Evening journal., 1901-02-12

Gentlemen Of the jury. you are re-
lleved from all responsibility in this
case, said Judge Dallas in United
States CGcuit Court this morning IN
the suit OF Samuel l.. Kent VS. the Bay
State Gas Company OF Delaware. The
court win take All responsibility Your
verdict must be for the defendant
such were the words used by Judge
Dallas at the conclusion OF the breacn
or contract suit that has occupied the
attention of the court Tor Two days.
samuel l.. Kent, of Philadelphia, had
brought suit against the bay state
Gas Company, CT which j. Edward Ad-
dicks is president, for SiSO0000 for
hgsach Of contract, regarding the use
cf acctylcne as q means OF making IL
Illuminating gas.
At the conclusion Of the testimony
for the plaintln, Mr. Johnson, repre-
senting the defendant, asked for a
non-suit on the grounds that no con-
tract had been proved He offered no
defense, and rested the case. In dis
posing CT the case, Judge Dallas ad-
dressed the jury as above stated, and
told them Il was not necessary that
litN hHhNiN ltdNt Aii NNAt An NV
m.utes q verdict according TO the in
structions Of the court was rendered
BY the jurors.
When United states Court opened
this morning IN the case of Kent vs..
The Bay State Gas Company. Treasurer
w. IL. Miller was recalled and testified
that j, Edward Addicks had been presi-
dent of the company since It's organiza-
tion with the exception OF less than a
year.
During that time Job r. Bartlett had
acted as president while Mr.. Addicks
was vice-pres'dent At the meetings
OF the Executive COMMITTEES. or Board
Of Directors. held in the early part Of
the year 1896. no action was taken
relative to the contract Mr., Bartleti
said he never had heard OF the contraci
until this suit came up. The contract
was nevor reported at the annual meet
ing of the stockholders, directly or in
directly
Walter j. Bigalow testified to being
present when the contract was made
Tie dictated a rough draft 10 Parlse
Chandler and read the same TO partic
present and concerned in the transac
tion. Mr.. AddieSs said It was sa.isfac
tory. Two copies were then drawn NJ
( by Mr., Porter on December II. Kent
Porter and the witness went 10 ths
Hotel Brunswick. in New York, wher.
they met Mr.. Chandler and Mr. Law.
son. Mr. Addicks was then telephone.
for. The witness testified as to a con
versatlon relative To the cot OF cal
cium carbite per ton. vita Mr. Addlcks
and the latter declared that he did not
care II It cost $50 ton. He must hav,
lit.
What did You say TO Mr.. Lawson re-
garding the payment. and what did he
say to you?" was the next question
asked by Mr. Petit for the plaintiff
Both Mr.. Ward and Mr.. johnson oh.
iecied. and after a long argument tn,
question was ruled out by the court.
AID B BW
At yesterday afternoons session Mi
Petit read the minutes Of the com
pany 10 show that J.. Edward Addick
had power to make contracts for tn
Bay State Gas Company
Mr.. johnson objected on the groun'
that authority TO make this specif
contract must be shown. Authority d
make other contracts cannot be ac
cepted as giving general authority {,
make contracts
Tho objection was sustained and tn
plaintiff noted an exception.
Mr.. Johnson then asked that Mr.
Petit be required to state what he de
sired to prove by the minute book an,
objected to him being allowed to roa,