house and city hall
John P. Rea opened the case to the
jury, explaining to the twelve men the
case from the standpoint of his client.
The plaintiff and defendant had been
engaged in various business connec-
tions in the years 1890 and 1891, which
the plaintiff claimed made Mr.. Lowry
his debtor
The counsel occupied the time Of the
court for an hour and a half with his
story. When the attorney ceased the
large array of counsel held a consulta-
ton before presenting the evidence in
the case.
Alden j. Blethen, the plaintiff, was
sworn shortly before IL o'clock, and
Judge Koon objected to any evidence,
on the grounds that according to the
opening Of Judge Rea, the contract he
relied upon was a different one from
the one set up in the complaint. The
court overruled the objection, an ex-
ception was taken, and Henry J. Gjert-
sen questioned the witness.
Witness stated that in 1883, after he
parted with his interest in the Tribune
he was connected with the Journal
somewhat, and in the spring Of 1889
he saw Mr.. Lowry
Il saw him at the West hotel He
requested me to call upon him, and
ala: The invitation came by telegram"
state the conversation"
objected to-" said Judge Koon, and
the court sustained the objection. A
long wrangle followed The court
stood to its position, however and
asked that the contract be put in evil
dence before side issues were gone
into.
when did you and Mr. Smith con-
tract for the purchase Of the Tribune?'
asked Mr.. Gjertsen.
There was an objection, and the wit
ness was not allowed to answer, Judge
Koon holding them down to the con-
tract alleged in the complaint
The main point" said the court
is that contract when Mr.. Blethen
turned over the property to sell. The
balance may be part of the history
OF the case, but anything prior to that
is cofroboratiVe. and must be brought
In In that way. 1t seems to me that
the liability comes in at the time Of
the agreement with Lowry to sell the
paper and its turning over The rest
may come in later, but that should be
first, e.ze.-5T-1t ~ .~--,
The witness occupied the forenoon
and much Of the afternoon telling of
the purchase of the Tribune and the
Evening Star, Mr.. Lowry, he claimed,
guaranteeing a portion of the stock
OF the first named paper.
DINO mo
the attorney asked that the witness
tell about them in his own way Judge
koon would not let it in evidence on
the bonds without objection
I'D like to know what is in that
contract" said the court. IT cannot
decide intelligently unless know what
part Of this is in writing"
The court was shown a, recent in
which $4,000 of bonds were spoken
or. and was about to let in evidence
regarding the bonds not mentioned in
the writing when Judge Koon object
ed on the grounds that 1t was the
Tribune company that could contract
for the disposal Of its bonds, and not
individuals. The court allowed evil
dence as to the 100000
He has already testified, however"
said Judge Koon, that Mr.. Lowry
told him he could take the entire is
cents on the dollar
Witness dropped that phase of the
case, and his attorney asked him to
relate another conversation. which
was about the time of the contract.
Witness stated that at the time Mr..
Lowry insisted that he turn over the
majority Of the stock, or else he could
not sell the bonds. The witness sug-
gested that there should be q receipt
made. and one was drawn I'D. This
was dated May 16, 1890, and was sim
ply receipt for the bonds and the
capital stock. The agreement was that
Mr. Lowry should carry the stock for
one year, and if any of the bonds
should be sold that the receipts should
apply on the liquidating of the indebt-
edness
Witness stated that Mr.. Lowry
raised 100000 on the notes and bonds
in New York, which he sent to Mime
apoIls to take up other notes which
were due on the purchase A letter rel
at1ve to this transaction was placed in
evidence. Before Mr.. Lowry left. the
witness asserted, that he gave him GER
tain promissory notes, a portion of
which he returned with the letter.
WAS that 500 shares of stock ever
returned to you?" asked Mr. Gjertsen.
mo, sir. 1 have never seen it." was
the reply.
The witness explained that the other
$1G0, 900 of bonds were used in the m
building of the paper, with the excep-
ton OF $35, 900 worth, which were sold to
MI. Pillsbury for cash. Witness ex-
planned that by the time the plant was
finished there was a large floating in
debtedness. Some time in December of
1891, Mr.. Blethen communicated that
TACT to Mr.. Lowry by letters. The wit
ness was allowed to state the contents
OF the letter, which he said was to the
effect that in the spring there would be
100000 that must be paid.
Mr.. LoWry'S answer was short and to
the point, and was to the effect that he
could do nothing for Blethen Witness
cast about for an associate, but did not
succeed in securing one
Witness rehearsed a conversation
which he said occurred in the office of
Mr.. Lowry in February, 1891. Then Mr..
Lowry sent for him. Witness informed
Mr. Lowry that the Tribune owed s100
900 above the bonded Indebtedness. $780,
600 or $4,000 Of which should be paid in
a few months. Mr.. Lowry asserted that
the
SALE OF THE PAPER
was it's only salvation. Mr.. Blethen as
scented, and Mr.. Lowry said:
Now you are talking business. If
you turn that over to me I will get YOU
out whole"
Witness was told by Mr.. Lowry that
he would put himself In communication
with purchaser at once and let wit