Evening journal., 1910-11-18
AS A
COURT WITNESS
The Rev. G. F. Mason Charges
Grocery Store Manager
With EmbezzIement


trial in the Court of General Sessions
this morning on the charge of en-
bezzlement Of s23919 from the Rev.
George f. Mason. Lewis had pleaded
not guilty TO the charge. The testi-
mony was that Mr.. Mason employed
Lewis last April to manage grocery
store at Nos. 202-204 West Ninth
street, and continued there until the
middle of September. Mr.. Mason
| identified thirteen weekly reports from
June to August "a. which Lewis pre-
sented
James f. Salisbury. representing
Lewis, objected TO the introduction of
the reports as they were not the daily
record of the sales. The court ad-
mitted the reports.
Mr.. Mason produced a number Of
daily slips showing the sales in the
store. Mr. Mason said his brother at
that time represented him while he
was abroad.
Mr.. Mason said Lewis was TO re-
ceive ten per cent Of the gross sales
OF the store as his salary On July
3 the report showed the sales were
$96.9S and the expenses $3.50, being
the ten per cent of receipts.
In cross-examination Mr.. Mason
testified that Lewis was hired by a
written contract Mr.. Salisbury ask
ed that the testimony given by Mr..
Mason regarding the hiring Of Lewis
be stricken out.
Deputy Attorney General Wolcott
replied that the state was not aware
OF the written contract. He claimed
! the objection came too late.
| Mr.. Salisbury maintained that the
witness had no right to testify TO tho
contract He thought the paper itself
was the best evidence.
Judge Wooley said to Mr.. Wolcott
that the court did not know the relation
existing between these men. The court
thought the contract might show Mr.
Mason and the defendant to have been
partners and after conference tho
cour announced that argument was
desired on the point. The point about
about which the court wished to hear
was. by what testimony Is the prln-
cipal and agent In criminal trial
established Must Il be proven by the
existence of contract Or inferred by
the acts. Whether I'm this case is an
agency or partnership establish by
= the testimony The court must in.
, struct the jury and the jury expects
that instruction on this point" Thi,
question was asked by the court IN
Z order TO find the contention Of coun
sci.
After a lengthy conference in cham
bers the court decided to strike out O
: evidence that part OF testimony Il
- which the witness relates to the EN-
70 ployment of defendant by him. Tn
!, court refused TO strike out the slip
= produced I'm evidence from which III
NJ court said the jury may or may M
h, draw their conclusions as 10 the e
- tahlishment OF principal and agent b
~ tween the parties.
~ Mr. Salisbury asked Mr. Mason
~ he had not received a letter from N
~ Salisbury IN reference TO monl
a claimed TO be due 10 the defendant. Z
q" replied in the affirmative and th,
Mr.. Salisbury asked him If he did NJ
then institute these criminal prosecl
. ti0ns.
W Mr.. Mason then testified that so "a
~ as he knew certain reports had M
=, been corrected To Mr.. Wolcott NJ
u Mason denied that he held any an
mostly towards Lewis. He said he ha
searched for the written contract bu
d has been unable 10 find t.
u State the terms OF that contrac
said Mr.. Wolcott.
r Mr.. Salisbury objected, claiming
was now too late to come into cour
after the court had decided regardin
this written contract Mr.. Saulsbur
- said the state should have presente
, a petition 10 have the contract pre-
duced. The court admitted the testl
mony.
Mr.. Mason then said Lewis was to re
ceive a commission Of ten per cent o
the gross cash sales of the store, an
no credit sales were to be made with
O. out permission from the owner. Bon
le for $1,000 was 10 be given by Lewis an
D. at no time was he to purchase NOR
ft goods than would come within $40
c. OF the cash receipts OF the store.
ne William l.. Mlsslmer. bookkeeper 10
D. the North American Trust Co., VIII
he was the next witness, identified th
IN bank book belonging to Mr.. NasoI
re Mr. Wolcott asked the witness IL tn
rs book showed all the deposits to tn
TO credit OF W. p. Mason, treasurer. an
k Mr. Salisbury objected. The objectio
OF was overruled. The book was admitte
N. I'm evidence.
William b. Mason. a brother OF III
q Rev. George Z. Mason, said he locke
IN after the latter's interests In the stol
ou while Mr.. Mason was in Europe. II
90 Identified the weekly and daily slip
is Court then took a recess until ESQ.