Evening journal., 1912-04-18
HOLD FOSTER
in FRAUD CASE
Merchants Believed Warner
COaI Co. Was Charles
Warner Co. Adjunct
SHIPPED MUCH GOODS,
PAYMENTS NOT MADE

fore United States Commissioner, VIII
liam G. Mahaffy, yesterday afternoon,
Mahlon B. Foster, charged with using
the United States mails TO defraud, was
released on $1,000 bail, for trial at the
June term of court. District Attorney
John p Nields, asked that bail be fixed
in the sum OF 81 500, but the commits
sioncr considered that $1,000 was SUI
licient.
w. H. Cooper, Jr, represented Foster.
No defense was offered at this time, Mr..
Cooper confning himself solely to cross
examination of the governments wit
nesses.
Henry T.. Chew, a member of the Chew
and Asnip Company, Philadelphia, testi-
fed that his firm, on orders received
from the Warner Coal Company, which
is the alleged name of Fosters com
pany, had shipped goods to the defend
ant to the value of S2,575. Mr.. Chew said
the goods had not been paid for and no
replies had been received to the bills sent.
Later he said his firm communicated
with the Charles Warner Company, OF
this city, the understanding being that
il was to this concern that the goods
were shipped, and it was learned that
liiN hA0 hbh lih'th Ah' 'ih'i't
Alfred d. Warner, Jr.. treasurer of the
Charles Warner Company, testified that
the Warner Company had been in ex-
istence in Wilmington for more than 100
years. Witness gave other information
concerning the company and also testi-
fed that the company was rated by
Bradstreet and Dun.
John r. Fricke rope and twine mer-
chant, of Philadelphia, testified that the
company he represents, had made ship
ments of goods TO Wilmington under the
impression that they were for the Charles
Warner Company. He read over orders
filed as follows;
"One thousand lbs. tarred rope; one
ton, tarrcd yarn; fifty coils OF tarred
yarn. 30 lbs. to the coil" Also an order
for some Manila rope was shipped. The
total amount OF the bill he said, was
Sl,1o7.6S. He said he never had sent
bill 60 the Charles Warner Company, but
had learned by telephone message that
someone was selling the goods az less
than cost. He never had demanded pay
ment of Foster but had replevened goods
TO the amount of S20S35.
On cross-examination, the witness said
the goods were shipped because it was
thought they we're for the Charles War
ner Company, this belief having arisen
because of the similarity of the letter
heads of the Warner Coal Company with
those of the Charles Warner Company.
He admitted that the name of the War
ner Coal Company was not listed in the
lists OF commercial houses. He said his
/ firm thought the Warner Coal Company
was branch of the Charles Warner
Company. lie admitted that the orders
were received from the Warner Goa
Company, shipped TO that company and
tho bills sent TO that company. but add
ed that the charges were posted on his
firms books to the Charles Warner Com
pany.
The letterheads Of the two companies
were compared and Mr. Fricke asked t'
point out where they were similar.
While the witness admitted there
was little similarity in the type of thl
letterheads, he said that the firm wai
under the impression that the ORDER
came from the Charles Warner Company
Mr.. Frieke admitted that the defendant
never made any representation To hi
company that led them to believe he rep
resented the Charles Warner Company
George I. Whiteside. agent for tn
Wilson Line. testified that he had charg
of tine goods shipped by j. +. Frieke am
Company TO the Warner Coal Company
The goods, he said, were receipted 70
by 4. II. Foster, a son Of the defendant
and others. The goods, he said. were no
delivered 10 the place of business of tn
Warner Coal Company, but were turne
over 70 agents of the company who cam
after them and receipted for the sam'
These receipts were admitted in evidence
, Mr. Cooper offering an objection
James +. Bodine, manager Of the Hof
man Cord Company, an out-of tow
concern, testified that on orders rC
ceiyod by his firm, one ton of tarre
yarn was shipped to the Warner Cos
- Company. he believing the order wa
! for the Charles Warner Company. II
. said he sent a bill, also a draft, TO th
latter company, before he learned tha
this concern was not the one that ordei
ed the yarn. The bill, he said, had new,
- b-en collected by his company.
John w. Parker. of the $. ". Win
- Company. rope and yarn dealers, ais
= testified to shipping goods TO the Wa
= ner Coal Company, TO the value
y S5Tl5. He also said the bill was new
y paid.
William s. Rochester, of the New Yoi
q Furnishing Company, said his compar
9 sent goods 10 the value Of SlS064.
e June 1911, 10 the Warner Coal Cor
B. pany, under the impression they we
n dealing with the Charles Warner Cor
l. pany. Witness said the bill was new
l. paid. The witness said that when
= effort was made 10 collect the bill,
, was learned that there was differen
J. between the Warner Coal Company Al
+; the Charles Warner Company.
J. Nelson White, of the Lehigh Coal N
i; Navigation Company, of Phladelphi
J. miners and shippers of anthracite 60,
testified that his firm has shipped ca
l. load of coal on order, to the Warn
/ Coal Company, and charged the same
Il the Charles Warner Company. The pri
l. was Sls0.52, but the money was not pai
William T. Jones, Of the pennsylvan
a railroad freight Office. testified that
l. remembered receiving a ear Of coal
y December, 1911, consigned to the Wa
lner Coal Company. He then read a le
: ter from Mahlon r Foster. instructor
: him TO deliver the car of coal 70 II
Sergeant, which was done
John W Scott, of the Industrial SUI
= ply Company, this city, testified that
> had made purchases from f. H. Fo
d