The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-09

All of yesterday was taken UP hear
ing testimony and listening to the
arguments of counsel in the equity suit
of j. w. Guernsey against NJ w.
Guernsey. j. w. Guernsey was re-
called after court opened In the morn
ing, and identified the contract between
him and NJ. w. Guernsey when the
latter entered his employ.
George Young, one of Thursdays
witnesses. was recalled. He said that
at noon Thursday he received note
signed j. w. Guernsey, asking him to
tell no more about the case than he had
to. j. w. Guernsey denied all knowl-
edge of such a note, and 1t was in
sinuated that M. w. Guernsey could
tell something about it. AS Young had
destroyed the note, 1t was impossible
to establish its parentage.
Architect B. r. Lacey testified that
NJ. w. Guernsey told him several years
ago that he would keep j. w. Guern-
sey at law until he ruined him, and
that he would then occupy the stone
building on Washington avenue now
occupied by j. w. Guernsey.
PLAINTIFF RESTED.
Before the plaintiff rested Major
Warren offered two amendments to the
bill. one of which names Fl. D. Guern-
'sey and B. Il. Decker as defendants, 1t
having been shown that they now con-
stitute the firm of Guernsey Brothers,
and that M. w. Guernsey is manager.
Attorney r. Fl. Holgate, for the de-
fense. asked that the preliminary in
junction be dissolved, after the plain
tiff had rested. but the motion was re-
fused by Judge Wheaton.
NJ w. Guernsey was the first witness
for the defense. He said he has been
engaged in the music business since
1869, when, with his brother, Fl. D.
Guernsey, he opened Il store al Homes
dale. In 1874 they went to Hacketts-
town, N. j., where they remained until
1873. when they opened store in Car
bondale, under the name of Guernsey
Brothers. In 1884 they opened a store
in this city, under the same name.
While they were at Carbondale he be-
came acquainted with j. w. Guernsey.
He was in the sewing machine busi-
ness and also handled organs and
pianos, which he purchased from them.
In 1889 witness began the manufac-
ture of pianos designed by his brother,
William Guernsey, and continued until
1891, when their factory at Green Ridge
was destroyed by fire. The pianos he
is now selling. marked Guernsey" are
made from his brothers plans and
under his supervision in New York. j.
W. Guernsey never handled a piano
known as the Guernsey" He made
denial of all the charges made against
him by the witnesses for the plaintiff.
WAS RECALLED.
j. w. Guernsey was recalled for
cross examination, and admitted that
it is over Il year since he learned that
NJ w. Guernsey was selling Il piano
marked Guernsey" William Guern-
sey, of New York. tho designer of the
piano. said that his piano Is as good
as any in use.
The defense rested, and closing argu-
ments for the plaintiff were made by
Attorneys Everett Warren and Joseph
O'Brien for the plaintiff. and Attorneys
r. H. Holgate and j. w. Carpenter for
the defense. Mr.. Holgate contended
that the amending of the bill and
naming additional parties as Defend
ants dissolved the injunction hereto
fore granted. He quoted an opinion of
Judge Pennypacker to sustain his con-
tention. Judge Wheaton took the
papers.