Evening journal., 1912-11-19
OBJECTIONS
CROP UP In
FOSTER TRIAL

F. Joseph Vasey, freight agent of
the Philadelphia and Reading Rail-
road Company who testified in the
case of Mahlon b. Foster before
Judge Bradford in the United States
Circuit Court yesterday, was the first
witness called this morning
II was stated that the government
has at least thirty more witnesses.
This indicates that the prosecution
will not conclude its case until some
time late tomorrow
District Attorney Nields said this
morning that the government would
attempt to prove the orders for re-
consignment of the cars by the p. *
r. Railroad Company we're signed by
Foster
Mr. Vasey was asked by Mr. Nields
why the sixteen cars ordered by the
Warner Coal Company were recon-
signed as testified yesterday. The
witness said it was made at the re-
quest of the railroads for proof of
proper identification. II was the rule
OF the railroad company. the witness
caid. 10 adopt this method where a
consignee was unknown TO the trans
portation company.
Lawrence W. Walker, cashier of the
railroad company, identified the ord
ers reconsigning the cars.
Cross examined by Mr. Cooper. the
witness was asked if Foster had rep
resented anything that was after
wards found to be fraudulent Mr.
Nields objected but withdrew the oh
lection The witness then answered
the question. saying NO
j. A Schadd, Of the Randle an'
Schadd Coal Company of Bernice, Pa.
was recalled and started to read eX
tracts from his ledger giving th'
dates of the orders shipped. Mir
Cooper objected District Attorne.
Nields said such testimony had beel
allowed in the courts under the rul
of convenience The court suggeste
that such an opinion be produced
As the testimony of the witness wa
dealing with shipments by himself h
was ordered to proceed but counse
for the defense objected to him read
ing from the memoranda. After argu
ment against such testimony Schad
was excused and Victor r. Pyle wa
called to the stand
Mr. Pyle said he had known Foste
for at least 20 years and was familia
with his handwriting Mr.. Coope
objected to this, but the court ovel
ruled him Mr. Pyle then identifie
the iorders reconsigning the coal a
being signed by the defendant
Mr. Pyle told of Foster purchasin
two horses he used in delivering Goa
at a sale on his (Pyles) credit tn
understanding being that Foster wa
to pay him weekly Mr.. Pyle said b
purchased seven car loads of coa
from Foster. and in return gave tn
defendant checks He also took on
money for the horses, at variou
times from the amount owed Foste
for the coal He said he also bougt
bags for Foster. On cross-examins
ton. the witness said the data he rea,
the various dates. cars and price
from was a copy Of his ledger. Nj
Cooper objected to this being intro
duced. being similar 10 the testimon
of Schadd The court sustained tn
objection until the afternoon recess
Mr. Nields once addressed Mr.. Pyl
the witness. as "Mr. Foster" but COZ
rected himself. Spectators in III
room, gave way to mirth. over the a,
dress and the court raped twice fc
order
Mr. Nields then had Mr. Pyle pre-
duce his books but the court declare
it was not prepared to admit them
this time without authority. Coui
then took a decess until 23O O'Clock.