The Washington times., 1904-06-01

Hold Johnson Responsible
for Indebtedness.
GOSSIP OF WHAT MAY BE
Divers Strengthening Acquisitions
Under Consideration-Lines Out
After Hayden and Flaherty.

A plea has been filed in the Supreme
Court of the District by the local stock
holders of the Washington Baseball
Club. in which they deny having had
any negotiations whatever with Frank
L. Harvey to remove the grandstand
and bleachers at American League Park
to the old National Park, Seventh Street
and the boundary
The local stockholders contend that
whatever contract was made for the
removal of the stands was made by
Ban B. Johnson. in behalf Of the Ameri-
can League, and Frank L Harvey, who
was awarded the contract.
Walsh Makes Affidavit.
An affidavit supporting this plea has
been made by John J. Walsh. secretary
of the local baseball club, as follows:
Il. John J. Walsh. being duly sworn,
Gepose and say that am secretary Of
the Washington Baseball Club of the
American League, the defendant named
in action at law No. $780, and that said
defendant is not indebted to the plaintiff
as set out in said declaration or on any
account whatsoever, and il has a good
defense 70 said cause of action, as fol-
lows: That said defendant never en-
tered into a contract with the said
Plaintiff as described in said plaintiffs
affidavit. nor entered into any con-
tract with seid plaintiff whatever for
the removal Of certain stands, lumber,
etc. or the building of other stands, as
set out in said affidavit: that said al
legged contract referred TO in said affi-
davit was made, afiiant is informed and
believes, with one Ban 3. johnson, and
that al the work and labor done and
performed by the plaintiff was done and
Performed at the request Of said Ban b.
Johnson, he, the said Ban 3. Johnson,
having no connection whatever with
the said defendant other than as a
stakeholder
Deny Liability.
THAT said defendant is not liable for
the amount in said declaration, or for
any amount whatsoever, because. as
aforesaid. there existed no contractual
relation between the said plaintiff and
the said defendant. Afiant further says
that the charge OF the said plaintiff Of
the sum Of 16,Sz9.33 is exorbitant and
not a reasonable charge for the work
and labor alleged TO have been per-
formed by the plaintiff in his declara-
ton and bill of particulars; that the
said estimates placed upon the removal
of said stands and rebuilding the same
in the manner I'm which they are now
situated were between the sums Of nine
and ten thousand dollars. and that the
sum GldAutu Ul ALt DlaAnLAlL Is not =
fair market value for the said work, nor
a reasonable charge therefore, and that
the sum of 5000 would, If there existed
a contractual relation between the
plaintiff and the defendant, be a rea-
sonabie price TO pay for said work Al
hant further says that the defendant
has used the said stands. but at the
time that II did so It was advised of the
contract made between the said Ben 3
Johnson and the said plaintiff. as here
tofore set out in the affidavit"
Plans Ahoat.
Just as sure as the world keeps on
going around the Washington baseball
team keeps on losing. Efforts are being
made. however, 10 strengthen the team,
Last week a deal was on whereby Jacl;
Townsend and Jake Stahl were TO be
traded 10 the Baltimore club, of the
Eastern League. for Outfelder Hayden
but since the great game which Town
send recently twirled Manager Donovan
has changed his mind and viii keep the
Delawarean.
II may be. though, that other arrange
ments VIII be made with the Baltimore
management and Hayden. may, after
all. don a Washington uniform. 1t is
also likely that FlaheTty, the sOuthpaw
twirler Of the Chicago White Sox will
play with the Senator'S before long. He
has been offered TO Washington for /:
comparatively small sum. and Donovan
viii probably avail himself OF the oppor-
tunity 70 sign him. If the local club Is
not backward in giving up the necessary
cash to cCnsummate the deal which ii
IS likely 20 be, as there is dissatisfac-
ton all around and every local stock
holder holds on 20 his money hard
enough TO make the eagle squcal.