Bridgeton pioneer., 1890-05-15
CUMBERLAND COURTS.
PRISONERS PLEAD TO ANDHCT-
MENTS.
posed of--Appeal Cases and
Minor Matters Occupy
the Attention OF
the Court.
WEDNESDAY AFTERNOON.

Capt. Daniel SWofe on cfOsS-e4dInlA-
alton that he had planted Bay oysters
in the ground in question, and that 1t
had been four years before that since
he had planted or ran any oysters from
that ground. This was in his testi-
mony given when court convened in
the afternoon.
He further stated that he had staked
up the grounds the last, in Oct, 1889,
but the last time he staked it up be-
fore that, was after he had done late
planting in Sept, 1888.
When asked why he had planted in
the Fall of 1888, he said it was because
it had got to be reported around that
unless grounds claimed were planted
upon within year, they could not be
held.
t'Oh, them was asked, ''you had
some doubts of holding these grounds,
had your"
s'Well, planted upon them because
7 wanted to make sure Of them," was
the reply.
Capt. John Garrison was called and
testified that he stahed up the grounds
originally and sold them to Captain
Daniels. He described the ranges
which were the same as the others had
described.
Captain James Boyle, of Millville,
who had testified for the prosecution,
was now called by the defense. He
Lo 10 nto;y al n
ing ground in the vicinity of the
grounds in dispute. He thought he
saw him working farther westward
than where he considered his grounds
lay. He afterward notified Newcomb
that Daniels was getting Chesapeakes
there and he had better look after his
Chesapeakes, which he had seen him
planting there in the Spring.
Several witnesses followed Captain
Boyle, testifying that they had worked
with Captain Daniels on these very
grounds, helped plant on them, helped
to re-stake up the grounds for him and
helped him to gather the oysters off
them in the Fall Of 1889.
The immaterial testimony of Capt.
James Campbell, Of = ,owport, was the
last offered by the deianse.
Captain Newcomb was recalled to
contradict some statements made by
some witnesses for the defense, and
then both sides rested with the direct
evidence.
Col. Potter opened for re-buttal,
claiming if it was conceded, that these
Chesapeake oysters had been planted
on Captain Daniels ground, (Which he
would not admit the oysters did not
belong to Captain Daniels, but that
the rightful owner should recover the
value of them. If three persons owned
contiguous building lots and one of the
owners bought load of potatoes and
ordered them unloaded upon his build
ing lot, and they should be unloaded
on the lot of another owner they did
not belong to him but were the prop
erty of the one who purchased them.
Those Chesapeake oysters were the
property of Captain Newcomb, even
though the grounds were not, but this
was not admitted nor had it been es-
tablished by the evidence.
At the conclusion of Col. Putters re-
marks, court adjourned for the day.
THURSDAY MORNING.
For the fourth time, the jury trying
the Newcomb-Daniels oyster raid
case was called this morning. The di-
rect testimony was all presented yes
terday, and Col. w. E. Potter, for the
plaintiff, made an opening for rebuttal
evidence before court adjourned in the
afternoon.
The evidence had been voluminous,
and the jury was satisfied that some of
it was manufactured for the occasion.
No guess can be given as to what kind
of verdict will be rendered; the
weight of the indications now seem to
be favorable to the defendants.
Court opened at 10 o'clock with all
the judges present, and the case was
resumed. No rebuttal evidence was
offered, and the summing up was be-
gun, the court allowing forty-five min
utes to counsel of each side for their
arguments.
J. L. VanSyckel begun the summing
up, devoting his remarks to the ques-
tion of the title to the grounds. Mr..
Mitchell followed and, on the assump-
tion that the claim of Daniels to the
grounds were walls, and had been es-
tablished, argued the legal points of
the case.
Col. Potter, summed up after Mr..
Mitchell concluded his argument. He
argued that the law was that there
was no ownership in the grounds upon
which the oysters were planted, but