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


to anybody except the j. p, Hart Co.,
and no money had been paid him.
MIR. Higgins conducted rigid crosse.
examination. He asked Mr. Kerr IL he
was the owner OF the boat, to which
Mr.. Kerr replied, That is for the
court to decide. y
Did Mr.. Nolan transfer the boat to
Mary g. Service?" Mr. Higgins asked.
II was not consulted about the mat
ter, replied Mr.. Kerr. "Mr. Nolan
came to me afterward and told me he
had made such transfer. and / told
him he had no right to do it without
consulting me. y Continuing he said
he had no knowledge Of Mary 9. Ser
vice paying anything for the boat.
either to him for Mr.. Nolan.
re there any relations business or
social between Mary Z. Service and
MIR. MolanH" asked Mr.. Higgins.
" Mons that know of" replied the
witness. Mary G. Service is John ID.
Harris housekeeper. "
Mr.. Higgins asked who had the man
agemart OF the bpat during the time
when all Of these alleged transactions
were being made, to which Mr.. Kerr
replied, That's pretty hard question
to answer. kept clear Of her.
why did you nut manage your own
propertyp" asked Mr.. Higgins.
Il had reasons. Mr.. Kerr replied
II you were before A. Philadelphia
jury you would know the reason why.
| did not want to 90 to jail. | did not
want to know too much about the boat
and did nat bother myself to find out
much. 1t would be difficult matter 10
tind out just who did look after tho
boat all Of the time.
Who do you suppose, F" asked Ny.
Higgins, "looked after the boat mJst
Of the timer"
Well, /" replied tho witness, z" ]
guess it was John u. Hart and his
bookkeeper Mr.. Jordan. !"
Mr.. Higgins inquired as to WHIT had
stirred AIR. Kerr in November 10 have
the mortgage cancelled. Mr. Kgrr said
at first that it was mainly his desire to
have the boat released. hut hejwaH also
ANTIQUE to got the note back and de-
sired TO force matters.
Then you are the owner Of the
boat'" asked Mr.. Higgins, whereupon
the witness acknowledged that he had
some interest in the bout.
A soon as MIR. Kerr had finished
court took recess until III o'clock
Thursday morning.
When this cass was resumed, II.
II. Ward, counsel for the owners
of the Laurada, Informed the court
that George Lodge of Philadelphia. to
whom the $4,000 mortgage had been
given originally, was unable to lie
present on account of an engagement
in Pittsburg, Pa, which would prob
ably detain him until Saturday. As
Mr.. Ward desired to have Mr.. Lodges
testimony he offered in evidence an
affidavit concerning the mortgage,
which had been name by Mr.. lodge.
Ex-senator Higgins, representing Mr..
Weiner., objected to the affidavit, re.
marking that he should like TO have
an opportunity to cross examine MIR.
Lodge.
Judge Bradford said he would
merely inspect the affidavit to ascer,
tain whether or not it affected the
question at issue.
Henry r. Edmunds, United States
commissioner at Philadelphia, was
called by Mr.. Higgins to testify on
behalf of the petitioner. He said that
in conversation with W. W. Kerr
| during the trial of j. ID. Hart in
Philadelphia Mr.. Kerr told him that
| Mr.. Weinert held mortgage on the
Laurada; also that Mr.. Weinert held d
| charter party, He stated that he also
had conversation with Horace L..
| Cheyney and John u. Hart in his
Office, they having gone there, as he
understood, to make settlement in
regard to the mortgage. 'They got
into a controversy. he said, and
left my office. and the last | saw OF
them they we're going off together.
supposed they had made UP theil
differences. MIR. Edmunds said be
had seen the mortgage and assignment
| TO Mr.. Weinert. He also said Mr..
Lodge had told him that he had NJ
interest in the boat, had simply made
| loan.
Mr.. Ward held that none OF ths evil
dence which had been taken was peril.
nent. He was willing to go without
the Lodge affidavit for the purpose oil
having an curly decision.
Mr.. Edmunds commended that while
a mortgagee has not the right TO attach
the boat at first. should the govern.
ment attach the boat for any purpose,
slle lie attached for all purposes and this
mortgage has the right to defend his
interests. He thought that should thu
order 10 release the boat be reinstatec
the MORTGAGE would be thrown out o.
court.
Mr.. Weinert's counsel were not pre-
pared to complete their argument AMI
the hearing was continued until II. /;
o'nlock Monday morning.
The bearing of the application va.
resumed Monday morning.
George Lodge of philadephia who
held thu 81, 800 mortgage aguinst thu
Laurada, was. put upon the stand by II
II. Ward, counsel for the owners OF th,
boat lie admitted having held tht
mortgage, and said he subseouentIy
signed satisfaction piece. On Nnve,n
her 21st, 1896, more than a year after
ward, he signed All assignment TO Viii
liam W. Weinert. He alleged that b.
had never advanced any. money OF
either the mortgage or note whirl
had been spoken Of. lie said ha di,
not think of the condition of the nort
gage when he signed the assignment
When he affixed his signature he wa
so busy that he did not read the pane
thoroughly and was not aware of th
nature of its contents. His deeire wa
TO get rid OF the mortgage and he coul
not exactly understand why such
paper had been presented after he hat
signed satisfaction piece.
Ex' Senator Higgins, counsel for Mr.
Weinert, conducted the cross exam ina
ton.
Argument was concluded Monda
afternoon. Decision was reserved.
Sale of a Gaslieht Company.
Buffalo, N. y, Dec IL The con