Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-14
VERDICT FOR BAY STATE.


The Company Wins In the Suit Brought
1t Against by s.. Z. Kent for $i,800,000.
In the United States Circuit Court
in this city at ii o'clock on Monday,
Judge dallas Of Philadelphia, began
to hear the suit of Samuel L. Kent of
Philadnlphia against the Bay State
Gas Go. IF Delaware. The following
jury was drawn TO hear the case.
Alexander farrell OF Red Lion hun
dred, foreman; Charles r. Thomas,
John Guthrie and Thomas +. CORN
ley OF this city, Thomas Attrix OF
Kenton hundred, James @. Dntton Of
Seaford, John II. McColley Of Lewes
and Rehoboth. Levin Hearne OF Little
Creek, Sussex, Alonzos 8. Whittock Of
Appoquinimink, James Z. Hotfeoker OF
Duck Creek, Thomas T. Lacey of
South Murderkill and Theophilus
Swain of Georgetown.
The suit was the result of an alleged
agreement between Kent and the Bay
Slate Co., whereby, Mr.. Kent alleges,
he was to receive 100000 and Sl,500,-
600 worth of Bay State stock, which
Mr.. Kent further alleges, we're never
deivered. James H. Hoffecker and Z.
K. Wales Of this city. and Silas W.
Petit and II. q. Gill OF Philadelphia
appeared for the plaintiff ard H. II.
Ward of this city and John g. johnson
of this city for the defendant company.
Attorney Hoffecker, after addressing
the court on the law and facts in the
case, opened before the iury. He stated
that his client, Mr., Kent. claimed
81, 500, COO, being the aggregate of the
value of the stock and money which he
alleged was due by the agreement Mr..
Hoffecker stated that in December,
1895, MIR. Kent, having acquired
patent rights of the Electro Gas Co.,
of West Virginia and the United States
LiquificatIon Co., of New York, which
gave him control OF the acetyline gas
rights or the cities Of Boston and
Brookline. Mass, ho entered into an
OF Delaware. OF which j. Edward Ad-
dicks was, and still IS president. to
deliver certain rights to the Bay State
Co. for Boston and Broosline, in return
for which he was to receive 81, 800, 900
worth of Bay State stock and $500, 600
in cash. lie further alleged that neither
the money nor the stock has been de-
livered, hence the suit. The COM
pany's minute book was produced and
placed in evidence,
William II. Miller secretary and treas
urer Of the Bay State Co., was the
| first witness called, the object in ex.
amining him being to prove the char
| tering of the Peninsula Investment 10.
by Legislature of Delaware, Its change
OF name to Bay State Gas Go. of Della
ware in 1890, and matters connected
with the organization and officers of
the company.
At 1870 o'clock the noon recess was
1 taken
In the United States Circuit Court
in this city on Tuesday by direction
of Judge Dallas of Philadelphia, who
was on the bench, the Jury returned q
verdict for the defendant in the quit Of
Samuel L. Kent Of philadelphin agsinHt
the Bay State Gas Co. of Delaware, in
which Mr.. Kent sought to recover
81, 800, 900, which he alleged was due
on the ground that be had entered into
certain contracts with the company
relative to aestyline gas rights, in
Boston, Mass, which were not lived up
to. Counsel for the plaintiff noted an
exception to the iudRe's charge, and
an appeal will be taken, in all proba-
bility, 10 tie United States Court Of
Appeals.
The feature OF the hearing was the
testimony Of j. Edward Addicks, presi-
dent of the Bay State company, who
was put upon the stand by the plaintiff
at this mcrnirg's session. He was
called relative to the alleged contract.
When Mr.. Addicks was called he was
shown what purported to be an agree
ment between tho Bay State Gas Co.
OF Delaware and the attorneys for Mr..
Kent. He acknowledged his signature.
hut said he had not been authorized by
the directors of the Bay State Co. to
execute the paper, neither had the
directors ratified his action. He said
he did not consider that he bad a
right, as president of the COMPANY, to
do anything that would bind the COM
pany unless he had been specially
authorized by the directors to do So.
The paper ia question was dated
December 18th, 1896. No inquiry was
made of Mr.. Addicks concerning it.
except ms to his signature and his
authority for executing the paper.
john g. johnson of Philadelphia.
attorney for the Bay State Gas Co. ,
was about to eross-examine Mr.. Ad-
dicks and asked him to tell why he
signed the paper, but before he had
time to reply, Attorney Petit. for the
plaintiff, objected and Mr.. johnson
Withdrew his question. Mr.. Addicks
was on the stand about five minutes.
This closed the plaintiffs side of the
case and Immediately Mr.. johnson
moved for non suit. Counsel for the
plaintiff objected and the court in
structed the jury to return verdict
for the defendant company, which was
done after about two minutes deiibera-
tion in the box. Attorney Pettit noted
an exception to the Judges charge.
The Jurors were discharged until