The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-22
hrosen RIasses. botIIes md

INNn'
II was a great little party, according to
the Smiths or at least they gathered that II
va. when they came around the next day
n take a look al the wreck Of their studio.
The Marty. as may be seen from the
items in the bill Of particulars, trailed all the
vay from the busted pedestal in the base
rent mp 10 the bathtub
Gerrit smith is a church organist and his
wife is a singer. Their musical studio was
large and admirably fitted for hreproof
uarfips. and 50 when the Smiths were away
they world rent ii out at times 70 folks that
felt the call u society within them
One day four years ago, according TO Mrs.
Smiths testimony yesterday, MIR. Ningut
oSme TO her and rented the apartment for his
pary. Carl Berger, who feeds folks at the
Hotel Gotham and his Newport restaurant,
was 10 I've the caterer. Carl was ID court
Yesterday and listened sadly while Mrs.
smith told that Carl came TO her also before
Inc nartv and said. Charge 'em 500 in
stead Of your regular SIS rental, Mrs. Smith,
and ll take s25.' Which was not done.
1 vas the caterer" Mr.. Berger slid
when he took the stand.
What did you ssrve?' asked Lawyer
John '. Bowler, Jr., who with Attorney
Samuel HERMAN represented the Smiths.
We'll, | served supper, champagne, rye
Vhissey, Scotch wnisxey, brandy, liqueurs
and and water . answ cred the caterer.
Roars of laughter from the side lines
aud the Judge rapping for order.
Well. they had TO have water cried
Carl a, he swung toward the laughing
court room Indignantly. They had to
have il for the whis'iey.' Which retort
slsl got over effectively.
Charles Gordier, the wine clerk at the
Racquet Club, of which Mr.. NinguI, the
defendant, is a member, slid that all he
had lone during the party was TO hani
out bottles Of champagne from lO:SO
O'Clock until about $50 O'Clock in the morn
ing The bathtub was filled with cracked
Toe and bottles, said the wine clerk, and that
q why according to Mrs. Smith the bath
Wb was skinned Of its enamel. The sou
hll for the bathtub is the largest item
On the hill Of particulars Of the wreck
Carl Berger said at first that he had left
the party about 3 o'clock and that at that
hour all the guests had retired 10 their
several trundle beds and that there was
nothing damaged 90 far as he was able to
grasp at the time. Later on in his testimony
Carl thought he left about i:3O O'Clock, and
bsiore stepping down from the stand he
vas sure that he left about 5 O'Clock in the
morning. Court adjourned before Carl
got any further into the next day.
ar. \lngut testified yesterday thai he,
Blair Painter and ]. II. Masson had got up the
little festival and tlat there were seventy
five men invited altogether, each Of whom
whacked up his share. hir. Ningut's share,
Nj-fye times five are twenty-five, write
The five and carry the two; five times SET en-
are thlr-- well, that would make II a
S,6?j party altogether.
Ar Nlngut's witnesses, in addition 10
himself, were Carl Berger. who saw nothing
wrong when the party ended at 8 o'clock
and 49, o'clock and again at ) O'Clock;
Godler. the wine clerk, whose principal
testimony was that about handing out the
W. stuff and things steadily until some time
near daylight; Brown, Carts captain, who
aN absolutely nothing torn up and thrown
away, sir: and George II. Gibson. owner Of
The property. who was called to testify
about the bathtub, but remembered only
nat he hasn't seen the bathtub since the
party.
a associated with Commodore Benedict,
testified in way that bore out Mrs. Smiths
complaint. The mahogany furniture was
| Haned A milky white, as alcohol has =
way Of doing with varnish, they said. Some
BODY kicked a hole in the glass door to
nov he could do il, Most Of the furniture
va burned with cigar and cigarette stubs.
The polished floor had broken glass rubbed
INTO II. The marble pedestal in the dark
easement had been stumbled over. The
upholstery Of the furniture was still un-
evapoTated with more alcohol by the dAwn's
afly light the next day. The bath tub
vas skinned. Broken glasses and bottles
Nere everywhere. Altogether things looked
~ there had been some function.
MIS- smith Is suing for treble damages
On the technical charge Of putting things
q the gezish. Everybody ia going to
Nm up to-day, and once again the list Of
injured will be overhauled. The very
yolngest lawyer seated among the inter
e1ed spectators yesterday-weanng light
Lty clothes and a mauve cravat-said
Lter Tie session was over that he will be
us Of any other seventy-ive gprghtly
LO1hg men who wants TO give another like
" no matter how the verdict goes.