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

terday. From all sides of the court
room could be heard the wheezy cough
of "LaGrippen or IT'S close kin, bad
cold.
of the county and the general panel of
the petit jurors was called.
Judge Reed and Associate Judges
Stratton and Hendee were upon the
BENCH Law Judge Hoagland at that
time not being present.
Mr.. and Mrs McClintock occupied
seats by the side of their counsel, Mr..
Bacon. Mr.. McClintock was still suf-
fering from the grip"
The case was begun by the counseJ
of Mr. Mcpherson, Mr.. Mitchell, call
ing Mr.. Samuel F. Moore again to the
stand to identify lease made to A.
H. McClintock by w. W, Robbins and
assigned to Mr.. Mcpherson, who had
purchased the building, Nos. 10 and 81
North Laurel street. This is the same
lease as was offered in evidence yes
terday. Ii was admitted. Robt. F.
Ayars, Constable, was called to the
witness stand; he said distress war
rant and power of attorney were
placed in his hands by John McPher-
son in Oct. 9th last, to distress upon
the store of A. H. McClintock, and he
was directed to enter the premises and
take possession of them in default of
payment of rent. He went to the
store by virtne of these papers and de-
manded the rent; he informed the per-
son in charge that he had a distress
warrant, and asked for him to point
out goods not covered with a chattel
mortgage; this could not be done; he
then said to tn e person that some other
course must be taken then, as he, the
witness, should take charge of the
store under the lease.
He had made no distress upon the
goods of the store, until a notice was
served upon him to DIS SO by Mr.. Nc
Clintock's agent in charge of the store.
The notice was written by lawyer
and signed by "a. fl. McClintock, per
G. F. A" A list of the goods distrain-
ed, and which were. called off and
pointed out by George E. McClintock,
he said, was appended upon the back
of the notice. A regular return of the
goods seized was made according to
law. The goods distrained were in
ventoried at $4,000. On cross exami-
nation he said he closed the store not
sooner than half past three o. clock in
the afternoon; the store was not closed
more than half hour; he thought it
was soon after 4 o'clock when the
store was re-opened. The power of at
torney and the distress warrant were
both given to him at the same time; he
did not show the power of attorney to
George F. McClintock; he told him he
wanted the rent, and he had distress
warrant.
why did you reopen the store in
about half hour, If you had power
of attorney to take possession of the
store?" was asked him.
Because he said he would point out
the goods not covered with chattle
mortgage"
''Then you were directed to release
the store, although you had repos-
sessed it under the lease for Mr.. Nc
Pherson?"
II was"
who directed you to do SOP"
''Mr. Mcpherson"
"Mr. Mcpherson was with you all
the timer"
"He was."
Some of the furniture was on the
pavement outside the store; these
were placed in the store off the pave
ment, for safe keeping. A certified
copy of chattel mortgage given by
Mr.. McClintock to George H. Atkin-
son for $1,000, was offered and admitted
in evidence.
John Mcpherson was called. 1 have
llveu IN brldgeton ~ years have been
in the furniture business here 30 years;
was in the same business before
came here. Mr.. McClintock was my
tenant at Nos. 10 and 81 North Laurel
street. The rental was $55 per month;
Mr.. McClintock had paid the rent
monthly; it fell due on the first of the
month; rent came due Oct. 1st. 1 sent
for 1t; it was not paid 1 went person
ally to demand the rent on Oct. 5th;
had been in Philadelphia that day,
coming to Bridgeton on the noon train
arriving in Bridgeton at 1.50 o'clock,
went home, washed, and ate my din
ner; then went TO my store on Com
merce street, finding my rent had
not been paid, l went around to
the store on North Laurel street,
and asked where Mr. McClintock