Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-19

| cutting witness was called. lilo testified
| that he was farmer of Ccntreville,
DEL, and that he knew the defendants.
They had bought stock for him two or
| three times. From what the papers
said he knew that Head & Co, had
failed. The failure was admitted on
the part Of the defendants
Witness testified that on the 25th
day of January he ordered them to buy
20 shares of Philadelphia Traction Go.
stock at $40. He saw Mr.. Lackey. He
identified letter as one he had re-
ceived through the postolfice reporting
that the stock had been bought. He
next saw Lackey on the 29th at the
Office, He went down to pay for the
stock, and paid for it in check for
Lackey and signed by the witness. The
check which was on the Central
| National Bank was produced and iden-
titled. 1t was marked paid at the Cen
tral National Bank, January 31st. The
receipt which Mr.. D,worth had re-
ceived was also produced. 1t showed
the receipt of money for stock bought
for Mr.. Dilworth's account and risk
and stated that the certificate for the
stock was to be delivered.
The certificate was to have been sent
to Mr. Dilworth, but he never received
it. lie never received either shares or
money. He made demand upon Mr..
Gayley asking him for the stock or the
money. Mr.. Gayley was to look it up.
Witness also received letter from Mr..
Ilackey stating that his stock had been
sold for 6915, that the money was
tied up. This letter was received after
the failure.
Mr.. Dilworth said that it was an out
and out sale made for investment.
Upon cross examination it was
brought out that Mr.. Dilworth did
not know Mr.. Gayley when he went to
the office of Heald S Co., to see about
his missing stock. Neither was he
acquainted with Mr.. Taylor, never
having passed word with him. Ii
also appeared that although he saw
Frank ID. LaclSey on the 25th of January
the 9th, which was Monday, was the
first business day on which the stock
could have been purchased He gave
the order about noon on the previous
Saturday. 1t was bought on Monday,
the 9th. On the 29th Dilworth saw
the Lackey boys, as he called them, and
Frank drew up the check. 1t was
about February 9th when Mr. Dill
worth made the demand upon Mr..
Gayley. The commission for buying
the stock was 81. So which he osed
Heald & Co., got.
Frank d. Lackey was the next witness.
He said that he was employed by Head
q Co., in the banking department. Mr..
Gayley usually signed the checks for
the banking department. Mr.. Lackey
testified to Dilworth's order for the q
shares of stock. He laid the check or
the desk of Mr.. Gibbons, the book
keeper, and presumed that he de-
posted it,
When asked if the. stock was evei
paid for by Head & Co., the witness
said that. they had an open account
with their Philadelphia correspondents
and ordered the stock transferred. He
could not say whether the stock was
paid for.
Upon cross examination Mr., Laclsey
told of the order for the stock and its
going over till Monday. According to
the statement of the Philadelphia cor.
respondent to Heald & Co., it appeared
that on January 9th purchase of stock
had been made for Heald & Co. The
indication was that the stock had beer
paid for with Heald & Co. g money az
Smith IL Co., the correspondent hao
made no domand for money. In stocl
transactions the Philadelphia CORE
spondent does not know the losal man
The official bulletin of the Philadel
phia stock exchange showed the pur
chase of 20 shares of stock.
Upon redirect examination Mr.
Lackey said that 'Dilworth's nam
would appear on the stock when trans
ferred. If the money had been paid tn
, Philadelphia correspondents in Dill
: worth's name the stock could not hav'
} been transferred without Dilworth'
order. The stock was not on the book
of the Philadelphia Traction Co., il
the name of Dilworth.
, Upon examination again by Mr.
+ Hilles the witness said that Mr.. Gayle,
: was sick about Saturday, the 25th. II
j the following week witness knew hin
D to be down town only on Friday. Ill
was not down again until after the as
, signment.
Henry Bush cashier of the First Ma
tional Bank, testified that Head & Co.
had kept an account with them.
} appeared from his testimony that th,
: check of 81, 400 was collected and wen
} to Haald e. Co. Is account When
rumor got around that the firm wa
= going to fail all the money then il
bank was absorbed TO pay call loan
There was about 81, 100 in bank at tina
8 time.
Upon being recalled Frank LaclSe,
I testified thar Mr. Dilworth did not ge
his stock because witness did not tail
TO Mr.. Gayley. The transfer coult
! not be made without Mr.. Gayley's or
| ders.
After bearing Mr.. Dilworth ono
. more the State rested. For the defence
Mr.. Ward said that they had showi
absolute lack nf knowledge of eithe
D of these defendants. Mr.. Hillcs re
D marked that If Mr.. Chandler though
it was strong case they would go on
{ Mr.. Chandler held that it was stron,
/ case. and made remark about blutiinl
= it out.
Tho defence got down TO work ant
first called William j. Lackey, who wa
| the telegraph operator at Head IL Co !
| place. He testified to sending the mes
( sage for Mr.. Dilworth's stock and t.
receiving word that the stock had beel
1 bought.
! Daniel W. Taylor, one of the defend
I ants, was next put upon the stand. HI
. had been member of the firm o
! Heald & Co for about IL years. III
D attended to the real estate and mort
' gage department ;had nothing to do witt
! the stock department The firm owe,
r more than it could pay and made al
assignment of everything it had. Hi
. denied that they took care of their rela
D tives, or that Mr.. Gayey preferred hi
mother among the creditors. He salt
a he first knew of the Dilworth transac
4 tion three days before Mr., Chandle