Evening journal., 1912-11-15
MORE EVIDENCE
in FOSTER CASE

Trial Of the case OF Mahlon 3. Eos
ter. accused of using the mails for
fraudulent purposes. was resumed in
United States Court this morning.
when District Attorney Nields pre-
sentod evidence for the prosecution
regarding Fosters business dealings
and transactions Of the Warner Com
pany
At the opening of the afternoon
session of the United states Circuit
Court yesterday, United States Dis
trict Attorney Nields informed Judge
Bradford that the jurors desired to
know whether Court would convene
on Saturday. they having informed
Mr. Nields that they would like to
have Saturday for themselves. The
Court stated that when adjournment
was taken this afternoon, recess
would be taken until Monday morn
ing
The cross examination OF John K.
Frickey. who had testified I'm the
morning, was then resumed by W, 5.
Cooper. counsel for Foster Mr..
Frickey stating his firm sold twine
10 the Charles Warner Company o.
w Horner. secretary and bookkeeper
of the concern was called but as tho
ledger of the firm was in Philadelphia
he was excused with Instructions TO
produce the book later.
John 70 Beatty, a Philadelphia at
torney. with Offices In the Real Estate
Building was the next witness and
told of conferences held in his office
with Foster, Charles s. Warner and
at which he was present During one
OF these gatherings In November or
December 1908 the witness said Fos-
ter received a note from Warner and
this was followed later by threo
others amounting In all 10 $500. Fos-
tor spoke of organizing coal COM
pany and the Farmers Ferry Com
pany. The witness said that ono time
Foster came to his Office saying,
everything is all ready 20 start the
Warner Company. See we have a bag
lust like the Charles Warner Com
pany and we will get a great deal OF
their trade and the people will not
know it' Saying this. Beatty claim
cd Foster produced q bag which was
offered In evidence
papers OF incorporation as one OF the
firm. was called and told Of meeting
Foster In the Warner Gas Fixture
Company's Office Of which he was the
head, through Harry c. Ramsberger.
Foster outlined the plan of organic
ing the company under the Warner
name. and he received the notes TO
finance the Standard Fuel Company.
which was later 10 be reorganized
as the Warner Company. The wit
ness admitted to signing the applica-
tion for the charter but denied ever
having any stock, nor having attend
ed a meeting nor receiving any money.
Mr.. Nields then offered the letters
received by the various firms in evi-
donce as he did the day before. Coun-
sci for the defense objected, declar-
ing that the defendant should be
shown to be the sole person in tho
corporation. or that he himself. had
induced the mailing OF the letters
bearing the Warner Company name
Judge Bradford overruled the OBJ
jecton and the letters were admitted.
James E Bodine OF the Hoffman
Cord Manufacturing Company, testi-
fed 10 receiving letters on June 20.
aud July 8. 1911 and of his firm ship
ming cord valued. at $i144O 70 the
Warmer Company which he thought
was a part of the Charles Warner
Company. The bill was charged
against that concern.
John NJ Parker. Of the Frank w
Winney and Son Company. also told
Of shipping rope to the Warner Com
pany
Thomas Bowen. the stenographer
who dictated the letters at Fosters
direction was recalled and identified
all the letters admitted as. evidence.