The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1919-05-30
CITY GETS VERDICT IN COURT
AGAINST SEAMAN & QUIGG
Amount of Judgment Will Be Announ-
ced Next Observation-Disclosures Will
Appeal To Higher Court

The case in the Superior court of
Chelan county of the City of Leav-
enworth against Seaman & Quigg
came to an end last Wednesday, when
the defendants closed their evidence.
The court announced verdict for the
city but withheld the actual finding
which is to be announced at later
date.
In regard to the finding of the
court Mr.. Quigg made the following
statement to the Wenatchee World:
at is claimed it is apparent Judge
Allen is going to render some kind of
judgment against us though no actual
decision has been made, at least Of
ficially. We shall appeal from a
judgment of any kind against us.
"Our contract with the City of
Leavenworth was fairly and honestly
performed. The work was from time
to time inspected by the council and
a committee of the same and no COM
plant was ever made. After the
work had been fully performed the
entire council again inspected it and
no complaint was made. We were
then required to operate the water
system for a period of ten days, and
did this successfully, under the direc-
ton of the city's own water commits
sioner, and still no complaint. Then
the job was finally accepted and the
last payment on the contract was
made. No complaint of any kind was
made for over two years, when So
called expert was brought on the
ground by succeeding administra-
ton and began to find fault. A suit
was then started, which the plain
tiff's attorney put off from time to
time on some pretext or other until
our attorneys forced the case to trial,
and of course after six years we can
not make the same showing we could
have made in a reasonable time.
Moreover the main witness for the
city, one Weile from Spokane, who
says he is an expert engineer and
upon whose testimony a judgment
against us must largely depend, swore
that he dug into the pipe line along
Mill street over the Great Northern
right of way and found all the pipe
to be wooden, except IT'S feet. The
width of the right of way at that point
is 400 feet. The plaintiff in this
suit claimed we collected for iron
pipe. During the trial we sent an
engineer and other witnesses there
who uncovered the pipe and found it
all to be iron. Then the plaintiff ad-
mitted in court it was iron. Weile
swore his testimony was based on a
personal examination of the pipe as it
was in the ground, and that he could
not possibly be mistaken about it be-
ing wood. So it can be readily seen
we will never submit to judgment
based on such testimony. And in
due course of time we shall have a
transcript of this testimony made and
presented to the prosecuting attorney
in this case and demand that he file
an information against Weile for per-
jury. If the prosecuting attorney re-
fuses to do this we shall go to the su-
perior court judge and ask that a
special prosecutor be appointed to
prosecute Weile. In the meantime
we are not worrying. We will ulti-
mately get justice in the supreme
court if it should be denied here. But
Judge Allen has not yet rendered his
decision, tho it seems to be generally
understood all over town that he has. y