Evening journal., 1912-11-20
FOSTER CASE
AGAIN DRACS
Court This Time Orders USE
less Queries Kept From
Trial
PROSECUTION PUTS
IN MORE TESTIMONY

ilaudulent purposes was resumed IN
United States Circuit Court this
morning.
While ]. Elmer Perry, former man
ager for H. r. Sergeant a coal mer-
chant was being cross examined By
Mr.. Cooper counsel for the defend
ant, the witness, Foster and Mr..
Cooper became engrossed in con-
versation over the checks in the case.
Judge Bradford asked what all the
talking was about. Mr.. Cooper reply
ing that il pertained to the checks.
. Judge Bradford exclaimed, Il have
an appointment for Thanksgiving
Day and would like to keep it"
Mr.. Perry, in the course of his ex-
animation, stated that at one Il. 'e
Foster asked Mr.. Sergeant to take !.
carload of coal from him, as he was
unable to raise the freight on two
cars he had received. The witness
said he thought the tranaction shady
as Foster refused TO discuss the coal
deal in his presence.
Relative to the coal shipments, Mr..
Perry stated that Foster told him
that G. II. Foster, to whom the cars
we're sent was his wife, Grace II.
Foster.
J. A. Schadd, Of Bernice, Pa, who
left here yesterday to secure his
ledger from his home Office was call
ed and asked BY District Attorney
Nields, "Been travelling all night?"
Judge Bradford asked what has
that got to do with the case"
Mr.. Cooper objected, and the court
stated the question was irrelevant.
N Mr.. Sehadd then took the stand and
I produced his ledgers. Counsel for
the defendant stated he was willing
to admit the cars we're shipped TO the
Warner Coal Company, provided the
numbers used by Schadd correspond
ed to the numbers used on the way
bills
The memorandum of Mr.. Schadd
compared with the waybills and while
they we're being considered, counse
for the defendant asked permission tC
excuse one of the witnesses for th'
defense today. MIR. Nields stated h'
did not think he would close his side
Of the case until this afternoon. Ths
witness was then excused by the
court until tomorrow morning.
The resumption of testimony b.
Mr.. Schadd showed that he shipped
twenty-one cars of coal to the Warner
Vocal Company and received paymen
TO rtwo of them. The other mineteeI
carloads representing S12S5.46, wer'
never paid for. Witness said he cam
here on May s, 1911, and went &
Fosters yard, where he saw little o
any value about the place, which wa
deserted. witness said he later wen
to a small store, used as a grocery
and met a son of Fosters and after
ward met Foster at IL o'clock in th
store and saw coal there, which, d
thought. was his. Foster said b
could not help him 'Then the witnes
told Foster. he was hard up 10
money. Witness said Foster aske
him why he had not told him, he, Tn
witness. had wanted the money sooner
Another question asked by Foster
the witness said, was. how niue
do they want for their mines
Under cross-examination by Eos
ter's counsel, MT. Schadd said b
knew a company near his place wa
sending shipments to the Charle
Warner Company. and he had shiE
ned them material some time before
Thc witness denied ever sending
Telegram to the Warner Coal Com
many saving the company had a
over stock and asked permission [
send a few cars of coal to the Warne
Coal Company
Witness said that when he saw Eos
Tor ha told him he though ne wa
dealine with the Charles Warne
Comnany. Mr. Cooper, had the wa
ness identify a letter dated April =
1911. which the company sent 10 tn
Warner Coal Company for money
Harry e. Chew, of the firm OF Che
and Massey, printers, OF NO. 20
Fifth street, Philadelphia, was caiie
and identified the letter heads use
on letters offered in evidence as peiil
supplied by his firm. This was do1
on the orders of man who came I'M
his Office on March 20, 1911. +
could not say positively that Fost'
was that man, however.
Upon crOss-examination, the WI
ness said his artist prepared the MOI
ogram used in the letter head.
Mr.. Nields asked that the letters r
ceived by the Randle-Scnadd Con
many he introduced as evidence. NJ
cooper objected and Thomas J. Boy
on who testified several days ago ha
iny written letters for the defendant
was recalled and identified the lie
ters as the ones he wrote. He WI
on the stand when court took u
usual noon recess.
Following an hours argument b
fore Judge Bradford in Court yeste
day afternoon, by William ii. Coope
counsel for Foster and District Alto
nev Nields, the court refused to a
low j. A. Schadd to testify from mer
oranda concerning shipments
coal made by his company to Foste
Mr. Cooper objected to the testimoI
at the morning session Of court Fc
lowing the opinion of Judge Bradto
Mr.. Nields sent for the ledger OF q
Randle and Schadd Coal Compal
which is in the firms Office at Bernie
Pa.
Victor r. Pyle who testified fro
memoranda in the morning and who
testimony was objected to by cou
sci for the defendant was the FIR
witness called in the afternoon. n
Pyle produced his ledger showing &
receipt of seven carloads OF coal al
payment for them to Foster. Up'
cross examination, the witness sa
he could not say what represent
tions had been made by Foster abo
the ownership of the coal. Sever
OF the cars weer consigned to Ora
Foster, he said, and drafts attach
weer paid by the witness.
|. Elmer Perry, successor to II.
Sergeant, deceased. testified that
had acted as manager for Mr. Sc