The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-06
Both Guernseys on the Stand.

In the trial of the Guernsey case,
yesterday, nothing of sensational
nature developed, but there was turt
an intimation during the morning saS-
sion that all of the alleged attempts at
influencing witnesses had not been ,o!d
of during the hearing OF the day baturr.
NJ. w Guernsey. The plaintiff, waite
under crosseXamination by Major
warren, admitted thai he engaged De-
tective Will T.. Clifford to help him
work up his case. bat learned, s. he
says, that the same dete ctive had b zen
working in the interests of j. W.
Guernsey, so discharged him before
giving him any work to do. His par
ticular purpose in hiring a detective
was to investigate story he heard to
the effect that efforts had been made
to tamper with Charles Bennett AMI
other witnesses.
Major Warren tried to bpfng out from
the witness that he was payin. his
brother $3j month to do his work,
while he attended 80 his livery bust
ness in Green Ridge and other private
affairs. The witness admitted that he
conducted livery in the name of Ross
K Co., but denied that he allowed it TO
interfere with his work in the defel l.
ants interests.
j. w. Guernsey the de: n liant, was
called to the stand just before noon,
and is likely to be under examination
all of today. With the aid of large
mass of carefully prepared memoranda
he proceeded to Justify his act i'm dis
charging the plaintiff before the eX-
piration of the li"e years covered by
their contract.
The substance of their agreement was
that the plaintiff should give up his
own business and devote all his time,
talent and energy to the business of
the plaintiff. The nlaintiff was privi
legged to close up his Did accounts, but
in consideration of the time belonging
| to the defendant which would be re
quired in doing this. the defendant
was to receive IA commission on all coll
lections, and should have the first re-
fusal of all re-possessed pianos anu
organs.
The plaintiff, the witness Went on 20
| show, violated the contract in all these
! features. He kept a livery stable
under another name, and without the
/ defendants consent; made collections
/ ON his old accounts without paying
over the stipulated commission, AM
not only dealt privately in re-possessed
| pianos. but interested himself in the
| business of his brother, Will Guern-
| sey, in Wilkes Barre.
Although the plaintiff was receiving
( the largest salary paid any of tha
! agents. had the longer experience IN
! the business and was favored with
/ prospects" or tips, as to where sale
! probably could be made, he did not
! according to the witness, make one
third as many sales as the other less
| experienced, lower priced and less
| favored agents. During the two years
that he was employed by the defend,
ant, he made only thirteen sales. which
would just barely pay his salary.
He further averred that the plaintin
had lost a great deal of time in con.
! Quoting lawsuits, and working on tht
books OF his former business.
When IT came to the defendants
crOss-eXamination, Mr.. Newcomb tried
to bring out that the reason the plain,
tiff did not make a better showing il
the way of sales was because he was
required to attend to so much miscel
ldllSOuS buSllltSSb SuNll lolNliS par
ties who had bought pianos and wer,
backward in making payments, and il
conducting suits of replevin for pianos
which his employer wanted to re
| possess.
The case will be resumed at o'clocl
this morning, and II is possibly nigh
session will be held with view of get
ting it to the jury by Saturday night
Judge Savidge having engagements a
home which viii prevent him from sit
ting here next week
The case of the Delaware Lacka
wanna and Western Railroad compan.
against Bryan Biglin is being given T.
the jury. Mr., Dawson finished hi
closing address at adjourning time
and, at the opening Of court, this morn
ing, eX-Judge Jessup will begin tn
summing up for the plaintiff