Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-06-16

date, MIR, Cooper continued, tho du.
PENDANT bought thu peninaun Methodist
from the plaintiff for 81, 900. paying
$4,000 in cash and giving check on the
tarmorB Bank of Georgetown for the
remaining $500 The chuck, he stated,
was duly presnnted. hut came back rro.
tested. Ho asked that Mr.. Thomas be
allowed $780, ths amount of tho check !;
ST. 80, the protest, and Sis. so, interuat,
making total OF $3.50. TO-
Alisn Annie NJ. Osborne and Mr..
TbomuH identified tho agreement re.
garding tho snle Of the pnper, and tho
latter testified that Mr.. Grise repre-.
sentcd ayudicRte. Mr.. Cooper offered
the agreement in evidence. Mr..
kichartis objected. claiming that 1t
was not mentioned in the nArF, hut the
objection was 0rerruleh. Mr.. Thomas
said the sum of 5000 was paid az q for.
felt before tho agreement was aligned,
and tho sum OF 81, 100 wac paid anu the
check for 5000 given when tho agree.
ment was signed, lilo added that the
check has not been paid. MIR. Cooper
asked him whether it had boon ure
sented for payment, when the defence
objected, and the objection was sns-
| tanned. On GrUss examination, Mr.
Thomas said heveral interviews con.
corning ths sale of the paper were held,
onu OF which took place at his office 10
dayH before the sale waa alrected. fla
/ declared thnt no wag not at Harrington
during September or October, 1896, hut
stated thar he want there during July
for tho purpose OF attending a meeting
! lie said tho meeting adjourned before
hu arrived, but he had talk with
some persons whO attended it, lie as.
sorted that the forms upon which tho
! paper WIS to be sold were not agreed
upon at this meeting, lie was asked
whether he said on the day of this
meeting that the paper had 2. GOO suh.
scrihorH and TINT ne had records to
prove the statement, but Mr.. Cuuper
| objected, and the objection was sua.
tanned. Continuing. Mr.. Thomas testi-
| fied respecting tho DRyments made, and
said he and Mr.. Grisa were the only
persons present on those occasions. On
redirect examination. be stated that
the property was delivered to MIR. Grise
| on November ID, 1896, md once Mr.
Grise uiforeti to return it, hut he (tho
| witnessI would not take it hack.
| Mr.. Richards moved for non suit,
coniending that the plaintiff had mt
| motion was denied
| 10 outlining the defence, Mr.. Richards
saili ha would show that the price agreed
upon to be paid by tho defendant was
obtained through tho fraudulent repre-
sensations of the plaintiff, that in the
negotiations tho plaintiff fraudulently
| represented that the paper had not eaa
| than $500 subscribers and that the
subscription list disclosed only |. $50
subscribers, OF whom between 200 and
300 were not bona iide.
| The Rev. Wilbur +. Corkran, ID. D.,
testified that meeting for tho purpose
Of considering the question OF purchas.
ing the paper was held at Harrington
nn November 2lHi, 1896, and declared
| that on that day, at the railroad plat
form, Mr.. Thomas told him the paper
had 1900 subscribers. On cross
examination, he said he was member
OF the syndicate and pail $500. lle
stated that meeting was held at Mr..
Thomas Office on October 23d, 1885,
the object OF which was to receive the
pRper's subscription list, but Mr.
| Thomas said the foreman had disobeyed
orders by npgleGting to strike an extra
list, and he (Mr. Thomas) could not
give it TO them Mr.. Thomas, however,
he assorted, repeated that the paper
had ., 600 subscribers.
This Rev. j. S. Wickline testified
that he heard Mr.. Thomas say at Har-
rington that the paper had 1900 sub
scrihsrg. On ross-examination, he
stateh that he invested $i00 10 the
paper.
Tho Revs. John D. c. Hanna and viii
liam W. Sharp testified that they heard
Mr.. Thomas say at the Wilmington
Inoeting that tho paper bud 1900 sub.
Hcrihers.
The Rev. Games 4. Van Burkalow
testified that no heard Mr.. Thomas say
four or five timeH ut Harrington that
the paper had 1900 Subscribers. On
crosa animation, he stated that he in.
vested 500 in tho paper. Ho added
that he held of awhile, explaining that
no thought Mr.. llama wanted il to he
mnde Prohibition paper, while he
the wltnes3l wanted it TO be made
Methodist paper.
At 3. 10 o'clock the court took a rc-
cess until yesterday. Before taking
the recess the court was informed that
the Jury in tho Fruzor- Ross case had
not ronehed verdict, and orders for
Keeping the jury over night were given.
at Yesterday mornings session, the
Rov. Vaughn S. Collins testified that Mr..
Ihomas requested him, as friend OF
both Mr.. Thomas and Mr.. Grise, to sea
Mr.. Grise regarding tho Peninsula
Methodist, and no did so, telling MIR.
Griae. on thY representations MAIDS by
Mr.. Thomas, that he (tho witnessI
thought tho paper was bnrgain, that
II had $500 bona fide susbcrihers and
could he bought for 81, 500. Mr.. Collins
said he, after the paper had been sold,
asked Mr.. Thomas why no represented
to him TINT the paper had 2, 500 aub
sorihors when 1T had only / 750, and Mr..
IhOmas replied that when he started
to collect from subscribers tho num-
her OF subscriptions diminished Mr..
| Collins added that he told Mr.. Thomas
he was sorry, that on Mr.. Thomas
representations he had informed Mr..
Grlee that the paper had $500 sub.
acrlhers. On crosa- examination, Mr..
Collins stated that he had not acted as
an agent. but as friend, and had
not examined the subscription list
The Rev. CharleE A. GriRe testified
| that Mr. Thomas stated at Harrington
That he would guarantees that the paper
had =, GOO bona fde HubHcribera, Con
tinuing, Mr.. Grise said: II and three
others called at Mr.. Thomas office on
October 23d, 1896, and asked for the
subscription list. Mr.. Thomas repliud
tnat ho was sorry, but he could not
furnish it, tho foreman having neglected
to take an extra copy Of it. asked
for the subscription book, and he said
ne had none. | asked for the Stub
receipt book, and Mr.. Thomas told me
IL would take four or five daya to 90