Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1890-01-16
without argument, the appellee not
appearing in court.

eve, dppelee, was calleQ, X. i. Iul-
ler representing the appellant and H.
0. Newcomb, the appellee. Mr.. Tuller
moved nonsuit on technical grounds
in this case. The cause was drawn in
an action for debt, and not on con-
tract, and this was held by Mr.. Tuller,
to be a sufficient defect in the papers
for nonsuit; he also moved for anon
suit on the ground of the second ac-
tion being brought before the discharge
of first action, which had been had.
The motion was vigorously opposed
by Lawyer Newcomb, he citing CO.
piously from Supreme Court decisions
on the points; one of the strong &C.
cisions cited was that in the case of
McGear u Bro, against Uriah D.
Woodruff, in this city some years ago,
in which the opposing counsel were
the late Frank Westcott, and James
R. Hoagland. A non-suit was granted
on the second grounds that new trial
of the case had been begun before the
first was properly disposed Of.
The next case called was that of
James D. Newcomb, appellant; and
Andrew R. Snyder, appellee. H. o.
Newcomb for the appellant, and H. s.
Alvord for the appellee. This was an
action of tort and tresspass against
Newcomb by Snyder for taking COW
and horse from Snyder and converting
them to his Newcomb's, own use, and
also for tresspass. Mr.. Snyder was
placed on the stand and said he lived
near Millville. He bought sorreI
horse of Joseph Chamberlain. One
day while he was in the field at work,
Mr.. Jsa. D. Newcomb and a man
named Ford, harnessed the said horse
and drove away with it and changed
it off for mare. Mr.. Newcomb had
offered to make restitution but the
restitution was not accepted.
James D. Newcombs, came to his
place with an officer, walked into his
barn, united the COW, and took her off
the place.
1t appears that Newcomb had gone
on Snyder's note, for the purchase of
the COW. Witness valued the COW at
$50 and the horse at $50.
On cross-examinatien, he said he
went to live on Newcomb's place, in
1882. Jas. D. Newcomb and Andrew
Ford took his horse away; he did not
ask them to take the horse away and
trade it; he did not help gear the horse;
he did not bring suit against Newcomb
before this suit. because Newcomb had
agreed to reimburse him for the horse;
he did not help Alfred Wilson gear up
the horse.
Chamberlain swore to having sold
the horse to Snyder, but beyond that,
knew nothing of what had become of
the horse.
The defense was that Snyder had
asked Newcomb and Andrew Ford to
take the horse away and trade it off
for him; that Snyder helped Andrew
Wilson, the colored boy, to gear the
horse up for that purpose, and that
Snyder received the horse that they
got for him. The COW, Mr.. Newcomb
claimed to be his, by the mutual agree
ment of Ncwcomb and Snyder, until
the note for her purchase was paid,
When these things were tried to
| be proved, and the defendant, Jas.
| aff
ness; the defense was non-plussed-
squelched, by the abrupt objections
of Mr.. Alvord to his being sworn.
1t transpired that there had been no
witnesses for the defense sworn at the
trial; below and no 10 days notice of
the witnesses to be produced at this
trial, the defense found itself with no
case. The judgement of the court
would be given in the afternoon, and
court took a recess till o'clock.
AFTERNOON SESSION.
Appeal day is by no means an inter
esting occasion in the County Court
room, and the only spectators usually
|
in the cases which come before the
Court. In the afternoon the attend
ance was indeed limited. The first
case presented to the attention of the
honorable Judges was that as noted
No. % in the list of causes under the
head of Appeals to Common Pleas, in
which David P. Starn was appellant
and Matthias Davis appellee. Mr.,
Sheppard represented Mr.. Davis and
j. l., VanSyckie, looked after Mr.
Starn's interest.
The case was an action brought by
Davis against Starn for services of q
boy whom Davis had hired to Starn
The amount claimed was $22. 10
and for this amount the JUS
tice below had entered judgement
Mr.. Davis was put on the stand and