Evening journal., 1897-02-15
REFUSED TO PAY BELL,
And the Workingman Sues the
Diamond State Company.
CHARGED HIM $lO.5e FOR QUITTING
INTERESTING CASE OF ABNER H.
WOODWARD NON-SUITED BE
CAUSE PLAINTIFF FAILED TC
PROVE A MAN WAS DEAD

Immediately after Superior Court re-
convened to-day, Judge Marvel started
to charge the jury in the case of DR..
Henry w. Morrow VS.. Alfred Turner,
action on a promissory note of 500,
which defendant claimed had been OBJ
/ liberated by subsequent personal SER
vices After the judges charge the jury
retired az 1925.
The familiar face Of Hon. j. Edward
Addicxs was noticed among the law
yers In attendance at the opening Mr..
Addicks had a consultation with his at
torneys, Messrs. Ward, Lodge and
Hayes in the court stenographer's Of
fee.
Clayton NJ Riley. a well-lInown ju-
ror was unable to be in court because
of Illness and an excuse was accepted
by the chief Justice
A promissory note dated March %,
/ 1899. made by Abner IL. Woodward for
$3.50. payable to the order of stephen
Mitchell, with interest, was brought be-
fore a jury by Colonel Nields, attorney
for Mr. Mitchell's administrators. J.
Harvey Whiteman, counsel for Mr..
Woodward, substituted the pleas of
non-assumption, and the law Of limita-
tion. Mr.. Whiteman objected TO the
admission of the note In evidence.
A WHOLE CASE KNOCKED OUT.
After Colonel Nields had produced
and identified the promissory note, he
rested the plaintiffs side. Mr. White
man was on his feet In a moment. NOV
. ing for a non-suit on the ground tha
the plaintiff had failed absolutely {,
prove that Stephen Mitchell was deaS
OF hat he had any administrators. Col
onel Nieids vigorously opposed the mo
tion, claiming that the administrator
were the specific plaintiffs of the case
the very parties bringing the suit.
The colonel was clearly taken by sur
I prise. however, and court did not hesi
/ tate 10 instruct the jury to return a ver
diet for the defendant. Forema
p Holmes misunderstood the courts In
. structions and said the jury found TO
q the plaintiff. Here Col Nields attempte
= to also take advantage Of the eli
p cumstances and demanded that the vei
/. dict be recorded.
The other jurors shook their head
however, and Mr. Holmes corrected hin
: self TO say for the defendant and th
y bottom was out of the case much
Z the delight of Mr.. Whiteman.
AT l145 the Morrow jury returne
a verdict for the plaintiff for 500, u
face Of the note, without interest.
A wORKINGMAN's RIGHTS.
r The Diamond State Iron Compan
n through President George w Todd al
several representatives, and Attorn'
l.. c. Nandegrift. appeared In court
le defendant of the suit Of Edgar V. BE
r through Counsel H. II. Ward, for $lOl
Al for work and labor done.
l. Mr. Bell swore that Foreman Gel
II had induced him TO leave his work vii
h the Belts Machine Company, promisir
If TO pay him SO a week. The compar
n did not do this, and after receiving h
l. second pay envelope with only $S In
he searched for other work and left {
If the second day after the third pay da
or as soon as he could get a better 10
@. Mr. Vandegrift offered and had idei
. titled rule of the company providir
r. that an employe must give two week
notice of leaving its employ OF forte
81 the wages due him. President GeOrl
w. Todd and Assistant Superintendel
d George Brown, identified the print'
rules. Charles c. Wood and Abra
D. Palmer swore that every man employs
by the company had to agree 10 tho
Il, rules before he was registered as Z
emplOye and supplied with key. 30
T. was one who agreed to this rule.
Mr. Bell, called in rebuttal. deni
l. that ne had ever agreed to the rules, b
l. cause he had left the employ of q
company in 1895 without notice becau
Of OF violated promises.
In submitting his prayers, Mr.. Va
m degrift cited a charge OF Chief JUST
b. Comegys in the case of Coyle VS.. {
7e Diamond State Iron Company, whe
al similar regulations were read TO [
st man and whore he violated them
man and where he violated them by a
ruptly leaving and suing for his mon,
"I occupied the same position in q
case said Counsel Vandegrift, "th
Mr.. Ward now ocupies.'
is I'll bet you got a verdict int
Ir posed the plaintiffs lawyer, amid mu
laughter Mr. Vandegrift admitted III
he got a verdict, but circumstanC
70 were different. The case will go 10
la jury this afternoon.