Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-16

In United States Circuit Court yes
terday afternoon week, Judge Bradford
sitting, the taking OF testimony on the
petition of William w. Weinert of
Philadelphia, for leave to withdraw his
consent to the release Of the steamship
Laurada, was resumed. The applica-
tion was based on Mr.. Weinert's appli-
cation that he held mortgage against
tbs boat amounting to 81. 45S. 80, and
his counsel, ex-senator Anthony Hig-
gins, claimed that for this reason hs
had a right to object to the release of
the boat.
Horace Il. Cheyney, Philadelphia
attorney. testified that he had MAIDS
out the mortgage papers.
Robert I. Gill, registry clerk at the
Philadelphia custom house, in philR-
delphiR, was called to give data con-
corning the Laurada. as recorded IN
his office. He had brought with him
certified transcripts from tho records.
He said the Laurada was originally
40 English boat, and was known as the
Empress. By an act of Congress OF
1855 she became an American boat, the
name being changed to Laurada.
He stated that the first American
register was granted to the boat ut
Philadelphia on January eth, 1880,
William W. Kerr appearing on the
papers as the owner. Other transact
tions, with Mr.. Kerr as owner, were as
follows: An enrolment was issued in
Philadelphia on the same day, there
being change Of trade from foreign TO
coastwise and tho law requiring the
granting of an enrolment for coastwise
trade and register for fureign tradH;
the enrolment was taken TO Baltimore,
Nd, on March 22d, 1895. and tempo
rary register was issued there in lieu
thereof; on April 10th, 1887, an enrol
ment was granted in Philadelphia; a
register was granted in Philadelphia on
August goth. 1895, in place OF an en-
rolment; 40 enrolment was granted in
Philadelphia on September Goth, 1895;
on September 25th, 1895, temporary
register was granted by the collector of
customs at New York.
The next paper issued 10 the boat
was an enrolment. II was granted at
the custom house in Philadelphia to
the j. ID. Hart Co., corporation of
the State of New Jersey. This showed
change of ownership, and, according
to the records Mr.. Kerr had transferred
the boat TO the j. d. Hart Co.. on
January goth. 1896, the transfer being
recorded on February LIST, 1896. A tenn
porary register was granted to the j.
ID. Hart Co. ON February goth. 1896.
The boat changed hands again, ac-
cording to the records, on April l4th,
1896. bill of sale from the John d.
Hart Co. to John j. Nolan being re-
corded on April 9th, 1896. On May
9th 1896, the enrolment was surren-
dered at New York and a temporary
register granted to John j. Nolan. On
July 11th. 1896, register was granted
at Philadelphia to Mr.. Nolan.
The records shows that the boat
again changed hands on September
list. 1897, bill OF sale from John j.
Nolan to Mary @. Service of Camden,
N. j., being recorded on September
23d, 1897.
The first mortgage against the hoat,
according to the records. was given by
John ID. Hart, Samuel Hughes and W.
W. Kerr to Peter Wright & Sons, the
date of which was January 2Sth, 1895.
Ii was for $1,000, and was satisfied
and cancelled on October 18th, 1886. On
March 2iat, 1895, mortgage WAS givon
by William w. Kerr, aa owner Of the
boat, to Hurlburt & Co.. for 50, 600.
This mortgage was satisfied on July
3lst, 1895, at which time ii was can.
celled. On August Goth, 1895, mort.
gage for Sl5, 600 was given by Mr.. Kerr
to George Lodge, and, according to the
records, it was cancelled on November
22d, 1897. A mortgage was given by
W. W. Kerr to j. j. Nolan for SIC, 500,
on November 18th, 1895, and was can,
celled on January Both. 1896. A mort
gage was given by John j. Nolan Il
Emilio PUG for 50. 800. "a on October
18th, 1896. which, according to the
records, has not been satisfied.
1t had been stated in testimony thai
the Sl5. 600 mortgage given by MIR.
Kerr TO George Lodge, on August Goth,
1895. had been assigned to Mr.. Weinert
but Mr.. Gill knew nothing OF such al
assignment not having it on RECORD
and the records, appearing to show tina
the mortgage had been satisfied.
Alfred w. Morris of Philadelphia wal
the next witness called. He stated tina
he had transacted business for Johr
Bazely OF Philadelphia, aud allepsr
that he had a conversation with Mr.
Weinert about the latter part of las
October about bonding the boat.
William W. Kerr was next called Il
the stand by II. Ii. Ward, counsel fo
the defence, and asked to make state
ment concerning the mortgage in cues
tion. He acknowledged that he WA,
the owner OF the boat at the time h
gave the 81, 600 mortgage to Georg
Lodge, which was on August 26th
1895. He said he thought he nigh
requite some money and upon receiving
MIR. Lodges consent to loan it. nego
tiated the mortgage for SIS, O0O il
thought he executed a note about th
same time. The mortgage had beei
held by his broker and he was of th
opinion that tho broker also held tn
note. He never needed tine money b.
thought he would need and never Dor
rowed any on the mortgage For Ger
tain reasons, after a time, he did no
care to have this vessel In his name an
longer and made arrangements to hav
il in somebody else's name. IL
thought the mortgage had been salts
fed and executed another for $40, 500
in favor of John j. Nolan. This murt
gage was satisfied. He was unawar
of the existence of the Lodge mortgap
at that time, as the papers we're in til
hands of bis broker He then turne,
the boat over TO tho j. d. Hart Co.
and afterward 10 John j. Nolan. II,
stated that he never got the motto bac
ana did not know that tho Lodge mort
gage was in Mr.. WeinaIt's possession
until he had been told so recently
When he heard that Mr.. Weinert di
hold the mortgage he wanted an oppor
tunity to go into court and have ii So
aside. Finding that tho other partie
would not attend to the matter he in
sisted on Mr.. Lodge satisfying til
mortgage, which was done on Novem
per I'D, last. He knew only Mr.. Lodg