Evening journal., 1916-01-07
government SUIT
FOR DIVIDENDS DRACS
Treasury Officials Reiterate
That Uncle Sans Money
Was Not Received
CASE PROCEEDS
WITH ELEVEN JURORS

When the case OF the government
of the United States against the
Chesapeake anc Delaware Canal Com
pany was resumed In the United
States District Court this morning,
the agreement as 10 the admission
or non-admission of the receipt books
of the United States Treasury Depart
ment. which was begun yesterday af
ternoOn. was resumed. Counsel for
the defendant objected to the admis-
sion of the books upon the ground
that they were incompetent to prove
the fact as to the receipt by the gov
ernment Of dividends from the canal
company for the years 1873, 1875 and
1876, amounting to S51 1877 so.
John W. Watkins. The juror re-
ported i'll yesterday did not appear
in the jury box this morning. He is un-
derstood to be confined TO his bed
at the Manufacturers Club. Philadel.
phia. with influenza.
During the argument as to the ad-
mission of the governments receipt
book. District Attorney Nields read
authorities backing up his contention
that the books should be admitted in
evidence. The books offered covered
the period from 1873 to 1914 inclu-
sive. The court after hearing the
arguments from counsel on both sides,
admitted the books for what they
were worth. stating that they were
the books of a sovereignty and kept by
sworn officers. The court said that
the attorney Or the United States had
stated that he could show that there
was no record IN the books to show
that the United States had ever re-
ceived the dividends referred to in
the suit. Mr. Biddle. for the defen-
dant company, was granted an excep-
tion as to the admission of the books
i'm evidence The receipt books from
1873 to 1880 were admitted as evi-
dence.
Harry c. Pierson, custodian of the
books, testified that he had examined
the books admitted in evidence and
had found no record OF the receipt of
dividends since 1873 to 1914 inclusive.
lie identified four books rs miscel-
laneous revenue cOunter-warrant
books from July, 1872 TO 1878. They
were offered in evidence The books
were admitted. Mr.. Pierson was ask
ed if the records showed any entry OF
the receipt of any sum of money from
Co for dividends from June, 1888
A book covering all the receipts OF
money by the United States for 17Ss
to 1905 906 was offered and admitted
as evidence.
At the request Of Foreman Simpson
OF the jury. Mr.. Pierson produced the
bonks of original entries. The wit
ness showed I'm the books the last
entry Of receipts for dividends away
in May, 1873. Witness was called tC
account for reading Chesapeake anC
Delaware Canal when an entry was
Delaware and Chesapeake Canal Dur
ing the cross-eXamination by Mr.. Bid
die the witness had to be warned re
peatedly to answer the questions.
The afternoon session YESTERDAY
was taken up by Mr.. Nields getting re
ceipt books before the court as evi
dence to show that there was no rec
ord OF the receipt of the S51 1875
dividends from the canal company a
the Treasury of the United States foi
the years 1873 1875 and 1876.
Several employees of the United
States Treasury Department testified
The object of the testimony was Il
show that the government has M
record of receiving the dividends II
question.
Henry c. Pierson. a bookkeeper il
the United States Treasury Depart
ment, who has been there since 1865
and is now in the Division of Book
keeping and Warrants. producel
books covering receipts and eXpendi
lures covering many years. Througl
Mr.. Pierson the government was per
mitted to show by these book
whether there was any entry show.n
that the government had receive
dividends from the canai company 70
the years referred 10 In the case.
In reading one entry he read it a
Delaware and Chesapeake Canal" i
stead Of the Chesapeake and Delawar
Canal. Mr.. Gray, for the defendan
company, asked that the testimony b
stricken out because il was not tn
name of the defendant company. TIL
court refused to strike out at the time