Evening journal., 1900-03-07
Jury Disagreed After Being
Out All Night and Until
Noon Today.
STOOD SEVEN FOR PLAINTIFF
FRANTz-GIRARD TRUST COMPANY
SUIT SLOWLY PROGRESSING.
ONLY TWO WITNESSES HEARD
DURING THE SESSION TODAY.
PLAINTIFF WANTS TO RECOVER
LOANED MONEY.

The suit of DR.. Abram E. Frantz vs..
the Girard Life Insurance. Annuity and
Trust Company. of Philadelphia. was
begun with a special jury William s..
Hilles Is counsel for DR.. Frantz. j. H..
Hoffecker, Jr., has withdrawn as coun-
sci for the Girard Company to appear
as a witness. George Tucker Bispham
and Robert II. Maxwell, of Philadel-
phia, succeeded Mr. Hoffecker as coun-
sci. The suit is an action for deceit
based upon alleged Misrepresentation
made by the defendant company as re-
ceivers of the Wilmington Dental Com
pany TO the plaintiff, who
advanced $1,000 to assist the
receivers in assuming an Indebtedness
Of $4,000.
The amount is alleged to have been
advanced after the receivers had been
appointed upon the understanding that
IL was to be a preferred claim. When
the United States Court ordered a dis
tribution of certain assets in the
hands Of the receivers DR.. Frantz was
given the same consideration as the
other creditors. In the first distribu-
tion of assets he received "A per cent.
of the money advanced. By the second
distribution, which was ordered last
Saturday, he received an additional IS
per cent, and sues for the balance. 81,
32S.13, with interest from January /.
1897.
DR.. J. F. Frantz. a brother of the
plaintiff, was the only witness yester-
day afternoon. He testified that he
was president of the Wilmington Den
tai Company from the time of organi-
zaticn until the receivers were ap-
pointed. After the receivers were ap-
pointed he was general supervisor Of
the cOmpany's affairs under the specific
direction of the receivers. He raised
$4,000 to liquidate a debt upon the as
surance of Henry l.. Tatnall. vice-presi-
dent Of the Girard Company. that it was
to be first claim and would be paid
out OF the first assets. A. e. Frantz
contributed $1,000 of the money.
The Lawless jury was charged by
Chief Justice Lore in the Superior
Court yesterday afternoon and it re-
tired at 2.45. Ii was cut all night.
Much interest was manifested by
the members of the bar in the case and
this morning a large number Of law
yers were seated within the railing.
DR.. J. F. Frantz was again on the
stand and was cross-examined by Mr..
Bispham. Several tilts arose between
counsel and evoked some applause at
times DR.. Frantz was on the stand
for about two hours.
DR.. Abram E. Frantz followed his
brother He testified that he was a
stockholder but not an officer in the
Wilmington Dental Company and that
in 1898 his brother. DR.. J. f. Frantz,
consulted him concerning the raising
Of $4,000 to take up a note held by H.
B. M. Barrie. of Chicago. He went to
Philadelphia with his brother, An
drew F. Frantz, of Lancaster, where
Henry Tatnall. ice-president Of the
Girard Company. told him that the
loan, $500. would be paid out Of the
first funds to come into the hands of
the receivers.
Dr. Frantz was on the stand when
the court announced a recess.
The Lawless jury came in at 12.45,
after being out all morning. The fore
man announced their inability to
agree on a verdict. Seven of the Jurors
were in favor of 81 1000 for the plain
tin Eight, jurors at one time voted
for this amount. The court discharged
them from further attendance at this
court.