Bridgeton pioneer., 1894-10-11
CUMBERLAND COURTS.
THE INDIOT MENT FOUND BY
THE GRAND JURY.
Interesting Appeal Cases Before
Judge Reed. Criminal Bus1-
ness Opens ON Tines day Last.
WEDNESDAY AFTERNOON.

WEDNESDAY AFTERNOON.
T. was about half past two O'Clock in
the afternoon, when the twelve men
in the Gould damage case filed down
stairs and entered one of the smaller
Jury rooms, for elaboration. They
we're in care of Constable Robert Car
man. The morning adjournment had
brought the case up to the point OF
the Judges charge, and large num-
ber of persons were present to listen
to this, and the listeners heard very
interesting argument from the lips of
the Court.
Judge Reed seemed to understand
the responsibility of the case, and he
spoke very earnestly, and followed
very closely, written notes which had
been taken during the trial.
Judge Reed said that the plaintiff
depended upon three allegations
against the company. First, it was
charged that the car which caused the
accident, was running at an unusual
rate of speed. This might have caus-
ed the accident, and yet on the other
hand the unusual rate of speed might
have had nothing whatever to do
with the accident. If not, then of
course that aspect wss not to be con-
sidered.
Again the plaintiff claims that the
company did not provide suitable
audible alarms or signal bells. The
Legislature has laid down no rule il
regard to signals for the trolley cars.
The jury, then had right to consider
the matter.
The third ground upon which the
plant If founded his case, was that
the crossing was imperfect, and not
suitable for such a crossing. The
Court, however, pointed TO the fact
that the plaintiff himself did not claim
that he was trapped, and but for an
instant halted. IfGr. Gould was not
trapped by the crossing,; then that
part of the claim would be ignored.
The Court then went into consider
able argument upon the merits of rbe
case. FROM the tone of the argu-
ment, it was evident that the Court
did not think that the plaintiff had
much claim to recover against the
Company. The Judge said that the
plaintiff himself might have been neg
ligent. The law declared that the
man In approaching a railway track
must of necessity use his eyes and ears
and take such precautions as to pro-
tect himself. This was the tenor of
the argument of the Court, and the
jury was sent out rs stated.
THE SIDEWALK CASE.
The Supreme Court issues were
passed and Case number one of Cir
emit Court Issues, was then taken up.
This was the case of the City of
Bridgeton, vs. Charles E. Sheppard
on contract.
This case is most interesting to the
city of Bridgeton. 1t is to 5s- mine
the validity of one of the most Inn.
portant ordinances ever passed by
council, and which has done so much
to improve the city.
Mrs. Sheppard was represented in
the ease by John s. Mitchell, ESQ.,,
while Col. Potter and Thomas w.
Trenchard, conducted the case for the
city.
All about the Court room were piles
OF newspaper files, the editors with
their papers from 1889 being subp eened
by Mr.. Sheppard.
In opening the case to the jury Col.
Potter stated that the suit was brought
against Mr.. Sheppard for the recovery
of the sum of $45 together with inter
est from the 18th of March, 1894. This
money was due the city from Mr.
Sheppard for pavement laid by the
city In front of Mr.. Sheppard's prop
erty on Atlantic street. The Colonel
said that the defence was hiding under
technical objection, 1t being claimed
by Mr.. Sheppard that the ordinance
requiring paving and curbing, was not
passed according to law, inasmuoh as
no notice of such ordinance was given
previous to Its passage, therefore not
giving the defendant an opportunity
to be heard upon it.
And then the Colonel addressed the
Court most elaborately upon the legal
aspects of the case, quoting from the
city charter, various authorities and
the statutes.
During the argument of the Colonel,
Mr.. Sheppard seemed to be greatly
amused, smile DER spreading his
countenance. This caused the Colonel
to remark, He laughs best who
laughs last, Mr.. Sheppard"