Every evening, Wilmington daily commercial., 1906-03-23

The case Of the National Dredging
90. vs., the Farmers Bank was re-
sumed this morning in the Superior
Court.
Yesterday afternoon the follow
ing checks, drawn on the Farmers
Bank by the National Dredging
Go. to the order of Woodward,
Wight & Co., were identified by tresi
dent Barker Of the dredging company
az having been signed by him; SEP
tamher 18th, 1901, $3.50 O3; June 9th,
1901, Sails 80; November 26th, 1901,
S3424a; December nth, 1901, Sl35. 43;
June 10Th, 1902, 1929. 40. They we're
admitted in evidence.
One check OF June 9th, 1901, for
Se5I 10, TO the Southern Supply Co.,
one to Richard Melett for SlSl.39 and
two to the Barney Cavanaugh Hard
waro Go. OF Sl29. 93 and SS67.S3, we're
also allowed TO 60 in evidence.
GsBnrkeT testified that William h.
Churohmau be3ame STOCKHOLDERS Of
the National Dredging 90. 10y the pur-
chase OF 80 shares of stock on February
7th, 1902,
When asked whose handwriting was
on the stubs Of the alleged altered
checks, be said IL was that Of William
n. Churohman. with the exception of
No 1888, for SlS9.4l and No. 1853,
for Si42 %. lie sould not say in whose
handwriting these stubs we're.
Lawrence b. BroWn of Philadel-
phia, public accountant, testified
that he had been unable to lind checks
to correspond with stubs as follows:
barney Cavanaugh e Co., March 18th,
1902, Sl,O38.Sl; april 2lst, 1903,
SlC5.2i: Woodward, Wight q Co.,
January 20lh, 1908, S22A9S Cunning
ham Hardware Co.. July 18th, 1900,
Sl52. 20; no date, S306. n; Richard
Melett, August 18th, 1900, 9.0A
The stubs we're offered in evidence.
They we're objected to by the de-
fence, but we're admitted.
Mr.. Barker was recalled and was
asked II the money received by Mr..
Churohman upon the alleged altered
checks bad ever been given back to
the National Dredging Co. or had in
ans way benefited the dredging COM
pauy With the exception Of $40. % paid
by Nj. Churchman to the Elisha
Webb Sons Co, one check for S50 and
one for s O. paid to a Mrs. Jane
Muier and Mrs. Madison, witness said
| it had not.
The defence admitted that all of the
| altered checks in evidence except the
checks for $40, GOO IN favor of the New
| YORK exchange bank and one Tor
| S215 23 to n. n. Ferguson, we're paid
20 Mr., Churchmau by the Farmers
Bauk.
Mr. Hilles, for the plaintiff, said
he Thought that he had CONF lsted the
work of putting in its case, but there
was considerable documentary evidence
in the case he desired 10 be given a
short time 10 20 over the exhibits 10
see that they we're all IN. As it was
4 20 O'Clock, court adjourned until 10
o'clock this morning.
Upcn the opening Of court this
morning William 5. Hilles oil counsel
for the plsintf announced that tie
plrintih rested.
/ MI nrs Riogely Of counsel for the de-
tuncs Immediately iilei motion for q
no. u { 90 the ground that, accord.
ing 20 Jaw, the plaintiff should Rave
returned TIE alleged forged checks tC
the bank, ana failure 10 do so rntiiec
the action OF the bank IN paying tbs
checks
Mr.. Ward, his colleague, read numer
lus authorities upon this Iotut. lt wat
argued that 10 pFcof had been gigeI
% shop that return had been mad
of the checks TO the bsnk. As ever
cent was psiu by the defendant, Mr.
Ridgely contenced that the check
BELONGED TO il. He declared that tn
plaintiff. no MATTER how valuable tn
papers were 90 it., had no right q
hold the alleged fraudulent checks.
Mr. Ridgeiy declared that the de
mand aud notice made by the plaintiff
upon Joseph l.. Carpenter, Jr.
tbs president ci the FarmsSs bank
for the amount paid from the Nationa
Dredging Cos. acoount upon the al
legged fraudulent oh lcks, gIstiiied th
lConunued on attn page.l