Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1889-05-09
whose cases will come up on the a3rd


juries received by the plaintiff by fall
ling into ditch excavated by the de-
fendant at the corner of 9Th and
Montrose streets in that place in De-
cember 1885. The damage was placed
at $4,000.
TUESDAY AFTERNOON.
1he business of court opened by
Judge Hoagland announcing that
licenses were granted to Thos. M.
Sharp, Henry d. Paullin, Martin Mad
den, VIM. Middleton and George HI.
Bates, to keep inns and taverns. The
fee fixed in each case was one hun
dred dollars. No remonstrances were
entered as to these applicants.
The case of Cotton against Keighly
was resumed. Although the lawyers
In this case were r. P. Tuller for the
plaintiff, and Wheaton Berault for the
defendant, the plaintiffs case was con-
Quoted by Judge Pancoast, and that
OF the defendant by Col. w. E. Potter,
Mr.. keighly, the noted shoe manufac-
turer of Vineland, constructed the
water works system of that place, and
it was in one of the excavations for
this purpose, that the plaintiff claims
to have fallen. Mr.. Cotton has long
been known as publisher of the R0s-
trana and Spiritualist, and formerly
a minister of the Gospel of the Baptist
faith. Mr.. Cotton concluded his testi-
mony and Mr.. Keighly took the stand.
The defence was that Mr. Keighly had
put the work out at contract, and was,
therefore not responsible for any dam
age that might have resulted frolu the
excavations made by the contractors.
DR.. E. P. Tuller and Mrs. Cotton
testified as to the plaintiffs injuries.
Henry Cotton and Mr.. Prince testi-
fed AS to the ditch's being open, the
night of the accident, and the con-
dition of the locality. Mr.. John Prince
concluded the evidence for the plaintiff
Before opening for the defence, Col.
Potter made short argument on
motion for nonsuit on the ground
of the contractors responsibility. The
motion was over-ruled by the court
The defense was begun. 1t was
based on the grounds that the acts OF
Mr.. keighley were legally performed
and his action in digging ditch at the
point indicated was in accordance with
the special acts of Legislature in re-
gard TO Vineland. Clerk of the Bor-
rough Cunningham, John Erickson,
Ex- Mapor Albro S. Brown were called
to identify the papers relating to the
contracts for the erection of the water
works.
Mr.. Charles Keighly was recalled and
corroborated his statements that he
constructed the works through the
contractors, Downey & Pitts
Court adjourned with this witness
on the stand.
WEDNESDAY MORNING.
1t was understood by those not di-
rectly interested, as we'll as by the
reporters, that the applications for
licenses to keep inns and taverns
would be considered on Friday; the
statement of the Court appears to have
been, however, that the remonstran-
ces against certain applicants
would be considered on Friday.
The applications of those against
whom there were no remonstrances
were granted at the opening of court
yesterday afternoon. Court opened
this morning at ten o'clock, Judges
Reed, Stratton, and Hendee on the
bench, Judge Hoagland coming in
late, and the trial of Cotton against
Keighly, in tort, for $4,000 damages
was resumed with Mr.. Keighly on the
stand.
AS stated in yesterdays report, the
aim of the defense is to show that MrS
keighly is not the person or party
liable for any damage that might have
been sustained by Mr.. Cotton, the
plaintiff. The acts done were done
by authority of the Borough govern
ment of Vineland, and therefore Mr..
Keighly was not liable.
The adroit cross-examination of the
witness by Judge Pancoast went to
show that Mr.. Keighly had kept an
oversight to some extent over the con-
tractors and the work at this specific
time. He had given orders to the con-
tractors at the beginning of the work,
and he also had admitted to having
told the contractors not to leave any
bitches open over night; he admitted
to having gone out on the night in
question to see that the light was pro-
perly stationed at the ditch at 9Th and
Montrose streets, he admitted that he
was his own superintendent over the
contractors; he visited this same local
ity and other parts of the work over
seeing it; sometimes he spent the
whole day with the men; gave direc-
tions when circumstances required it;
N ~ Hrl l.