Evening journal., 1912-11-15
FOSTER CASE
DRACS ALONG
Prosecution Puts in More
Testimony at Afternoon
and Morning Sessions
MAY REACH JURY
LATE NEXT WEEK

LATE NEXT WEEK
Prior to the opening Of this morn
ing's session of the United States Cir
cult Court, w. H. Cooper, counsel for
Mahlon b. Foster, accused Of using
the mails for FRAUDULENT purposes,
stated that the defense would sum-
mon at least twenty witnesses, and
hey would also produce a great deal
of documentary evidence.
United States District Attorney John
p Nields said he did not know how
long the trial would last 1t was the
opinion of several of the jurors, how
ever, that the trial would not termi-
nate before Friday of next week.
Thomas. J. Bowen, public steno-
grapher, who dictated the letters, pro-
duced as evidence against Foster yes
terday, was cross-examined by coun-
sci for the defendant at the opening
of court today Mr.. Bowen, when
questioned as to how he identified the
letters as being written by him, said,
he based his opinion on the use of a
hyphen in the date and the use of a
colon at the end OF date. The ordi-
nary operator of a typewriter. Mr..
Bowen said. used a comma instead of
a hyphen, and a period instead Of a
colon at the end of a date. Again he
used a comma instead of a period at
the end of the abbreviation Of a word,
such as ST. instead of street. Mr..
Bowen also identified the color of ink
which was changed, as his letter press
copy would show. This was not pro-
duced, however.
The first tilt occurred when Mr.
Bowen was handed a letter address,
ed to ]. e. Frickey Company, dated
August u, 1911, which had not been
offered in evidence by Fosters Coun-
sci, and asked if he wrote it. Bowen
said It was a good imitation but he
did not write it.
why should l write two letters
to the same firm ordering the same
materials on the same day" was Mr..
Bowen's answer.
The two letters we're compared by
Mr.. Bowen who declared the second
a good copy the sentences being the
same, but the ink on one letter was
faint, while IL was plain on the other
letter. Again the original letter, the
witness claimed. was printed from
dirty type. the copy being clean
Mr. Bowen addressing Mr.. Cooper
said Il am here to tell the truth.
Mr.. Cooper reminding him he was
under oath
The witness said the letter NJ was
iammed 100 far against the letter P
and the letter was high on his
typewritfr as they are today, but the
letter shown by Mr. Cooper failed to
show strh assignment.
Mr.. Hwen was then asked by Mr.
Cooper Are you employed by the
Government in this case The wit
ness sad NO, am here having been
eubpoelaid as a Witness
FRANK F. Slocomb. Of the F. F
Sloconb Company, owner of the
vessel'Ira Marshall" was called and
testifd that he hired the vessel tc
Foster on July z. 1911.
The witness said he understood thu
boat vas to be used in carrying pas
sengrs and freight between New
Castl and Pennsville. The agreement
betven the witness and Foster wa'
nrodced. Later he recovered the
boat the contract not having beer
CARED out Mr.. Slocomb said he die
NOT hear of the Warner Coal Com
nan. until two days ago, although his
plat was directly above Fosters
whaf on the Brandywine
Optain William A. Boyce, who ha'
Command of the boat while in Fosteri
chsge. told of loading coils of rop'
froh the Wilson Line Wharf an'
soig to Port Penn and Delaware Cit.
win his crew consisting of Foster
sol Eugene, and a man named Steeu
Atthat time Foster was aboard. Oh
arriving at Delaware City some Of th'
roe was placed aboard a team ant
Foter and his son went into 81
Georges The next day they proceed
ed 70 Smyrna where more rope wa
unl4ded
Under cross examination Captain
Boye admitted that a cargo Of can
ned goods had been taken aboard tn
boat md taken to Philadelphia H
also said thst Mr.. Slocomb paid par
Of his charg's.
District Ntorney Nields recalle
Boyce who asked why Mr.. Slocom
paid him Mr. Cooper objected an
vas sustaiied
Boyce sid he understood Eugen
II Fosterwas in business, having
store
GeorgeH Whiteside, employed b
the Wilsh. Line, testified that he dc
livered r@ tarred rope and twine
Fostersson who signed for the War
ner Goa Company.
Crossexamined by Mr. Cooper, III
witness said he say Fosters son re
ceipt fr the rope, but on Septembe
%. therope was signed for by u. N
Fostei whom the witness did no
know He did not know the signatur
of GIN. Foster and the receipt wa
ordebd out of the evidence on MI
CooRrs objection,
.Jdn w. Scott, ecretary-treasure
andmanager of the Industrial SUP
plyCompany. this city, said youn
ma came to his place of busines
abue August %. 1911, and said hi
nSne was +. H. Foster. He elaine
tthave a grocery store on the Eas
Sic of the city and had some tarre
fine for sale. In October the youn
ian came again and Scott said h
old a younger brother of Fosters {
ell his brother to come to the plac
4 as he had doubts about the materials
having received 4400 pounds of IN
tarred twine from the young mar
This was followed by a telephone cal
a man saying his name was Mahlo
b Foster and asked about the trou
ole between the witness and the de
Il 'endant's son. Mr.. Cooper objected
and IL was sustained
The witness said the yarn that wa
replevined by a representative of th
Frickey Company had been left at tn
Industrial Supply House by the dc