Evening journal., 1916-04-03

PRIL 8, 1916.
objection was overruled and an ex-
ception noted.
When another objection was made
Deputy Attorney General Chaytor
explained that under an ordinance the
Traction Company is liable for re-
pairs on the bridge. within three feet
on each side OF the tracks He said
the original bill shows the stamp of
approval of the court, but that the
copy dOes not. II was a bill to the
Traction Company
An argument followed. Mr.. Rein
hardt said the Levy Court had every
right TO take into consideration the
amount to be paid by the traction
company for IT'S share of the work
Mr. Hopkins then testified that he
made up the amount of the total bill
and One-fourth was to be paid by the
Wilmington and Philadelphia Trac-
tion Company.
Mr.. Reinhardt said he wanted the
best evidence on this point and that
evidence is in the possession of the
State-the original bills.
Mr.. Hopkins took the bills referred
TO i'm the opening and read them.
showing the amount of lumber fur
nished and the cost of same for the
bridge. Objections were made to
each batch of bills, but the objections
were Overruled and exceptions noted.
An objection was made to the ques-
] tion, were those bills paid
Chief Justice Pennewill asked if it
made any difference whether the bills
were paid or not
Mr. Reinhardt asked the witness if
he knew as a matter of fact that
these bills were approved by all the
members of the Levy Court
An objection was overruled and
( Mr.. Reinhardt said that the issues in
the case might as well be taken up
now. This particular case the de-
fense claims. covered from January
3 to January Is.
Mr. Hopkins of his own knowledge
said he did not know that the first
carload of Hart lumber went TO the
Market street bridge. He did not
know of his own knowledge where
any of the lumber had been used.
He said BurIis told MIN to make up
the statement. He could not tell
whether Burris saw the original list.
Mr.. Hopkins was recalled and testi-
fed that no advertisements for sealed
proposals we're made By the Levy
Court for the work.
In cross-examination he was asked
If all the items read were for one
particular Job. An objection was made
to the question and argument fol
lowed to show that perha S no pro
posals were necessary.
Burris also purchased lumber from
the Christiana Lumber Company
amounting to $70774. The lumber
purchased from Simmons & Brother
Company cost $734.25, and J. W. Bar
nett furnished lumber to the amount
OF S22606. making a total for lumber
OF SO ,495. GO. There is no count in the
Indictment regarding labor.
Mr.. Reinhardt admitted that Mr.
Burris was a member of the Levy
Court from the first Of January. 1913
until January 1. 1915.
Floyd Chambers, of No. 100 Penn
sylvania avenue, said he was in charge
of the work on the Washington stree
bridge. The top floor of the bridge was
practically a new one when completed
} he said. He said he ordered lumbed
for the work by direction of Burris
from Simmons Brothers Company ant
the Christiana Lumber Company.
4 Witness said he called Burris' atten
tion TO the condition Of the stills of tn
first section of the bridge. Witness
said there was no way of telling wha
amount OF lumber was necessary b.
looking at the top floor. 1t was II
good enough condition to last TO
months. He thought that every planl
that was worth saving was utilized il
the work, he said, and there was NJ
waste lumber used. At this point court
took a recess until $50 o'clock.