Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-09-04
BEN WEIGH DENIES r
SUNDAY PARTY TOOK
COL. KEEGAN'S LIQUOR
Defense. Files Answer to Claim
for $4,000 Damage to House
Evangelist Occupied Dur
ing Campaign
REPLY GIVES LIE DIRECT

A general denial that the ''Billy" Sun
day party damaged the property Of Col
onei Charles NJ Keegan. at 1914 Spring
Garden street. to the extent Of SSOis, as
alleged, is contained in an afhdavit Of
defense. presented to Court OF Common
Pleas No. today. by Ben T. Welch for
Philadelphia Evangelistic Committee, in
answer TO Colonel Keegan's damage suit.
The afidavit denied that liquors were
taken, as we'll as the charges that the
Sunday party negligently allowed furni-
ture to be broken and different household
articles to be removed from the prem
ises.
1T is untrue that numerous articles Of
household furniture" the affidavit de-
clares, which were In the premises at
the time the same were delivered under
the lease to the association were missing
when the premises were surrendered back
to the landlord. II is also untrue that
numerous articles which we're perfect and
in good condition at the time the premises
were leased were broken and destroyed
during the occupancy of the Sunday
party.
1T is UNTRUE"
"It is untrue that any large quantity
of glassware was missing and destroyed
when the premises were surrendered by
Ine ueIenuant, except SuCn as might De
damaged i'm the ordinary course of use
which was in contemplation by the par
ties to the lease at the time the exorbitant
rent fixed therein was agreed upon. II Is
untrue that the fixtures and walls of the
house were so injured and damaged as to
necesstate numerous repairs. On the
contrary, they were In the same condition
when the lease of the defendant expired as
they were when the house was first oc-
cupied and only reasonable wear and tear
was noticeable.
THE defendant denies that the plain
tiff. Charles NJ. Keegan, was the owner
OF the premises or of the contents therein
at the time they were delivered to the
defendant association. The plaintiff has
no beneficial interest in the premises or
contents which entitle him to bring this
suit on his own behalf"
After pointing out the technical faults
In Keegan's claim for damages the af-
fidavit questions the valuation placed on
the damaged articles by Keegan, on the
ground that these values exceed the fair
market price for repairs The defense
demands that the plaintiff prove the dam
age claimed for each and every item.
LIQUOR LOCKED UP.
The $50 liquor item claimed by Keegan
is answered in a denial that the bottles
| of liquor missing from the so-called
wine cellar room" were in possession Of
the defendant, 'or that any person oc-
| cupying the premises during the term
of the said lease, associated with this
| defendant or in said premises by its au-
thority, had access to or possession OF
any Of the said liquors in the said wine
| room cellar"
1t is declared that the said wine cellar
was locked, the key to it being in the pos
session of Colonel Keegan or his repre-
sentatives.
Access thereto was at no time available
to the said defendant nor any of the per
sons occupying the said premises with its
! permission the paper continues.
THE defendant further AYERS that II tn,
| wines, brandy, rum, whisky and other
liquors referred to by the plaintiff, which
were thereafter taken from either during
session was delivered to this defendent
wre threafter taken from either during
the tenancy of this defendant or after
possession was delivered to the plain.
tiff, the taking of the liquors from the
cellar was either by the plaintiff or his
representatives or with his acquescenc'
and consent and was not with the knowle
| edge and consent of this defendant"