THE COUNTY COURT.
The first case called was Davis vs. Selby and Youlden, for an account. John McIntyre, K.C., and D.M. McIntyre appeared for the plaintiff, and A.B. Cunningham for the defendant. The case arose over an account owed by W.R. Davis, of New Jersey, to the firm of Selby & Youlden, for work done to the schooner yacht Wave Crest, owned by Mr. Davis. Mr. Davis made arrangements with Selby & Youlden in September, 1906, to haul his boat out of the water, cover her and care for her during the winter. The boat was to be drawn out within two weeks of the date the arrangements were made. The boat was not pulled out and in the spring she sank at Collins Bay, where she was lying, and from where Selby & Youlden were to bring her to the city. Selby & Youlden tendered their account and Mr. Davis entered a counter claim for damages for $1,210 for non-fulfilment of agreement. Mr. Davis was put on the stand and told when he purchased the yacht and of his agreement with the plaintiff, and of it not being carried out.
Matthew R. Davis, local inspector of hulls, was the next witness called. Witness stated to Mr. McIntyre that he was present when the arrangements were made with Mr. Youlden. He also told of the yacht's arrival here from Collins Bay, after lying at Mooer's elevator for two weeks and that Mr. Youlden made no effort to haul her out, although witness saw him numerous times about pulling her out. Witness said that Mr. Youlden told him that he was getting the ways ready and on another occasion that the job was a little larger than he thought it was. Quite a little discussion arose over the production of some letters between the witness and Mr. Davis, and they were not allowed. Mr. Davis was cross-examined by Mr. Cunningham.
After that witness, George Simmons, captain of the yacht, was examined. He told of the condition of the boat, how she sailed, how she was fitted up, how she came to sink and other matters. After Simmons' testimony W.B. Davis was recalled and told a few minor points concerning the craft.
This ended the evidence and both counsel made brief addresses to the jury. The jury retired and after being out fifteen minutes brought in a verdict of no contract, so there could be no claim for damages. The judge awarded Selby & Youlden their account in full and costs of the court. Court here adjourned until nine o'clock Thursday morning.
Injured While Saving Steamer - A young man employed by the Donnelly Wrecking company, of Kingston, while working about the stranded steamer City of Montreal, below Morrisburg, received a painful injury. The company was sinking what is known as a "dead" man to hold the steamer from drifting as she was lightened of her cargo, and a tree was being cut to make the line fast, when the young man, with a misdirected blow, struck his foot, severing the little toe entirely and cutting the next one nearly off.
IN MARINE CIRCLES.
The schooner Acacia is unloading coal at Booth's.
The schooner Jamieson arrived from Oswego with coal for Anglin's.
The steamyacht Corona, Alexandria Bay, is on the dry dock for repairs.
The steamer Prince Rupert discharged 75,000 bushels of wheat at Richardsons' and cleared for Fort William.
Swift's: steamer Toronto down and up today; steamer Aletha from bay ports; steamer A.E. Ames, of the Canadian freight line, down from Fort William to Montreal with grain.
The steamer Dundurn was at Swift's wharf, today, on her down trip from Hamilton to Montreal. Capt. Cooney, who had his head seriously injured on the last trip up, has recovered from his injuries.
M.T. Co.: tug Emerson from Montreal with three barges, cleared for Montreal with three grain barges; steamer Fairmount, from Duluth, 70,000 bushels of wheat, lightered and cleared for Montreal; steamer Westmount from Duluth, 70,000 bushels of wheat, lightered and cleared for Montreal.
Steamer Kingston Baseball Team - list of members; challenged steamer Toronto crew to game.
p.7 City Council Session - communication from Dr. J.C. Connell and others regarding grievance caused by Donnelly Wrecking company at waterworks wharf at foot of West St.
p.8 Incidents of the Day - Locking through the Soulanges canal, the steamer Alexandria caught the coping and was hung up on her side. Fortunately the danger was seen in time to reflood the lock and save the ship from disaster.