Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1890-01-09

eiie dblilty anu reputation OF COI. POt-
ter, who conducted the defense, it was
a signal victory for the young lawyer.
The skill and dignity, conciseness and
perspicuity with which Mr. Bacon so
ably presented his case impressed the
Court so clearly that the charge to the
jury did not seem to leave them any
tangible ground for a verdict except
one for the plaintiff.
One of the jurors having been taken
sick, another man was put in the box,
and the case of McClintock VS.. Nc
Pherson, was resumed.
The court room was densely packed
with spectators, large number being
ladies. The case was on action of tort,
to recover damages for an unreason-
able distress made by the defendant, in
Iseizipg upon and locking up the store
of the plaintiff, on October 5th last, be-
cause of a few days default in pay
ment of months rent. The dam
ages sued for was placed at 5000.
Samuel F. Moore was placed upon
the stand to prove the lease of the
store, Nos. 10 aud 81 North Laurel
street, by W. w. Robbins to A. H. Nc
Clintock, and the assignment of the
said lease to John Mcpherson.
Mr. McClintock then took the stand
and said he had been engaged in the
furniture business, selling his goods on
flo T. cfo l,
to Bridgeton on Aug. 2Sth 1888, and
opened the store No. 81 East Com
merce street with furniture and car
pets. He subsequently leased the store
on North Laurel street. f. He rented it
from April 1st 1889, the rent was due
on the first of the month His store
was locked up on distress warrant on
Saturday Oct. 5th.
The questions put by Mr.. Bacon to
this witness were stoutly objected to
by Mr.. Mitchell, and Mr.. McClintock
was finally withdrawn from the stand
for the present and his brother, Geo.
F. McClintock took, the stand. George
said that on Oct. 5th, he was in the
store and about 2 o'clock John Nc
Pherson and Constable Robt f. Ayars
entered the store and demanded the
rent due Oct. list. He was in charge of
the store, A. H. McClintock having
gone to Philadelphia, to return on the
following Monday; not receiving the
rent they proceeded to lock up the
store.
They subsequently, upon receipt of a
notice from Mr.. McClintock's lawyer,
re-opened the store, and about 5 o'clock
that same afternoon, placed George
again in possession of the store, after
first having taken an inventory of
some 5000 or $500 worth of goods
| No papers were shown to this wit
ness but the distress warrant, and
when the constable showed this, wit
ness was informed that they were
going to close the store up.
A list of the goods in the store, iden-
titled by the witness footed $34o0. go
This was exclusive of the contents of
the safe.
Every point of the evidence presen :
ted, and every point set up to estab-
lish or fortify the claim, was stoutly
and shrewdly contested by Mr.. Me-
Pherson's counsel.
A, F. Atkinson testified that he was
in McClintock's store on Oct. 5th when
Mr.. Mcpherson entered and asked
George McClintock what he was to do
with all that furniture, and George
replied, ''sell it as fast as I cam; Mr..
Mcpherson then asked "where is your
brother" and George replied In the
city" (Philadelphia) Mr.. Mcpherson
said "My rent due and 1 want it, and
George replied, ''Well, he'll attend to
that when he comes home."
Mrs. Ida V. McClintock took the
stand and testified as to the value of
the goods which she purchased at the
auction sale of Mr.. M. McClintock's
goods. The goods sold that day
amounted to $112O; of this Mrs. Nc
Clintock purchased $3.50 worth of the
goods, which went for less than half
value. The plaintiff rested here and
Mr.. Mitchell arose and stated to the
Court that he should ask for non
suit.
He then proceeded to lay down the
grounds upon which non-suit was
asked. The Judge refused to grant a
nOn.Suit and the defense WAS heoup
The defense was that the defendant
had done nothing illegal by the dis
tress; that the lease allowed the privi-
lege to re-enter and take possession of
the premises in the matter which had
been done; that they had not made
any distress upon the goods. but took
possession of the building only, and
had taken no control of the goods.
L. = l. 4