Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1891-10-08
2255

Or not.
Robert zell was the next witness
called: He said that he had known
Mr.. Royal nine or ten years He wes
not familiar with Mr. Royals hand
writing, but he remembered q ssa,lion
which was in Mr. Royals possession
and he knew Mr.. Royal got the horse
from Mr.. Brick, of Millville, He was
present with Mr.. Royal after the horse
died, and little over week before
Mr.. Royals death he heard him use
this language" 1.-THE d-n nigger killed
the horse, but I've got the money laid
away to pay for it," He dion't men
ton any sum, but he had heard Mr.,
Royal say that the value of the horse
was $500. Witness had offered $3.50
to Mr. Brick for him, and laid the
money on the desk, but it was not &C.
cepted, --..
Frank j lore was agaiu called He
said he lived with Mr.. Royal at the
time of his death; he knewthe stallion.
| MIR. Royal did not Guy the stallion of
any one. A colored man went after
bar-room sand and overdrove the
horse and it died. The colored man
was ia the employ OF Mr.. Boyal
While the trial was going on the
| jury in the case of Miss Jennie Cash
against the administrator Of E. s..
| Belnap returned g. verdict for the
plaintiff of s591O6 15
A jury was next empaneled for the
trial Of the case of Edith Sutton
tagainst Davi! Randolph for dover.
John 8. Mitchell ESQ, represented
Mrs Euttop, and Potter & Nixon ap-
peared for Mr.. Randolph. Mrs. Sut.
ton was the widow of Robert P. Sut-
ton, and sued David Randolph to
recover dover in lands bought by
Randolph, which had been sold from
Robert P. Sutton in 1861 on judg-
ment against him. Randolph is now
owner OF the lands then sold. The
case shows many important law and
! equity features and is on trial to. day.
This is q case which is entirely new
4 In the courts of this county and only
one of any similarity to it was ever
tried here before and that one, as
stated by Mr.. Mitchell yesterday, was
tried before the late Judge Elmer.
A history Of this one is substantially
this: Robert p. Sntton and his wife.
Edith, became possessed in 1917 of 60
certain farm property of some $4,000
value. In the purchase, a mortgage was
given of $4,000, on the purchase money.
| In 1857 this mortgage was paid off and
cancelled and another mortgage of
| 1.i,y Ht.Ta toc -fasr,1
was assigned to a person in Salem,
| who foreclosed and obtained judgment
against Sutton, in the Cumberland
| county court IN 1861, April 1st, bat
when the Judgment was obtained,
Sutton had become dispossesed of the
property by deed to one Batenan,
April 9th, 1851, or eight days after the
issuance of the judgment, Sutton again
| became owner of the same farm. The
| property was sold in Dece mber follow.
ing on this judgement by Sheriff
Dowdney.
Later it was sold to David Ran.
d olph. Mr.. Sutton died March ii 1890.
and now Mrs. Sutton sues Mr.. Ran
4 dolph to recover her widows dover of
one third OF the estate with interest.
as damage.
Before the case went to trial the
jury was eucased from their seats
and learned legal battle was fought
by Lawyers Mitchell d Potter, which
was of intense inter ST to those who
listened to them
| Before Court adjourned Last night
the jury in the case OF Brick against
the estate of Royal came in with @
verdict in favor of the plaintiff for the
full amount OF the note with interest.
so that, Notwithstanding the discour.
aging beginning that Mr.. Tuiler had,
he could say ''aIl's we'll that ends well n
WEDNESDAY MORNING.
The lawyers having completed their
| argument of Law before the court upon
the case of Sutton against Randolph,
for dover, the trial OF the suit begun
this morning.
Col. Potter admitted the marriage
of Mr.. eqd Mrs. Sutton, his death, &c,
so it WI not necessary for NJ Mitch
| ell to put witnesses on the stand to es-
| tablish these facts. He therefore
called David Randolph to the stand to
| establish, If possible, that there was
an income from the property. The
| farm is situated in Hopewell township.
near Cox's Corner. on the road run
ming from the Roadstown road to the
Shiloh turnpike.
Mr.. Randolph testified that there
was no income from the farm; that he
bought the farm for 81, l75, and had to
| depend on other sources of income for
| a living; that the farm did not pay
the expenses of tilage and taxes
| With the admission granted by Col
| Potter for the defendant and the testi
mony OF this witness, the plaintiff
| rested
Col. Potter began the opening Of hfs
defense with an elaborate history OF
the ownership, and mortgages of the
property from 1847 to the last owner,
Mr.. Randolph, and showed that Mr..
Sutton had never had but $1,000 in
vested in the property, showing that
the mortgage Of $4,000 was not paid
off and If Mrs. Sutton had any dover
at all in the property, it was only in
that investment.
The details of the trial are of hut