Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1888-11-08


any disorder with this place, and that
substantially, no illegal business had
been transacted there, and the other,
was that the city ordinances had not
been violated.
The motion was overruled, Col. Pot
ter taking an exception.
1t remained for the Jury to decide,
said he, in addressing the Jury,
whether habitual sales had taken
place, OR been made by these defend
ants in the city of Bridgeton. He ar
gued that the Jury must, too, divorce
the question of moral wrong in the
act, from the legality of the act. The
case hinged upon, he claimed, the es-
tablishmenr of the fact as to where the
sales of liquor were made.
Prosecutor Hoagland made most
convincing argument, closing with the
statement that ''all Of these arrange
ments had been made with a view to
evade the law"
There has been a repeated violation
of our city's laws if you believe these
sales were made in Bridgeton."
Among many other points in charg-
ing the Jury, Judge Reed said, that if
the defendants made sales in the city of
Bridgeton, they were violators of the
laws.
The intention of the parties is to be
looked at to aid in arriving at a solu-
ton of the question as to where the
property in respect to these quantities
of liquors, passed from the seller to the
buyer; their mutual intention must be
taken into account-the intention of
both seller and buyer. If these sales
took place in Bridgeton, it constitutes
the place disorderly house, for these
were repeated sales.
Suppose if after the beer had been
placed in the wagon, and before it's de-
livery to the buyer, the horses had ran
away, and destroyed the bottles of
beer, whose loss was it? The proper
ty was that of Tuft s. Fox; the deliv-
cry was to be made by Tuft & Fox,
title passing upon such delivery. If
there are any facts to rebut this as
sumption, you have the right to con-
slider such facts, said the Judge.
The charge was most emphatic
one. that the sales were made in the
city of Bridgeton, but if the Jury had
a reasonable doubt that the title
passed in Bridgeton, they must acquit
the defendants, otherwise, the verdict
must be for conviction.
The Jury retired at half-past three
o'clock.
The indictment against Tuft & Fox
and Chester Hustled, found at the Jan
uary term, was taken up. A plea for
discharge in this case, was filed by the
defendants through their counsel Col.
Potter, because the defendants had
not been before brought up for trial.
The Prosecutor stated that the court
very well knew why the case had no
moved for trial. The prosecution had
been ready for trial with its witnesses
at every term.
The Court intimated that witnesses
be placed upon the stand to prove why
trial had not been had. The Prose
cutor offered to go upon the stand,
and was about to be sworn, when Col.
Potter objected, and insisted upon a
replication. This was overruled, but
Col. Potter admitting the overruling of
the replication and demurrer, insisted
upon the right of the defendant to
have the demurrer submitted and
argued before Jury. This he ar
gued with considerable vehemence
and point. The section reads that
every indictment must be tried at the
term when found or the next term
following, unless there is good founda-
ton otherwise.
The Court held that the Prosecutor
should be sworn and state why the
case was not tried.
The Prosecutor sworn, said that at
the January term an agreement was
made that the case would go over to
the May term. AT that time the case
went over on account of the Court be-
ing unable to reach the case, there
being so many others which had been
taken up for trial.
Notwithstanding all the Colonels
motives and able objections which he
interposed at every phase, a Jury was
empaneled, and the trial of the case
began.
The indictment charged the defend
ant with keeping disorderly house in
the township of Fairfield. 1t was
formed at the January term.
Col. Potter objected to the defend
ants being put upon their trial. there
being no caption to the Indictment, he
claimed. A caption was shown to be
in the Clerks office. So the objection
was overruled, and the trial went on.