The sun., 1898-06-15
SUIT AGAINST
A MINISTER
Joseph N. Thomas Seeks to Re-
cover $500 on a Protested
Check.
WAS PAID $1,000 IN CASH
BifRculty Caused by Purchase Of
Peninsula Methodist.
Ministers Who Formed the Syndicate
Testify that Mr.. Thomas Told an
Cntruth as tn the Circula-
tiOn of the Paper.


erday morning the case Of Frank H.
Thomas vs.. Pennsylvania railroad was
continued until the November term, and
n the ejectment case OF Martin Lane VS..
aamael kershaw, a rule to the plaintiff
10 show cause why the case should not
be dismissed was granted and made re-
snySabe on Saturday next.
The remainder of the morning was de-
Dted to the Frazer.Ross case. Mr..
xields finished his argument at ll.25
O'Clock and Mr.. Emnons took until
ELS o'clock this afternoon in making
his concluding address. In charging
the jury, Judge Spruance consumed %
minutes. Mr. Emmons flied an excep-
tion to the charge The jury retired at
Els o'clock. The court directed the
bailiff to obtain dinner for the jurors.
Court took recess until 230 O'Clock,
and at the opening OF the afternoon ses-
non the case OF Joseph Miller Thomas
yS. Rev. Charles A. Grise was taken up.
The plaintiff was represented by Peter
l.. Cooper, Jr.. and hugh c. Brown, and
GiiIiam Michael Byrne and George +.
Richards, OF Georgetown, Del, appeared
sor the defendant
The following jurors were drawn to
try the case: John c. Adams, Chris
snpher White, George Cupit, Francis D.
2er aolds. Jr., B. Vance Armstrong,
Enos Rambo, Lewis Ball, Thomas Kirk,
Iesse Talley. Thomas H. Donovan, john
NeGonigal and Charles Frisby.
Dir. Cooper, for the plaintiff, stated the
Ea1ure OF the case, and stated that it was
aglis to recover the amount OF pro-
asseti check fpr the sum OF 800 signed
by Charles A. Grise on November I'd,
1884 and drawn in favor OF Joseph
ThDma:
Protest fees and interest to the present
ame were asked for, making a total oi
ssJ0l9
The check was given as part payment
ID the amount paid by defendant for the
prha.e OF publication owned by the
plaintiff
The sum to be paid was s., 800. 5000
Of which had been paid in cash and
check Of 500 drawn on the Farmers
Bank at Georgetown, was given for the
salance. When this check was pre-
senl sG it wa. returned protested.
Annie NJ. osborn was the first witness
aIIi stated She was in the employ Of Mr..
Thomas at the time the agreemen: TO
pul~hase was made November 22d, 1896.
anA identified lcT signature on the con-
rsGt a. a witness.
}. Miller Thomas vas next called and
satei lie lad owned and published a
paper, The Peninsula Met hodi-t. prior to
November I'd, lS5r, but On tina; date he
Sold It to syhdiatc represented BY Rev.
tSr1-" Tor tie sum Ui -. 800.
as further stat ID that 5000 cash had
SEEN paid in two judgments, 81 100 and
$50, and he Lad been given a check for
$50 signed by Mr.. Grise for the re-
II, In ter. on tie check being presented
ii MS protested and he had never re-
eeIHed the money.
ar. Cooper offered the check in evi-
deHcc. 1t was identified by witness.
When osscEamincd Thomas sad he
had had several interviews with GriSe
nsardng the sale but could not remeln-
Der Whp was present at any OF them. He
had not presented the checks person.
ally.
in being recalled by Mr.. Cooper " t.
ness stated that he had turned over "a
his property at the time of the sale and
shat it had been ffen d back to him but
be refused.
The protest paper was not offered in
evidence and the plaintiff rested.
3,r Richards for the defense made a
mofiOn for npn-suIt on the ground.
that the protest OF the check had not
teen proven nor the prese ntatiOn. The
NH ion was d.niei and NJ Richard.
s.aied that he would prove the sale was
made through false representations re-
BY Thomas previous and at the time o
iis. sale that his paper had circula
lion Of 1900 when in reality it was only
40
Rev Wilbur j. Cochran Of Smyrna
testified to being present at a meetln" il
Harrington on October 2lst, 1896, where
ibe terms OF the sale We're discussed, anC
xhcn Thomas positively affirmed the cir
rnlatiDn to be 26U.
When cross examined he said he was
aae of the syndicate and had put in 500
md that Re-. Cir Sc, Hanna, Van Berk
aiOw and Wlitlinc were present at thT
meeting. He had never seen the sub
scription list though he was present at ;
second meeting in the office Of the plain
tiff in this city. He had learned the cir
culation was not as large as represented
awn or three days after the purchase.
Rev. J. $. Whitine Of Frankfort, Del
,ie next witness, testified to learing Mr.
Thomas say the circulation was not less
than 2GUO. He was present at one meet
ing and had put t4OO in the fund ant
knew nothing of the subscription lists.
Rev. J. y. G. Hanna stated he had
been present. at meeting on October
I'D, but knew nothing Of any subscrip
.ion lists. lie said he assumed tht
rd,orshp OF the paper directly after it.
purchase on November 2, 1896, and rec
tgnizrd an editorial read by Mr.. Cooper
appearing in the issue OF November: 7
1895, as written by himself in WHICH ht
had spoken highly Of the manner in
which Mr.. Thomas was doing all in his
power to aid the new management of the
aaper. Ht had not heard within three
aays that the circulation was less than
2JaO copies.
Rev. W. W. Sharp was present at
meeting of the syndicate and heart
Thomas say the circulation was 2, 500.
Rev. j. r. Van Berkalow was also
Tvsent and heard the same statement
he id I've hid contributed more thar