Bridgeton pioneer., 1891-10-29
put upon the stand when he came.

ooS VIII LIS CdS9 uutll the QcIoQSo
had rested. After some argument, the
Court ordered the case to proceed, and
the defense was of course, obliged 10
rest its side of the matter.
Prosecutor Logue put John W. Sim
mons in rebuttal, and for some time
there was some interesting by-p1ay be
tween counsel, and the Court was
obliged to sit down on the counsel.
AS Mr.. Logue said, about every ques-
tion asked by him was objected to by
the defendants counsel ''in group"
and Mr.. Simmons was excused.
To contradict Mr.. Payne, Jos. Troth
was put upon the stand to prove that
during the fall of 1890 Thos. Austin
was at Payne's house.
This ended the long and somewhat
tedious case, and the Court allowed
each side three quarters of an hour
for argument; before the Jury. Mr..
Mitchell opened the argument for the
defense, and he was followed by Mr..
VarSyckle. Prosecutor Logue summed
up for the State. H3" Ej54-
THURSDAY AFTERNOON. -e-
After the opening of the court
Thursday afternoon, Judge Hoagland
immediately charged the Payne dis
orderly house jury, and the twelve,
good ai1d trai men were sent out for
deliberation. ,o,,-.-. IT, "a
Mr.. Payne was still required to sit
at the head of the defendants table, in
the case of tie State against Charles
Payne, upon g. charge of purjury.
This case, it will be remembered, is
one in which it i. alleged that Payne
fal ely swore to an affidavit from the
fact bat he desired the retrial of the
cass at the May term of court, post
poned. John S. Mitchell, Esq, and
Hon. T. W. Trenchard represented
the defense. ..7 e.--..-
Nineteen names were Drawn from
the box before jury could be settled
u on. The affidavit upon which the
charge is based, is as follows:
CUMBERLAND QUARTER SESSIONS.
STATE Indictment for
vs. keeping disorderly
CHAs. PAYNE, JR. house.
CUMBERLAND COUNTY, s. 8.
FCharles Payne, Jr., being duly
sworn on his oath says, that he can
not saE- iy go to trial ON this day, be-
cause of the absence OF material wit
nesses, viz, Albert Nabb, James
Magonegle aud Albert Rubart; that
the said witnesses were present in this
Court on Friday of last week when
this cause was tried, the trial result
ing in disagreement of the jury; that
deponent was informed by Wilson
Banks that the States Attorney has
Informed him (Banks) that the case
would not be tried again until the
October Term following; that on Mon
day last, said witnesses went to Balti
more, Maryland, deponent having
told them he would not need them
this term, where they are engaged in
glassblowing; that at the time said
witnesses left the jurisdictions of this
Court. deponent understood his cause
would not be retired until next October
Term; that he was not informed until
Monday evening last that the State
intended to retry said cause at this
term, and that be has been unable to
procure the attendance of said wit.
nesses on this day: that said witness
are material, that he expects to prove
by said witnesses that club was
formed at depoDent's niiace; that de-
ponent received no remuneration for
the sale of beer; that all money that
was contributed by any member of
said club or by any one at said
Payne's place was for the purchase of
beer for future use by the club; that
no money was paid to deponent by
any one for beer, by none of the wit
nesses who testified on the former
trial. or by any other person, and that
deponent knows OF no other witnesses
by whom he can prove the same state
of facts.
Sworn and describedl
before me Nav, 81, CHAs. PAYNE.
1891,
WILLIAM B. TRENCHARD,
County Clerk.
County Clerk William B. Trenchard
was sworn and declared that on the
21st of May last, he administered an
oath to Charles Payne, as to the truth
of the above affidavit.
Albert Nabb " a. called. He said he
had lived with the exception of one
year, all his life in the city of Millviile.
Tho witness declared he was not in
the court room, or the city of Bridge
ton any time during May last. He
was not present in the court during
the month of May last, during any Of
the proceedings of the case OF the
State of New Jersey against Charles
Payne. Nabb said he was In Balti-
more, Nd, during the month of May,
working at his trade as glassblower.
He knew nothing of the trial except
what he read in the papers at the time.
He was not informed that he was
wanted by Payne in the case as wit
ness and did pOt know he was a ma.