Mr. Faison, objecting—It quite obvious he is acting with the motive of getting this other matter into the case.
Mr. Lurton overruled the jection.
Mr. Faison then entered an exception to the ruling.
Witness continued—Captain Kearney said, "I am leaving for Korea on an ammunition deal to meet Mr. Franklin. When I return you will have plenty of money, tons of many, money to Mr. Lurton—Was Mr. Baker present when this was said?—Yes, and so was the compradore.
Mr. Faison—What has this to with the threat of Mr. Baker on Mr. Roth?—It all leads up to Mr. Lurton—I don't know what it all leads up to, but I will hear_ the -whole of the evidence. I don't know whether it is part of the res geste.
Mr. Faison—Mr. Roth is bringing in Mr. Franklin for the purpose of getting him into the papers in connexion with a slimy dirty charge of his, that Mr. Franklin has done something which he ought not do; in view of the fact I ask that all these answers be stricken from the record.
Witness said that he (Roth) then walked from the office and ever since, he said, "I have been having right close, hard scraps he has always been taking a chance to go at me." On May 31 witness left for Japan for a short time to get married and on his return was handed a letter by the manager, stating that he was no longer required. The letter was signed by Captain Kearney. He asked the manager what was the matter and was told, "that's none of your business get out of here." Continuing witness stated that, on June 14, he asked for his money and was told by Baker '"'Get to—out of here, mind your own business, er Pil smash your face in for you." He stood close to witness in 2 threatening attitude. On June 28, witness tried hard on three occasions to get into the building, and was met on the third ocean sion by defendant, who asked what he wanted and said, with oath, if you don't get out of here I'll smash your face." Then he (witness) stepped into the elevator and Baker ran down the stairs to overtake him, but the elevator was faster.
Under cross-examination by Mr. Faison witness denied that he had been discharged for disloyalty and dishonesty.
EVIDENCE FOR PLAINTIFF, The next witness, Mr. George. A. Mayer, was asked by Mr. Moss to state what took place between himself, defendant and Witness—I was met by Roth, who said that Baker wanted to Mr. Moss~What did Baker want to see you about?—In regard to the Kearney Ca.
Mr. Moss—Did you go to see Baker?—I did Mr. Moss—Please state what took place during the interview.—We were talking about the ac-
Text read from the printed page and cleaned; old type leaves the occasional error.