Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-10-23
BANNISTER CASE.
Defense Rested Shortly Before
noon Tuesday.

Synopsis Of the Testimony Introduced
Mr. Banaister on the Stand in His
own Behalf Character WITNESSES
Examincd-End Of the Interesting
Legal Battle In Sight.
F. b. Bannister's testimony con
tinued: The oral agreement with
the Toledo CO., and himself was
made IN January or February 80
and his and August Boehler's as TO
the payment to him of D cents per
box was entered into in the latter
month. He claimed royalty in pres
ence of Ora Dills, President Boeh-
Ter and visitors several times. Di-
rected the bookkeeper to make the
1902 80 entry because he was en-
titled to it. Never had any intention
to defraud the Seneca Co. Il never
embezzled. - Sent bill To Company
April lst. Have never had settle
ment with the Company and il has
never rendered me an account though
he had rendered 1T his account.
Cross examined; Sent bill to Com
pany after it had twice asked me to
pay it 1902 80. Application for pa
tent on cartoon was rejected No
other glass plant in the United States
has paid me royalty on cartoons.
Mr.. Bannister was asked in regard
to two checks that were sent to his
first patent lawyers. They were
Seneca Glass Company checks and
signed by w. I'll. Bannister who was
then treasurer. At that time checks
were SO signed and net as now so
signed aud countersigned by the
President) one was for $15 and the
other called for $50. He explained
that the probable reason he is not
charged on the books of this Compa
ny for this $45 is that he was prob
ably away at the time His father
had sent same for him. The not
charging same was not oversight.
He admitted that same should have
been charged and that he should
pay the same; he had no intent to
defraud the Company.
In chief; Made application for
patent Dec 80, '9S. w. II Roberts,
patent attorney, of Washington, d.
c. Attorney for defendant as to pa
tent Same was rejected, but not
finally. He can have another hear
ing
Re cross examined; A person ear
always amend application by max
ing new speci fications.
The following named witnesses
testified as to defendants reputation
''tor honesty and law abiding citi-
zen." Each said that same is good
so far as | know. On cross examina-
ton none of Them stated that he had
not heard his said reputation dis
cussed prior to the indictment ex
cept Mr. Steele who said the F. IL M.
bank directors had discussed his
reputation as to honesty. DR.. Blu
chanan and cashier j. l.. Keerer al.
SO testified that they had heard that
defendant had "the habit OF playing
poker Prof A. w. Lorentz, G. b.
Ollie, Prof. Hodges, Rev. Buchanan,
r. f L. ALLEN, DR. White, VIM.
Moerhead, John Gregg, d. G. Hof
man, George Steele, T. Bennett, j.
E. Price, w. f. Glasscock, j. A.
Davis aud DR.. Courtney.
The defendant rested his case at
IL o'clock Tuesday morning.
Resumed in chief: Leopold Sig
wart, ex-president of the Seneca
Glass Company took the witness
stand and denied the testimony OF
Kern, Kaiser and others as to prom
ising to pay defendant royalty or
that he claimed such. He made a
general denial. He further said that
the defendant once said he intended
to make the Company present OF
the patent.