The Providence news. (Providence [R.I.]) 1891-1906, 1897-12-24

BRISTOL'S
COAL WAR.
Hearing on Complaint
Against Capt. Hart.
NATIONAL RUBBER CO.
Seeks an Injunction TO Restrain the
Landing of Coal.
SEVERAL WITNESSES EXAMINED

Something OF a coal war was on in the
town of Bristol last October, Judging by
testimony given in the case or National
India Rubber company vs. Capt. George
Hart, heard by Judge Rogers today in
the appellate division OF the supreme
court. Ii was not war between local
dealers, but a case of foreign invasion OF
the marts of tho historic old town. The
local correspondents of the several Provi-
uence newspapers had famed the EN- bers
of strife and over 100 of the staid and
softer Inhabitants of the town had, ow
ing TO generous advertising, gathered near
the coast line To watch the moving OF
the good vessel Napoleon. In order to
stimulate interest in her one witness
swore the story had been circulated that
she had be-, n broken into and that was
why he went TO the wharf.
The rubber company sought an ipjunc-
tion TO restrain Captain Hart from land
ing any more coal at its wharf and Cap
tain Hart claims he had the right TO land
there.
y. B. Cole, local coal dealer of BrIs-
tol testified that he was custodian OF the
rubber company wharf ana that in
October Capt. Hart landed his first cargo
of coal and that it tool. about a week to
discharge the cargo which was taken
wagons 20 which oxen were attached
The rubber company had not used tie
wharf for long time TO unload coal al
and Capt. Hart's action had seriously it,
juIed the wharf and coal dust was very
Injurious To the De Wolf Inn which was
to the north Of the wharf. and the ma
val reserve building which was TO .he
south.
On cross-examination be denied that he
mad ever gone To the rubber company and
asked TO be appointed custodian of the
wharf in oruer 10 prevent coal being
landed there. He admitted that Capt.
Hart went to see him and asked IL ne
knew the maritime laws OF Rhode Island.
but denied that the captain had tod him
he had the right to land there. He adj
mitted Capt. Hart had offered him wharf
age but he had refused IL ana then the
gate % the 10 the wharf was broken.
Andrew B. Meiggs confirmed the state
ment of MIR. Cole that Capt Hart was
ordered not to tie up to the wharf or up-
load but Capt. Hart ignored the orders.
There was great excitement at the wharf
the witness admitted when the vessel
reached there. The lock of the gate TO
tue wharf was broken on the second visit
OF witness tn the wharf on tho first daytime
vessel arrived.
Eugene A. Rounds testified that the
lock OF the gate To the wharf had been
pried open. presumably ny coal ohisel
Philo ID. Cady. sheriff Of Bristol county,
testified that he went TO the rubber com =
pany's wharf with a writ of arrest for
Capt. Hart and the latter remained on
his vessel and said no one could take him
oil her alive except United States mar
shall This was the first visit of the
sheriff and he was bit dubious as TO his
own powers, but the next dav he went
down again To the vessel ana advised
Hart TO surrender. This time the sheriff
went into the cabin OF the boat and no
violence was of cred to him. 1he next
day the captain saw counsel and sur
rendered.
An affidavit was road from Suuerin-
teudent Schlcsser of the rubber works
stating that Capt. Hart had asked for
leave 10 land at the coinpaDy's wharf
three times and offered to pay wharfage
which had been refused.
The defendant offered no testimony and
John Il. Conley made the argument in
his benalf. Mr.. Conley contended that
the case was not one calling for interfer-
enCe fy n court in equity. Samuel Nor
ris. .Ir., and James andtW w. r. Tillipghast
represented the rubber company.
Capt. Hart hns twice landed coal Mt the
wharf oI che rubber comnsnv and has
now q third cargo in Bristol larbor lie
claims no has perfect right to so do af-
ter rendering tho customary wharfage
charueS