The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-03-13
THE CRAVENS LET GO
Not Responsible for the
Death of Little Lester
Marshall.
BURNS AND MONKS ALSO ACQUITTED.
Testimony of the Father and
Mother of the Child Showed
Neglect Somewhere.

The trial of John Craven and Michael
Craven, real estate agents, Thomas Burns
and Richard Monks, for manslaughter, be-
gan this morning in the Court of General
Sessions. 1t was claimed that they were the
cause of the death Of Lester Marshall, four
years old, the son of John Marshall, a col
ored man who lived in the house at No. $40
First street.
When Marshall was called by the Prose-
cutor to tell his story he said that the child
died on January 18. He had been sick for
about one month with whooping cough and
pneumonia. The house adjoining the one
occupied by him had been vacant for soma
time before January. On the fifth Of that
month Marshall received notice from John
Craven &c Son to the effect that his lease ex-
pired February 6, and that the agents want
ed possession of the house then for the pur-
pose of making improvements. This notice
was followed Immediately by three days
notice for Marshall to pay $40 rent due or
to vacate the premises.
THE FATHERS APPEAL.
Marshall went to the Office Of Craven q
Son and told John Craven that he could not
move. His father had died a few DAYS be-
under the care of doctor Marshall said
that Craven told him he must move or be
put out on the street. Marshall went from
Craven & Son to the office of Warren q
Nugent and rented part OF house, and he
moved some of his furniture there, but,
owing so the severe illness of his child, could
not move the rest of his goods and his fam
ily Men soon after that began to make inn
provements on the house adjoining the one
occupied by Marshall, and he testified that
in doing so they broke a hole in his house
under the room where his sick child was,
and they tore off four ten inch boards from
the side of the building where the water
room was located. This hole was on the op-
posite side of the house from the room occu-
pied by the sick child A very strong and
cold draught came from this and the other
holes made in the house. One hole made by
the workmen was directly beneath the bed
of the child. These holes remained open
until after the child died. So far as witness
knew Craven & Son had nothing to do with
making the holes further than as agents they
had notified him to move.
Cross ss-examined by ex-Judge Garretson-
Witness said he knew the child had whoop-
ING cough and pneumonia, because the doctor
told him so. He described all the holes in
the honse that the workmen had made while
making improvements, and SAID cold
draughts constantly came from them. Be-
cause of the condition of his child, witness
told Craven Il Son he would rather pay two
months rent than move.
THE MOTHERS TESTIMONY.
Mrs. Belle Marshall, wife of the previous
witness and mother of the dead child, testifi-
ed that the child had bronchitis. pneumonia
and whooping cough. The child was recover
ing from the attack of pneumonia when the
holes were made in the house.
Cross-examined, she said the holes were
made on January 16, and the child died on
January 49,
Emma Marshall testified that two of the
holes in the house were made by man not
on trial, but who was in the Court House,
and pointed out by her. She did not see
any of the defendants make the holes, but
| she saw one of them tearing down fence.
Several witnesses were called for the pur-
pose of identifying Burns and Monks, but
| the Identification was not positive Two
| witnesses saw them at the building but would
not say they made the holes.
| All of the witnesses except one corrobor-
ated Marshall's story about the holes and the
exception knew nothing at all.
| Patrick Burns testified that on January 8
| he put men to work to improve the vacant
house. Burns and Monks did not work
| there until after Marshall moved out of his
house. Work was stopped by the Board of
Health. Burns was positive that there were
no holes made in Marshall's house.
DEATH CAUSED BY THE WORK.
DR.. Wolfson attended the sick child. HIS
testified that it had whooping cough at first
Before the repairs were made next door the
child was improving. The dust came so
thick into the house from the next house
that it caused it to cough violently. The
child then had pneumonia. The dust was 50
thick that it made witness cough. The house
| was cold and there were draughts which
injured the child, and also the lime dust in
the room filed the bronchial tubes. The
child was convalescent at the time the dust
and draughts began, and it then grew worse.
Witness would not say that the dust and
draughts caused death, but that it would
be expected that such result would natur-
ally follow Witness notified the Board Of
Health of the trouble. Witness thought
that the dust and noise injured the child
more than the cold draughts.
Inspector Benjamin of the City Health
Board testified that on January 16 or II,
complaint was made by the mother to him
of the draught and noise and he sent Health
Officer McAghon there and stopped the
workmen. He subsequently sent Policeman
Sturgis there who found no one at work but
did find the holes complained of.
Emma Marshall, recalled, testified that
when she went for Policeman Sturgis, and
the workmen saw him coming, they ran
away That was why Sturgis did not sea
them.
Policeman FIannelly corroborated Sturgis.
Ex-Mayor Henry Traphagen testified that
after the child had died Marshall came to
him and requested him to examine the house.
He did so and found the holes in the house
described by Marshall.
ALI. FOUR ACQUITTED.
The-State rested at this point, Prosecutor
said there was nothing against John and
Michael Craven to hold them on and con-
sented to their discharge. Ex7Judge Garrett
son insisted than an acqnittal should be
directed by the Court in favor of all the de-
PENDANTS, and Judge Hudspeth ssid:-
81 don't think there is evidence enough in
this case to go to the jury. The Court directs
verdict of acquittal for all four defend
ants"
WEATHER INDICATIONS.
United States Department of Agriculture Weather
Bureau. New \ oRK, March 49, 1S94-Local forecast
for the thirty six hours ending at eight p ~. on
VVadp dav vs-EOr snutheastnrn New York including