Norwich bulletin., 1921-09-28

regan, for the ties and denies that it owes the plaintiffs. Arthur NJ Brown ap- peared as counsel for the plaintiffs while the railroad was represented by Buck ineham and Winner.
 Called as a witness, Arthur Tillinghast testified that in October of 1918, Kirman came to him and suggested that he buy approximately 2,50O railroad ties that Kirman was about to cut off a lot where he was engaged in numbering operations MT. Tillinghast said that an agreement was reached and that the Tillinghasts were to pay for the ties. which were to be delivered at Jewett City at the rat. of 95 cents each. MT. Tillinghast stat ed that he had made other purchases of ties of Kirman, and an agreement in- troduced later in the trial when Kirman was on the witness stand showed that kirman had on October 15, 1918, at about the time he was to begin cutting the ties had lon this day sold 2,SOO ties" to the plaintiffs, to be delivered at Jewett City The same document contained another like agreement on the part of Kirman to sell ties to them at Oneco. Admis- sion of this document was objected to upon the part of the attorneys for the railroad, but their objection was over ruled by the court and it was included in the exhibit in the case.
 MT Tillinghast identified a series of seven checks. each for amounts of sev- | eral hundred dollars, which he stated were given to Kirman during the fall period of 1918 for ties being delivered at Jewett City. The checks bore Mir Kir- mans endorsement.
 | When Mir. Kirman, who went Into bankruptcy in January. 1919. was call ! ed to the stand he testified that he was | short of money in the fall of 1918. when he was about 10 undertake the ! numbering operations that were to pro- 1 duce the ties in question and that he went to the Tillinghasts and suggested 1 that if he could borrow some money from | them, with the ties as collateral, he you'd allow them three cents on each tie l delivered to Jewett City. the Tfllinghasts | to collect the money for them from the 1 railroad company, deduct their loans and i commission when the railroad paid them | and turn the balance over to him. He
 said he borrowed from the Tillinghasts
 from time to time that fall, but under | rross-examination insistentlv denied that l he had ever entered into any agreement | to sell the Tiilinghasts the ties outright
 and that the checks given him were mere ly loans with the ties as security, with 1 which he could pay his help an dother op-
 erating expenses. When shown the | agreement to sell the Tillinghasts the
 ties to be delivered at Jewett City hs
 admitted the signature was his. but sait that the figures had been tempered witt
 and should read 500 ties instead of g. | 500 as the paper now shows. Kirmar
 said he could not make an agreement
 to sell 2,SO0 ties because he did no
 know at that time about the number o
 he would get. He said that he did not
 tell the Tillinghasts anything about tn,
 number of ties he hoped to get, where
 upon Attorney Brown asked him why h,
 admitted signing agreement to deliv
 CT 500. The witneE persisted in hi!
 statement that he did not sell the ties
 but that the arrangement was as previ
 ously stated.
 | Shown the cancelled checks bearing hi
 endorsements and asked by Attorne!
 Brown what the checks were for hi
 unvarying reply was for the ties" Kir
 man said he had delivered 2.200 to 2,3o
 ties at Jewett City before the end O ] 1918. He had checked up the ties iron
 time to time as they were delivered t the railroad yards in Jewett City an'