Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1890-01-16

| wy; puU q COuCTdcl was Iuduc iOi hlne
months, at $40 per month. The boy
| worked for Mr.. Starn for time, but
in August. sometime before the CON
tract was finished, he left without any
apparent reason. This, Mr.. Starn said,
was in the busiest part of the season.
| The boy to have served his contract,
should have remained In the employ of
| Mr.. Starn until the first of December
| There was never any trouble between
the boy and Mr.. Starn, excepting a
( pear tree was broken, and the boy said
If he was to be charged with it, he
would leave. Upon cross.examination,
Mr.. Starn said he charged the boy
| fifty cents for carelessly breaking the
pear tree limb
A witness called next proved his tes-
timouy of the hiring of the boy, aud of
the bargain made for nine months-or
the season.
Mr.. VanSyckle called couple of
other witnesses, but the court over
ruledltheir testimony, and the appel
lants rested.
Mr.. Davis was recalled and contra
dlcted testimony of the defendants
He said that there was no bargain
whatever made that the boy should be
employed nine months.
John w. Laning was called and Mr..
VanSyckle interrupted with You
can't swear him, he was not before the
Court below"
THAT don't make any difference
answered Mr.. Sheppard. ''The statutes
plainly says that where any new evil
dence is offered, we can call anybody
in rebuttal."
II don'ti understand it that way"
said Mr.. VanSyckle.
Then you are not up on the sta
tutes," said Mr.. Sheppard; and he
hunted up the big copy of the statutes
and Mr.. VanSyckle was satisfied, after
glancing over the pages.
Mr.. Laning said he was present at
the time of the hiring of the boy. He
did not think there was anything said
about hiring the boy for stated time.
Mrs. Sarah Davis said Starn told her
that he would not hire the boy but
month at time, because if the boy
did not suit he would not have to keep
him. Decision was reserved.
The next case was the one in which
Ellen Evans and Thomas Ewing were
appellants, and Maskwell w. Appel
gate, appellee. g. E. Sheppard repre-
sented the appellants, and Mr.. W. H.
Bacon, the appellee.
Before the case was heard Mr.. Bacon
made length argument asking that
the appeal be dismissed on the ground
that the papers were irregular. The
motion was not granted.
E. Milford Appelgate said in his
testimony that on the Sd of May Mrs.
Evans came to the place of his fathers
business and selecting stone that
pleased her, told the witness that she
would take the stone, and to go on
with its preparationif she did not send
word by Monday following. Nothing
was heard and the work was finished
according to instructions. Since that
time Mrs. Evans had talked with the
witness and said she was sorry the
stone did not suit the rest of the heirs,
and if there was any damage she would
have to pay for it. Mr.. Ewing after
ward came to the yard and said if Mrs.
Evans was satisfied with the stone to
go ahead and do the work. The price
of the stone delivered was $39 so.
NJ. w. Appelgate set the stone in
question at the grave. His evidence
was not specially material. Charles
Sellers, an employee OF Mr.. ApRelgate.
testified as having assisted in the set
ting of the stone. He remembered
Mrs. Evans coming to the shop since
the Sd of May, and asking to see Mr.
Appelgate about the West stone.
Elmer Franklin testified of going to
Mrs Evans home with Mr.. Appellate
when the latter presented a bill for
the stone. Mrs. Evans said that the
stone was not satisfactory 10 the other
heirs, but if there was any thing to pay
she would have to settle.
E. Milford Appelgate was recalled
and testified about the same as the
preceding witness.
The appellees here rested their case,
and Mr.. Sheppard made a motion for
nonsuit. He quoted the statutes, and
from eminent legal authorities in sup
port of his argument. His argument
was lengthy and exhaustive. MIR. Ba-
con nstrenuously resisted the motion, and
made a strong argument.
The court held that it was impossible
to refer to the authorities at this time
and would therefore not grant the non
suit. If, however, the authorities