The herald., 1898-12-03
THAT BARTLETT PIANO
MISS BEPLER CAME TO TAKE IN
RENT TIN BALANCE DUE
BARTLETT FREQUENT VISITOR
Alleges She Was an Employe of the
Firm-Meeting When He Was
Angry and She Was Sad

The controversy undertaken in Justice
Young's court by Bartlett Bros for the lore
closure of a lease on piano IN the posses
sion of Mr. and Mrs Schoaley is developing
some unusual and unexpected features. AT
the trial yesterday more light was cast upon
the piano deal by witnesses for the defense.
Mrs. Mary +. Schoaley testified regarding
the contract with Bartlett Bros, whereby
they agreed to take $3.50 of the purchase
price of the piano sold to her and her hus-
band in the rental of rooms. In purusance
of such agreement, she swore they placed
in certain rooms in her house a Miss Bep-
Ter. who occupied those quarters continu-
ously from October 81, 1897, to June l, 1898,
or for a period of seven months and three
days.
During the time Miss Bepler was in the
house Mrs. Schoaley testified, Mr.. Bartlett
came to see that lady on an average OF twice
a week, coming sometimes in the day time
and sometimes at night, and staying usu-
ally for about two hours with Miss Bepler
in her rooms.
By the terms of the agreement Bartlett
Bros were to allow SIG per month on ac-
count for the rental of the rooms occupied
by Miss Bepler, whose stay for over seven
months, defendants allege, entitled them to
a credit of Sll3.60. That amount. it ap-
peared. had not been paid save as by its
being applied to the extinction OF the in
debtedness of $50, on account OF which SUIT
had been brought by plaintiffs. The rooms,
afterwards held subject to the order OF
Bartlett Bros, though, not occupied, are
assumed to have eXtingushed the entire
claim.
George f. Weber. lodger at the house
in question, testified to being present dur
ing a conversation after Miss Bepier's ar
rival, in which Bartlett assumed RESPONSE
bility for her rent and authorized such rent
to apply on the purchase OF the piano. The
witness also corroborated the statements of
Mrs. Schoaley regarding the statements of
Bartlett to Miss Bepler at her rooms and
to verbal notice given by Bartlett at about
the time Miss Bepler left that he would
no longer be responsible for her rent.
Mrs. Nora Simpkins, who resides at 1927
Rich street, swore that sac formerly worked
for Mrs. Schoaley as housebeeper and was
present when Miss Bepler put in an appear
ance and said she had come by direction OF
Mr. Bartlett to board out the piano. That
was in October of last year On one occa-
sion Miss Bepler sen, for Bartitt. who came,
and witness overheard corversation te-
tween the two, in which Bartlett was talk
ing angrily and Miss Bepler was crying.
Bartlett soon want away from the house.
That was the only time witness had spe-
cially observed the two together in the
house, but they might have been there at
other times. 1t was the controversy that at
tracted Mrs. Simpkins' notice. She also un-
derstood that there was a disagreement be
tween Miss Bepler and Bartlett.
Plaintiffs position appears to be that Miss
Bepler was in the employ of the firm as a
canvasser for pianos, and as such it was de
srabe to consult her regarding business OF
the firm, her tears being due to her dis
charge as an employe.
An amended answer and cross-complaint
filed by defendants yesterday admits an in
debtedness of $3.50 as a balance due on the
piano. but sets up claim for $3.50 and
costs because of a cancellation of the agree
ment without the consent Of defendants
and without just cause The cash was
counted out and tender made in court OF
the $3.50, but payment was not accepted.
Further evidence will be taken in the case
today.