The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-12
THE ISLANDER SUIT
Mr.. T. B. Hearth After
a Pennsylvania Con-
Germ for $4,000.

The suit of Mr.. T. B. Heartt, of this
Company, of Scranton, Pa, was taken UP
yesterday before Judge Purnell in the Fed
.eral court.
A jury was selected and first Mr.
HEARTS attorneys put a number of char
acter witnesses on the stand. These were
prominent gentlemen of Raleigh, and all
of them gave Mr.. Heartt an excellent
character. After this the deposition OF
Mr.. Hopkins was introduced, despite the
objections of the defendants. This was
that Mr.. j. Stearns, the district manager
for the Scranton concern. had charged in
Durham that Mr.. Heartt was guilty OF
stealing and was a liar and a scoundrel,' -
and that he had embezzled from the com
pany when he was an agent for it. Mr.
Heart then testified as to his connection
with the company and to Mr. Stearns'
actions when he came to Raleigh to check
up the books.
For the defense two witnesses were in
troduced, these being Mes5rs. Chapman
and Taikins, of Scranton, who stated the
contentious of the company, this being
that the Scranton concern was not liable
for the words OF Stearns who uttered
them as an individual and then presented
as a justification of these charges the re-
quirements of the company for daily set
Elements, claiming Mr.. Heartt had not
made these and showing from their ac-
counts that Mr.. Heartt was still due the
company 1920.
In the evidence for Mr. Heartt it was
stated that the International Correspond
enGc School and the international Text
Book Company had combined that in
1901.
Mr.. Heartt had been employed as a
local agent in Raleigh to do collecting for
the company and was to receive SO per
cent; that he collected and RENTED as
required till in July 1901. when he lost
his receipt book. that money was TO be
sent daily and that Mr.. Stearns was sent
here to check up his accounts; that Mr..
Stearns had done so and had also made
collections of about $25 here That fin
ally he told Mr.. Heartt that man would
be sent to replace him. On learning this
MIR. Heartt declined to turn over any
further money as the company was in
debt to him, doing this by advice of Mr..
James H. Pou. Mr.. Stearns is said to
have used some very sulphurous language
at this time and then to have told that
he wou report Mr.. Heart as an en-
bezzler, which he did in Raleigh and
Durham.
Mr.. HEARTS accounts showed that with
the percentage due him and the per cent
due on the collections of Mr.. Stearns, with
whom Mr.. Heart had gone collecting in
Raleigh, and who had taken up Mr..
HEARTS receipts and given his would
leave the company in his debt about $500
1t was also testified that Mr.. Will Prim-
rose, who had at one time collected for
the Scranton Company had been put to
trouble to get his money, and that Mr..
Heartt held his rather than take chances.
The examination of witnesses was ended
yesterday and argument will be heard
on Monday Messrs. Armistead Jones and
Son, and Col. J. C. l.. Harris appear Tor
Mir. Heart, while Messrs. j. w. Hinsdale
IL Son, of Raleigh and Mr.. Harrington,
of Pennsylvania, appear for the Scranton
people. The argument tomorrow will be
in the following order: Hon. Armlstead
Jones. Col. j. w. Hinsdale, Mr.. Harnng-
ton. Col. j. c. l.. Harris. Then the jury
will take the case.