Every evening, Wilmington daily commercial., 1906-03-16
GNNtftvf 10 AMEND.
lconnnael lIam d eond No

D
might have time to file any additional
pleas.
The case was resumed this morning.
A. V. Lesley George, deputy recorcer
Of deeds, was the first witnese. lie
testified that he had q record OF the
Incorporation CT the National Dredg-
ing 20. and the renewal Of the char
ter Of that company.
PRESIDENT George q. Barker OF the
com pHny gave his legal residence as
Wilmington Stating that be bad voted
here for . yenra He is treasurer, as
we'll "a president OF the company. he
testified that the Farmers Bank hao
been the depository bank for hls com
pany since leS2 He said the Ma
tional Dredging 20. had been IN busi-
aess under the laws Of Delaware Tor 25
years. Witness Identified small booh
as the cue in which deposits made
by bis company with the Farmers |
/ bank wete entered. The entries Ia /
the book dated from February 1897, TO /
/ April, 1903 Witness identified state
meuts received IRON the bank, hut !
/ said they were not sent by him. One
/ was several fact 10 length. This state
ment COVERED the reriod from Deoem-
/ ber nth. l0ll, g nnary l4th, pl9J3.
be sliIe were admitted IN evidence
/ At The REQUEST Of the plaintiff the
defence produced the bank records
containing the deposi OF the Natiout
/ Dredging 70. Mr. hiiles then
asked for be verified signature Of the
rerson authorized 20 sign clerks u
behalf Of the dredging company lie
was Informed that the bank had no
such verified signature.
Witness snii be was the treasurer
OF ihe National Dredging Co. from
1882 TO l90l he was asked who was
authorizes tc draw ckecks for the
Company, but was not allowed 70
answer, ,pfntiug az 4umt NJ on obj ctions
maue by Mi. Ward, who stated that
there should be some minute or charter
provision qieing euthoTitv to some
ersou 20 sign checks. The minute
book of the company was produced ana
Mr. Barker was asked If the book con
taired the bylaws and resolutions of
the ompany MI. Ward objected
stating that the secretary was the
proper one TO identify the minutes. t
was brought out by the court that Mr.
barker was secretary at the time the
bylaws we're adopted.
Witness pointed out the law giving
! authority 10 the treasurer 80 sign
, checks. This bylaw Was objected to
by Nh Ward, who said the burden was
on the plaintiff to show that notice Of
} this bylaw had been given to the de-
fendant The objection was overruled
and the defendant noted an exception.
) The bylaw was read.
] Mr.. Barker said that, with but one
exception, this law had been complied
: with since 1888 On that occasion he
said he personally had a communion
} iion with the bauk on the matter.
/ This vas about Is years ago.
MIR. Ward objected 80 witness tell
ing abut This interview until be stated
TO y hom be had this communication.
Mr.. Barker said his conversation was
with Mr. Robinson, an officer OF the
hank. He said he showed Mr.. Rob
inson the by-lawe.
ME. Ward objected to witness tell
q. ing about this conversation.
D. The court overruled the objection.
D. MIR. Barser then told of going Il
p the bank and warning Mr. Robinson
u against houoring any checks that di'
e not contain bis signature. Mitnes
u said the bank official promised to casl
~ no other checks, unless th ey bore th
A. signature Of George Barker.
"a Witness vas handed a check AM
a. asked whose signature wHs on it.
0tAAEN ~ 8aAAoAf We' ~
answer.
ID WAS the check in that shape whe
&, you sigueu it 20 he was asked.
'e It was not.
N "In what particular has it bee
lg changed 20
q "Ihe words the order Of have bee
ei marked out and or bearer added
he Mr. Hilles stated that there wUul
~ be about 3, 600 checks offered in evi
" dence.
or Alexander Cooper a Representative
ih Of Elisha Webb & Son, testified tina
e. the National Dredging CO., in l9OI
owed his firm s23 20 When show
the check CT the dredging company
Elisha Webb a Son or bearer fC
sl23. %, be said il never had been n
ng ceived by his fiim. Mr.. Churchma
Of the National Dredging Co., he sale
nm paid the Indebtedness in cash on Oct'
IN ber 23d, 1900 WitLess said that ii
~ sg3. % paid all claims Of the Webb con
he pany to that date.
on REORGANIZATION Mr.. WaI
M brought out the fact that the witne
av only gave his evidence from the Doc
he of a third pnrty and not from q
no orig nal book Of entry. On this Rrour
nj MIR. ward asked that the evidence rel
be tive 10 the amount owed to the Wei
ed company by thu National Dredging O
be stricken out.
ilt Mr.. Rideely nlso urged the objection
stating that the defence cannot eros
examine the witness upon the books
his firm when they have mot be-
produced.
-. In Ierly Mr.. Hilles Said that ii
'ne witness sold the goods to the oompal
and had received the money.
vas The objection was sustained so
me as the testimony relating to any 9th
tee money being owed to the Elisha Wei
ell Go. by the plaintiff company.
re- The only part Of Mr. Cooper's test
md mony allowed to remain in eviden
ion up to the time was that witness hi
sold the National Dredging Co. S23.
nee worth of goods in June, 1900, and b
ed received cash to the amount of S23
ing from Mr.. Churchman, October 2a
on 1900, in payment. Ihs court ruled th
the books of Elisha Webb g. Son woI
speak for themselves.
On further ross-examination "
ness said his firm sent bill or sta
meut for S23 20 and not one for s %.
the In redirect examination, witni
,wn said that the dredging company
been dealing with his company
.r,-v about a year before the transaction
d ferred to. Several other cheks WI
VII. shown to witness and he said be
mes never seen them before.
ore President Barker was recalled a
, s asked who signed cbeoks Nos. IA, 81
win 10 43S l5,S03, 10, 100, 10 1913, l6,
II After LOOKING at the checks careful
her he said that ho had signed all OF tn
4. a.