The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-02-12
Ada,ck, win, Suit.

ings in the case OF Kent vs. Tho
Bay State Gas Company Of Della.
ware. in tho United States Circuit
Court opened this morning, Treas.
urer William H. Miller was re-
called and testified ttat Mr.. ADJ
dicks had been president Of the de.
feudaut company from its organi.
cation with the exception OF less
than a year when John II. Bartlett
served 10 that capacity and Mr..
Addicks was vice-psesident.
Neither at the meetings Of the Elk.
ecutive Committee or Board of d.
rectors held in January, February
and March, 1896, TO action was
taken relative 10 the contract. He
never heard Of this contract until
this suit was instituted. This con-
tract was never reported at the an.
nual meeting of the stockholders or
directors, directly or indirectly. :
Walter !. Bigelow testified he was
present when the contract was
drawn up. He dictated the rough
draf. TO Parker Chandler and then
he read the same to the parties
concerned and Mr. Addicks said it
was satisfactory. Two copies were
then drawn by Mrs. Porter On
December IL, Kent, Porter and
witness wen. to the Hotel Bruns-
wick in New York. where they met
Mr.. Chandler and Mr.. Lawson.
Later in the day the latter tele-
phoned for Mr.. Addicks. Mr.. Law.
son informed Mr.. Addicks OF the
agreement. reached between them.
Lawson said that the purchase Of
the acetylene gas rights would DO
beneficial to the Bay State Gas Com
pany of Delaware and that the
stock would advance to 40. The
Brooliline Company was giving
away stoves aud fixtures to con-
slmers and BY using this new gas
they would be rid OF buying oil
from the Standard Oil Company.
Mr.. Addicks objected to the price.
Mr.. Addicks informed Kent that
patents were not worth anything
unless backed bv mont v and brains.
Mr.. Addlcks said a'ter the paper
had beed signed that he did rot
care ii calcium earbite cost $50 a
ton so long as he had the acety lene.
The question "What did you say to
Mr.. Lawson regarding 'hesc pay.
ments and what did he sayto you,"
was oyerrulcd.
He had been referred TO Mr.. Ad-
dicks TO Mr.. Lawson as 10 the maxi
ing of the payments.
10 Mr.. Johnson the patents we're
not introduced at any meeting and
the contracts of Kent with the other
companies were not produced.
Witness did not know that cal
cium carbite that cost $50 ton
would make gas thar would cost $6
\ thousand feet when the law fixed
the price at ii in Boston.
Mr. Johnson objecte d to the intro.
ducti0n OF the contract because
John Edwards AdllcEs, President
of the company, had never been aus
thorized to enter into such Il coa<
tract.
No president can bind his com.
pany, without the power,
Mr.. Petit said the question was
one of authority. AT meeting in
July 1898 the president was author
lied and empow to purchase a
large number of the company's
stock. lie had the power to sell
stock and therefore it mattered not
whether he sold the stock for cash
or patent rights it was immaterlal.
The offer was overruled and the
evidence was excluded.
]. Edward Addicks was called
to the stand and identified his sig
nature to the contract He was
president of the Bay State Gas Co.,
at the time He had not been au-
thorized to consumate the paper and
his action never was ratified. I'm.
he had no power 10 bind
the company.
Mr.. Petit announced that the
plaintiff had no other witness. He
renewed the offer of the contract on
the ground that Lawson was the
accredited agent Of the Bay State
Gas Company.
Judge Dallas again overruled the
offer. An exception was noted.
The plaintiff closed and Mr..
Johnson asked for 4 non.suit. The
Judge said this case has taken a
condition where you are relieved Of
all duty. You are now instructed
to render your verdict for the de-
fendant. 1t is not necessary for
you to retire. An exception was
noted to the charge.
The jury was polled and YER.
dict rendered for the defendant.
0uy Dies from His Injuries
Edward Euv cploral of New caa.