Evening journal., 1897-02-16
CAPTAINOF NOW THEM
Seeks to Recover Salary From
J. Edward Addicks.
STOPPED BY A LEGAL HITCH

STOPPED BY A LEGAL HITCH
NOT PROVED THAT CAPTAIN TOR
REY WAS A LICENSED MASTER.
DEFENCE is THAT MRS. AID
DICKS, THOUGH SEPARATED
FROM HER HUSBAND. GAVE THE
ORDERS.
John Edward Addicks appeared in
Superior Court this morning defending
a suit brought by ex-Captain Frank
, Torroy, Of the yacht Now Then.
: Mr.. Addicks did not manifest any
concern in the case but busted himself
, with his newspaper until after Counsel
James w. Ponder had stated Captain
Torreys case to the jury. Then he en-
gagged In close consultation with his
counsel, Messrs. Lodge and Hayes.
7 The suit was one of the most inter-
: esting OF this term, and brought before
the public again recolections of Mr.
Addicks' handsome steam yacht. Now
Then, which formerly ploughed the
waters of the Delaware and was one of
the leetest OF her class afoat Captain
Torrey who Is a large and able sea-
man, with nineteen years experience as
master of fast steam yachts,sued for six
months salary at 500 per month,
from November. 1894, to April, 1895.
The defence was that, by decision
of the courts. the Now Then passed out
of Mr.. Addicks' possession IN the
month OF November in question, and
that Captain Torrey's services were
performed in response to orders from
Mrs. Addicks, in whose name the boat
had always been.
, MIR. ADDICKS REDUCING EX-
PENSES.
Captain Torrey swore that since 1879
= he had been In the employ OF Mr.. Ad-
dicks as captain or master OF the Now.
d Then. He always received his salary
1925 per month-from Mr. Addicks. and
has never been discharged by him In
the fall of 1894 he was telephoned for
by Mr.. Addicks, whom he met In the
Drexel building, Philadelphia, and his
:, employer told him he would have to
s cut down expenses on the Now Then.
Captain Torrey suggested that his
own salary be reduced to 500. and that
u they get along with only one deck
;, hand. This was agreed TO, but Mr. Ad-
q dicks never paid the 800 n month, al
thoHgh ordering a number OF repairs
3 which were done In one interview Mr..
" Addicks said
J. you know. captain, i am about to be
J. elected United States senator from
e Delaware. and. in that case we will
want the yacht around Washington"
e Captain Torrey towed around to Tot
J. tenville, Staten Island. A new deck
2 was placed in under Captain Torrey' s
Ie supervision. Subsequently Mr. Addicks
l. stopped answering Captain Torreys let
ters. and after the expiration OF the
sixth months he secured the captaincy
OF another yacht.
e NOT A DIVORCE PROCEEDING.
I During the ross-examination. Mr.
l- Lodge sought to sustain defendant'i
y plea Of n0n-assumption by asking th,
a witness If he did not know that the
] yacht was in Mrs. Addiclxs' name, and
y II he did not take orders from her al
r. her Fifth avenue home in New York
p city.
Y Captain Torrey replied that the yacht
y- was always in Mrs. Addicks' name. but
r hc executed no orders from her, as Mr.
a Addicks was his employer and sent him
his checks since 1879.
Mr.. Lodge-"But did not you know
that Mr. and Mrs. Addicks were separ-
.. ated?"
\. Mr. Ponder-"May It please the court
=. | must certainly object on the ground
Z, that this is not divorce case"
D. ATTEMPT TO NON-SUIT
=. Mr.. Hayes, for the defence. attempt
~ ed to non-sut the plaintiff, when his
~ case rested, on the ground that II ha,
not been shown In evidence that plain
r tiff was a licensed master as demande,
{. by the law of the United States OF
=, steam vessels. He declared the contrac
~ was void. The non-suit was refused
- but Mr. Hayes at once rested The de
ln fence and asked the court to charge tn
g jury and leave the question Of non
- compliance with law and void c0ntrac
% with them. The charge will lie deliver
ed this afternoon.
THE BELL CASE AGAIN.
O. Before adjournment yesterday after
II noon the Draper V. Bell jury returne
elk a verdict Of $l0.54 in full for the plain
". tif against the Diamond Sta.e lrn
OF Company This morning Mr.. Nandegrii
m. moved for a new trial, and will argu
for it this afternoon. The Diamon
State Iron Company is particular
anxious not to have its rules regardin
On forfeiture of wages for abrupt leavin
10. knocked out in court