Evening journal., 1912-11-14

the name of the Warner Coal Com
pany to secure materials, the firms
thinking they were dealing with the
Charles Warner Company of this city.
William J. Schadd. a member of
the Rambler and Schadd Brothers
Coal Company, of Mildred, Pa, was
the first witness. He identified sew
eral letters received from the War
ner Coal Company ordering coal.
! Schadd said he thought the Charles
/ Warner Company was meant and in
all about ten carloads of coal were
sent here.
r Rochester president OF the New
York Cordage Company, of Nos. 1885
Wall street, New York City, was call
ed and identified two letters dated
June 10, 1911. ordering 1000
pounds OF tarred rope at 3 Ia
cents per pound. and letter
dated June 90 OF the same year
ordering 1892 pounds of two inch
MANILA rope at Z 1-2 cents a pound.
These two orders were shipped via
the Pennsylvania railroad. The wit
ness said the order was from the
Warner Company, which he had
thought was the Charles Warner
{ Company, and it came from his credit
department marked mo good" He
then attempted to stop delivery but
was too late. The cordage firm. he
claimed, had dealings with the Char
les Warner Company for the past fif-
teen years and he thought "The War
ner Company was a subsidiary. The
letter head, he claimed, was like the
original Warner Company and even
stated. Transportation in all its
branches" Attorney Cooper produc-
ed a letterhead of the Charles Warner
Company and it was compared with
the letterhead of the Warner Com
pany mentioned in the indictment.
While alike in some respects. il was
proved that there was a difference in
them.
Mr.. Rochester was asked by de-
PENDANTS counsel If he did not receive
something of value from the defend
ant and he replied. The only think
7 received was a suit for S35,000 when
said Foster was no good"
Thomas j. Bowen, a notary. OF S45
Market street. was called and identi-
fed the letters received by Rochester
as ones he wrote at Fosters dicta-
tion. He did not see them mailed.
William r. Jones. a clerk of the p, B.
and w. Railroad Company. produced
the two bills of lading for the manilla
rope and tarred rope and the receipt
for their delivery here. One was
signed Warner Coal Company per
F." The other had as a prefix per
A. McGarvey"
Anthony McGarvey was~called as a
witness and tol dof receiving the bills
Of lading for the tarred roOe from
Foster and OF him (McGarvey) buy
ing the rope from Foster for seven
cents a pound McGarvey said he
sold il to the Capelle Hardware Com
pany at four cents a pound. The next
day he met Foster and gave him SIS
for il. Latter on, the witness claimed
he met Foster at Ninth and Walnut
streets and secured a bill of lading
for the MANILA rope Foster told
him to sell it and he would give him
ten per cent. commission. McGarvey
removed II to a storage house and
later sold It to Captain Horace VIII
son of the Wilson Line, for S9240. OF
this sum S35 was turn over to Foster.
Captain Wilson identified the check
he gave for the rope, and Joseph W.
Reybold, of the Capelle Hardware
Company old of buying the rope from
McGarvey.
At this point Prosecuting Attorney
u Nields offered the letters in evidence
but Attorney Cooper. for Foster OBJ
jected. contending that il had not been
proved that his client had mailed
them. nor had shown any connection
betwe cen the defendant and the Warner
Coal Co. The question was being ar
gued when court took recess at five
O'Clock until this morning.