Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-07
| MAY COME
TO RETRLAL
STARTLING NEW FACTS IN 500,
900 DAMAGE SUIT
PLAINTIFFS TESTIMONY is RE-
FUTED BY WIRE
TeIeqrams to Defendant Explode the
Alleged Large Holdings He Says
He Owns in Various Parts
of the Country

There is a bare possibility of re-
trial in the 100000 damage suit case
of C. 2. Sailing VS.. the National Cash
Register company, being tried before
Judge Olin Wellborn of the United
States circuit court. 1t was thought
there might be a night session yester-
day, but the court was adjourned
shortly before 6 o'clock last evening
until 1920 a. IN. today.
United States District Attorney Os-
car B. Lawler, one of the attorneys
for the defense, after the jury had been
excused until today offered to the
Judge kilograms he had received re-
futing the testimony of H. II. Halter,
one of the witnesses for the prosecu-
ton, regarding the amount of property
the latter owns.
The facts of the case are as follows:
Sailing was notified by n. f. Thomas,
district manager for the National
Cash Register company, that his serv-
ices would be dispensed with, and
claims that when he went into bust
ness for himseslf and asked the CO.
operation of H. H. Halter, that Thorn
as wrote Halter a letter bearing so
hard on the reputation of the plaintiff
that Halter withdrew his financial sup
port from Sailing. This is one of the
grounds on which Sailing bases ms
claim of 100000 damages from the
company. But the defense claims t ti,s1
Halter and Sailing were cooperating
together to blackmail the defendant.
When Thomas was on the stand yes
terday afternoon, he was asked by
Attorney Lawler what he meant in a
letter by the phrase nip the enter
prise in the bud" to which he re-
piled:
Alleges BIackmail
81 meant they were trying to get
into a perniciou5 Matchmaking scheme
AGAINST U.S."
this was improper and immaterial was
overruled by the court.
The court then excused the jurors
until this morning. after which Attor-
ney Lawler presented the kilograms
he had received in answer to inquiry
as to Mr.. Haller's property, which
the latter had placed into the business
scheme with Sailing. and which Sail
ing claimed had been damaged by the
defendant to the sum of many thou-
sands of dollars.
It appears Halter claimed he had
large amounts of property in certain
portions of Kentucky Indiana and
Florida. County officials of the sec
lions named by him telegraphed an
swers to Attorney Lawler to the ef-
feet that Halter either owned no prop
erty in those counties, or, as in one
instance, the property alleged was
fake. This may alter the entire case
for the plaintiff. Attorney Clark for
the prosecution expressed his surprise
and began to explain to Judge Well
born that he had never asked Haller
when on the witness stand as to the
latter's financial condition
And you were very wise not to ash
Mr.. Halter as to his financial condi.
ton" remarked the judge, and had
to call even the attorneys to order
because of the merriment which en-
sued. This statement was qualified by
Judge Wellborn soon afterwards, when
he explained to Attorney Clark that
he did not mean the latter knew at
the time Of Haller's financial condi-
ton as disclosed by the kilograms.
This case has been going on for
twelve days, and the court is decidedly
anxious to have it concluded at the
earliest date possible, as there are
many other cases awaiting trial in
the federal court.