Evening journal., 1912-11-14
EnCTCp CAGE
I VG Ake OUJL
UNDER WAY

At the opening OF United States
Circuit Court this morning, District
Attorney John p Nields. who is pro-
scouting the case Of Mahlon B. Fos-
.er, charged with using the malls for
fraudulent purposes, STATED that as
Judge Bradford had suggested yes
,erday, that the connection Of Foster
70 the Warner Coal Company be
shown, he would introduce the char
er Of the Warner Coal Company.
This was done and showed the names
Of Charles S. Warner, Mahlon b. Fos-
ter and George Foster.
Edwin b. Morse, an emigrant in
spector of the Government, stationed
IN California, was called as the frsC
witness. Morse said he was the Della
ware representative of Bradstreet's
Agency in 1908 and at the request OF
the Charles, Warner Company he Wis
tied Fosters place of business at
Fourteenth and Thatcher streets on
December 8, 1908. He saw nothing
there but a tin shack, and one wagon.
When he asked Foster who the in
corporators of the Warner Coal Com
pany were the witness said Foster did
not reply at first Later he said
Charles S, Warner, Of Meadowbrook,
Pa, was one. The witness testified
that Foster said they did not need
rating as they could secure all the
credit they needed.
At that time Foster when spoken
to about the similarity Of names be-
tween his company and the Charles
Warner Company, claimed according
to Morse, a man had a right TO use
his own name in his business Foster
also claimed the company charter
had lot yet been received, but that
$1,000 had been paid in to the COM
pany
Crossed examined by counsel for
the defense, w. S. Cooper, Morse said
his agency did not confuse the War
ner Coal Company with the Charles
Warner Company
Alfred ID. Warner, treasurer Of the
Charles Warner Company told Of the
origin of his company. He identified
the monogram &C. w. c." used on
their coal bags and compared 1t with
that used by Foster which We're alike
At this Foster who is assisting his
counsel asked, us that monogram &C.
w. c." or "W e. c." District At
torney Nields said 1T makes it what
ever you want
Mr. Cooper for Foster took up the
monograms, saying they might have
been made by the same parties, and
that il it was not copyrighted, II
could be used by other persons. Mr
Warner said his company had discus
sed the similarity of the name but
be had never heard of any thing
being said to lead people to think they
were the same companies. Mr.. Warner
admitted that his firm was not IN
the charcoal nor transportation bust
IA
use Of the Warner name by other
parties did not injure his company
but was an Inconvenience. Mr.
Nields asked Mr.. Warner fit did not
ian his opinion, injure wholesalers
Mr. Cooper objected. the objection be
ihg sustained by Judge Bradford.
Harry A. Brown. Clerk of the
Peace was asked by the government's
attorney if Foster as Treasurer o
the company had paid a merchants
ak. MT Brown replying in the af
frmative Mr.. Brown produced an af
ndavit sworn 10 by Foster on Jan
uary 8. 1912 showing his company
purchases had amounted to $4oO
Counsel for Foster opposed tn
Offering of the letters received by tn
Randle- -Schadd Co., and R. Rochester
of the New York Cordage Company
piesentcd .hy Mr. Nields. after re
iatiouship ofFoster and the Compan,
we're established IN doing so Mr.
Cooper contended there was mt
evidence that Foster had practica
control Of the corporation, nor ha'
mailed the letters. The objection wa
sustained, Judge Bradford statinl
better evidence was necessary.
Howard s. Thomas. charcoal deal
or of Chester. Pa, who formerly wa
a member OF the hrm OF lhoma
BROTHERS and Kline. stated thei
business place adioined The Stand
ard Fuel Company at Fourteenth an
Thatcher streets.
Thomas identified photograph
handed him by Mr.. Nields as a replic
of the buildings At that time so
and brother of Foster was about IN
place and at times a colored man II
said the buildings used by the Stand
ard Fuel Company which compan
later changed its name TO the Wal
uer Coal Companys plant were suit
- able. Foster came there in the morn
ings and received his mail.
John II Frickey. OF Philadelphia.
rope dealer. swore he sent to Foste
or to the Warner Coal Company be
tween July and september 50, l5l
rope and yarn valued at Sll97 Pai
Of this was repleyined he said. Nj
Frickey said he sent the rope think
ing the company was a subsidiary {
fhe. Charles Warner Company, an
charged the rope to the Charles Wal
ner Company
T'pon cross examination by NJ
Cooper Mr.. trickey admitted that th
bin received on August IA by Foste
was made ont to the Warner Co;
Company by his company Mr.. Fricl
ev was on the stand when the coul
took a recess until 2.3O o'clock
Opening the Case.
Six witnesses for the prosecutio
were heard during the afternoon ses
sion Of the case yesterday. Whe
court convened District Attorney
p. Nields outlined the indictment an
it's twenty counts to the jury. M
Nelds explained the sJaSure dealin
with the use of the mails for sue
purposes and stated the Goyernmer
would show that the defendant di
mail letters to various firms, usin