Bridgeton pioneer., 1891-10-29

i 1t, and did not know whether he was
the man meant.
| James Magonigai took the stand and
said he had lived in Millville for TWEEN
| ty-two years. He is acquainted with
Charles Payne. He said that he was
not present at the Court House during
the May term last He was not, he
said, a material witness In the disor-
derly house trial, in fact knew nothing
about the case. Payne had never said
anything to him about case. During
the month of May he was not in
Bridgeton, and during the session of
court he said he YVES not In Bridgeton
or Millville. During the month of
May last he was employed in a glass
works at Baltimore, Md Payne had
never told him he would not want him
as witness in this case Never had
| any conversation with the defendant
upon any subject during the month
of May last. He did not go anywhere
as result of a conversation with
Payne.
Upon cross-exemination Magonigal
said that after he had returned from
| Baltimore he went to Payne and asked
| if he was the important witness re-
ferred to, and Mr.. Payne replied that
| he was not.
| John Rubart, father of Albert Ru.
| bart said that his son was in Findley,
| Ohio, having gone there during the
month of October. His sons oceupa-
ton was as Il window glass blower,
and during the month of May last was
in Findley, Ohio. He came home to
Millvile on the 23d day of May last.
He came direct, he supposed, from
Findley. Previous to that time he had
not been home since the 10th day of
September, 1890. During the month
of May last Albert Rubart was not in
Bridgeton. He was not as he knew,
at any time during the month of May
employed in glassblowirg In Balti-
more.
| Mrs. Sarah Rubart, wife of the pre-
| ceeding witness, ,corroboratedt the testi-
mony of her husband in every parti-
cular.
| With this witness the State rested
| Mr.. Mitchell desired he said to make
a motion. While it had been shown
that there had been made an affidavit,
yet it had not been shown that an tp-
/ dictment had been found. A more ies-
portant fact, how ever, he said, was
that the State had not yet shown that
the men produced as witnesses were
the men meant by MIR. Payne in his
affidavit. This he thought was the
duty of the state, as it was not strange
that there should be others OF the same
name mentioned in this affidavit. Mr..
Mitchell therefore moved that the
Court instruct the jury to acquit the
defendant. This the Court refused to
do, and an exception was taken, and
Mr.. Trenchard opened the case for the
defence. He defined the law concern
ing perjury, and said that the affidavit
was drawn by Mr.. vanSyckel, and the
names inserted were all a mistake.
They should have been James Madon.
igal, Alversis Knobbe and Alphonso
Rubbert. Names very similar, and
! set entirely different when it comes
right down to hard pan.
James L. VanSyckie was first called
as witness, and he said he had been
a practicing lawyer, and had lived In
Millville some four or five years.
While there he knew very well James
Magonigal, Albert Rubart and Albert
Knabb. After the disagreement of
the disorderly house case jury, Mr.
VanSyckle said he learned that the
case would be moved again, and Mr..
Payne was notified, and he came over
from Millviile, and met the witness.
Payne gave the witness the names of
the witnesses that had gone away. 1t
was nearly court time and the affidavit
was drawn hurriedly. Owing to the
fact that the names were go similar
Mr.. VanSyckle inferred that Magon-
igal, Kuabb and Rubart were the men
and SO wrote them. He read the aft
davit to Mr., Payne and it was sworn
to before County Clerk Trenchard.
/ Mr. Logue made a pretty sharp
crosg-eXaminatiop. In the first place
he had Mr.. VanSyckle read the names
as they appear in the affidavit, and
then had him pronounce the names
Alverses Knohbe, James Madonigal
and Alphonso Rubbert, and asked
him the question If there was any
similarity in the pronunciations.
Then Mr.. Logue wanted to know if
the affidavit was not signed just after
Court convened in the afternoon, and
MIR. VanSyckle said he believed that
was so. Mr.. VanSyckle then admitted
that he must have carried the affi-
y