Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-10-20
BANNISTER CASE.
Occupying the Time of the Cir.
cult Court.

Witnesses Examined They Declare
that no Contract for Any Royalty
Had been Made-Seneca Glass Com
pany has Its lnnings-Progress of
the Case Exeites much Interest.
Frank Caples the second witness,
testified that he vas book keeper OF
the Seneca Glass Company when
Bannister's account was put in led
ger etc; that a portion OF the boxes
were bought in Point Marion, aud
the other portion of a Toledo firm;
the latter PORTIONS called cartoon,
and is paper case in which glass
is packed, it being inclosed in box
that holds as much glass as bar
rel. Bannister applied for patent
on the Cartoon some time ago. Wit
ness did not know there was prom
Use to pay 5 cents royalty, he not
then being director
August Boehler, president of the
Glass Co., stated that neither he as
president nor as director, nor did
: the Board of directors, ever contract
ito pay defendant any royalty, bonus
or compensation or commission on
the.cartoons, and that hehad no know
ledge that left had been thedefendent
receiving the Sc for same until in
February 1900. Bannister's resig-
nation took effect at the close of
1899; that the present secretary in
formed him and the other directors
of the past that defendant had been
charging the Company the royalty.
Mr.. Cameron, also director, was
introduced and repeated, substan=
TALLY, the testimony OF the Presi
dent as to the lack oil information of
the directors as to promise to pay
royalty, until told about it in Feb
ruary.
The ledger journal, and other hooks
and papers have been admitted as
evidence. Considerably more time
is consumed than would be If the
witnesses could speak English more
readily. Some times question
has to be asked in several different
ways before they can understand it.
As said, the issue seems to be
whether the company agreed to pay
Mr. Bannister the ROYALTY, or If
they did not do so did he unlawfully
enter the charge on books. If he
did not, did he feloniously keep the
$20250 1t is going to be hotly
contested legal battle. The jurors
never listened to more eloquence
that they will hear when the dis
tinguished lawyers on each side
speak.
The witnesses yesterday said that
defendant had, while he was secre-
tary of the company, charge of the
office and control of the books. The
book keeper, Mr.. Caples, stated that
he made the extry charge as to the
5 e royalty by direction or Mr..
Bannister.
The defendant appears cool, and
he seems confident of victory.
Col. Arnett and Gen Cox take
great delight in jollying each other
and spectators are highly enter
tanned by their friendly oral spats.
Otto Sigwart and Frank Smith
kins, directors testified this morning
and agreed with the other directors
previously examined that defendant
had full charge of office while he
was secretary; that he did not ask
either director or the Board of di-
rectors for royalty or pay for car
ICONS; that they first knew of the
1902 so charge for same in February
of this year through present secre-
tary who began his duties in January
1900. (This charge was entered in
l099) That the company had employ
ed Coils. Arnett and Frazer to assist
the prosecution; that neither. has
any feeling of emnlty against de
PENDANT; that neither they nor the
directors as Board ever agreed to
pay defendant any money for the
cartoons as royalty or commission
or otherwise; that at meeting of
the directors while defendant was a
director resolution was passed that
all checks be countersigned by the
president of the company, and that
defendant said that that would make
no difference to him if he desired to
defraud the company; that the di-
rectors know nothing about book
keeping.
The State rested at noon. The de-
PENDANT introduced his first witness at
o'clock.