The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1914-04-16
Former Mayor Says Complaints Of
Citizens We're Investigated
Colby Testifies About the
Material Used
DEMURRER TO THE
EVIDENCE RULED OUT
Plaintiffs Score After Long Argu-
ment Before Court and the
Trial Proceeds End
Not in Sight

| ihe paving case Is pfOSfeScSlnS
slowly and the attorneys state that
they cannot yet see the end The first
witnesses for the defense were put on
the stand this morning and testified
as TO attention given TO the citizen
committee regarding the rock that was
being used in the construction Of the
paving, and whether or not it was OF
an inferior quality.
w. NJ. Edwards, former mayor Of
Chickasha, was the first witness for
the defense and stated from the stand
that when the complaints by certain
citizens, as referred to by the plain
tiffs regarding the quality of mater
ial being used in the paving. were
made such complaints were inyesti
gated thoroughly and special pains
were taken to ascertain the facts be-
fore the acceptance of the work by
the council.
L. E. Colby. former city engineer,
was the second witness, and was on
the state during the afternoon. He
testified IS to the quality Of material
used iEcluding the asphalt. told Of the
various. reports made by the city in
spectors and regarding the quantity of
cement used. stated that on the enure
job there weres ONE 500 barrels of ce-
ment mere than the number designat-
ed In the theoretical estimate of the
work.
Most OF yesterday afternoon in the
paving case was devoted to the argu-
ment Of point OF Jaw by the attor-
neys as to demurrer by the defense
to the plaintiffs testimony. during
which argument an air Of expectancy
was evident In the court room. for it
marked a crisis in the case
The demurrer followed the an
nouncement by Attorneys Bond &
Stuart that the plaintiffs rested their
case. The defense demurred on the
grounds that no evidence had been in
troducd proving constructive fraud as
charged in their petition During the
argument for and against the demur-
rer the jury was conducted from the
court room and the points argued be-
fore the court.
NJ D. Libby, attorney for the de-
PENDANTS. in the course Of his argu-
ment stated in part that the plain
tiffs had wholly failed to set up con
structive fraud in the testimony which
they had introduced, bcause they had
totally failed to-prove that at any time,
during the construction of the paving,
the mayor and council had had any
knowledge whatever that the material
being used in the work was inferior
to that specified in the contract. as
alleged He stated in substance that
that was the only point on which the
plaintiffs could make case and that
the defense demurred because, he
said, there was not scrap OF testi.
mony introduced that would in any
way prove the alleged contructive
fraud
Attorneys Melton and Stuart for the
plaintiffs stated in their arguments
| that they had beyond the shadow OF q
doubt proved constructive fraud. as
alleged in their petition, because they
had introduced testimony that show
ed the gross negligence of the mayor
and city council IN failing to invest
gate as to whether or not the proper
material was being put in the paving
as per the contract Also, that after
their attention had been called to the
fact of the use of inferior rock, they
still neglected TO investigate the prop
osition and that the paving had beer
accepted by the mayor and council
likewise the city engineer. after the
Information had been given them o
the inferior quality OF rock used AnC
that after a complaint had been made
to them against the acceptance Of tht
work, they had proceeded to accep
it, without notifying the parties max
ing that complaint, of the exact time
1.-THE matter of acceptance or rejection