The evening times., 1899-10-20
CALLS SUIT FOR BOOKS.
The Former senator Plaintiff
Against John r. Victory.

Against John r. Victory.
The case OF former Senator Wilkerson
Call Of Florida against John F. Victory on
writ OF replevin for the recovery Of 455
volumes Of the "Pre-idents' Messages and
Papers came up before Justice Of the Peace
e. M. Hewlett yesterday afternoon. Mr..
Call was represented by Howell Titus.
while the interests Of Mr. Victory were
looked after by former Representative
Charles Turner and J. W. Wheatley.
After ansexchange OF courtesies over the
question, of pleas MI. Call took the stand
and told his side of the story. He stated
that last April he was passing by the store
of the defendant inf Street, between
Ninth and Tenth streets, and was attracted
by sign to the effect that copies OF the
Presidents Messages" were for sale there.
He asked the defendant if he wanted TO
buy any, saying that he had an option with
his secretary, Mr.. Alexander, for an. ex-
change of documents, The defendant SAID
he would give S. per set. This was salts
factory to Mr.. Alexander. but the defend
ant later said he could not give 80 per
set, and asked to be released; that he
could not comply with the obligation; that
the person he had depended on refused 20
take them at S.. The defendant then, said
Mr.. Call, offered 81 per set, which was
satisfactory to Mr.. Alexander The books
were at Mr. Calls house, where the defend
ant went to examine them He asked that
they be brought to his store, SO that ne
might make better examination. nad
no objection to that, said the witness,
land the books were delivered for his In
spection.''
The witness said the defendant informed
him soon after the delivery Of the books
that the sets were incomplete. The wit
ness said no authority was given the de-
fendant to dispose OF the books. II he
remembered correctly, the defendant Of
fered $220 for the entire sixty-two SETS
This proposition, the witness said, he wired
Mr. Alexander, and the next day he sent
a note TO. the defendant, stating that
better offer had been received, and to
please return the books. He also offered
to give Mr.. Victory a present OF 30 Ior
his trouble. The defendant refused to de-
| liver the books. which the witness said. he
had no right to hold. Il then served out
writ of repievin," said the witness, "and
found the books stored away" The witness
said he had never agreed to deliver the
books at a stipulated price.
Mr.. Call was cross-exanained by Mr.
Turner, who insisted upon knowing what
Mr. Alexander had to do with the books,
and how the witness could exchange sets Oh
| the Presidents Messages and Papers" for
other documents when he was endeavorlne
! TO effect their sale to the defendant. Ine
witness denied having ever said the books
| belonged to Alexander, . He also said he
did not know how many sets there were
until informed by the defendant
! 'Did Mr.. Victory ever offer you 500 for
| twenty-five sets" asked Mr.. Turner?
He never made any offer. answered
| the witness.
| Mr.. Call said he never put any price on
| the books. THE defendant stated he
could sell them at s4,' said the witness,
"and l said that would be satisfactory.
| He never paid 81, nor offered it, and
never asked it,
Mr.. Turner wanted to know IL the books
! had been returned to the witness, but
| Mr.. Titus seriously objected, saying the
witness had given bond TO cover any
damage that might be done the defendant
| Here the attorneys for the defendant ar
! gued that Mr.. Call had no title to the books
| in question; that the title vested In the
United States. and that Mr.. Call was sim
ply the distributing agent of the United
| States. The books were intended for such
persons as Mr. Call should designate. Judge
| Hewlett remarked that the writ called for
| the possession of the books, and said
nothing about title.
After some legal argument Mr.. Victory
| was sworn He said that late in April or
! early in May, Mr.. Call came into his place
| of business and wanted to know if he would
| buy the books. Mr.. Call said he would sell
| twenty-five SETS The witness wanted the
| offer put in writing. In the first conversation
| with Mr. Call, the witness said that Mr..
| Alexander figured in the case. but that after
| several meetings the plaintiff did not refer
to Alexander Mr. Call. the witness said.
released him from the offer of S. per set.
which he had agreed to give. He then
| offered the Senator 81 per set for twenty
| FIVE SETS This was satisfactory 10 Mr. Call,
/ the witness stated. The plaintiff told him
| the books were at his house where the wit
| ness might examine them. i went there, :
| said the witness, "and found fifteen sacks.
1 After examining eight or ten volumes.
/ said il would take some time TO examine
| all of them and il was agreed that the
| books be sent TO my store where q
thorough examination could be made. When
/ l saw the Senator again l told him there
| were sixty-two incomplete sets in the sack;
! that thirty-three volumes of No. Z and
| thirty-two volumes of No. 9 We're miss
| ing. l wanted a written order on the
| Superintendent of Public Documents for the
missing volumes and an order for the de-
! livery of the tenth volume. l offered the
| Senator S2ee for the lot, but he wanted
| s225''
The witness said. that Mr.. Call came &c
his store every few days and made en-
| quiries about the matter. Il am ready tC
| pay the Senator whenever he would cem-
| plete his part of the deal by supplying the
| missing books, and am urging him all tbs
time" said the witness. In response tC
! a question from Mr. Turner, the witness
C-1l G,a A. hi- off
| of $500 for the sixtytwo sets, saying how
ever, that he would wire Alexander.
The next day. the witness said, mar
| came in with an order from Mr.. Call for
| the books. In the note plaintiff wrote tha,
he had received another and better offer
/ and would make some contribution for his
trouble. The witness told how he moved
the books from his premises on advice OF
counsel on being served with the writ
but the original bargain was for twenty
five sets at 81 per set The witness said
he had sold two sets at IS per set. The
| price asked by the Government was 50.
In answer to a question from Mr.. Titus
! the witness said the books were in his
possession about six weeks. The witness
denied saying to anyone that the books
were sent to the place for inspection.
man named Collins, who was wit
ness for Mr.. Call, said he went into Vic
tory's store, and saw the books He E1ads
enquiries about buying some of them, but
Victory stated that he had not reached any
agreement with the owner; that If he coul6
close the deal he could talk business. Il
was brought out by Mr.. Turner that Col
Inns was broker of public documents, an6
that he had bought the books from Call
paying from 81 to $3.50 per set. He had
also been private secretary to Representa-
tive Howard, of Alabama, author OF III
Christ Came to Congress"
| NJ Coll Il, raplv RI o,ioSfion from Mr.