The Monmouth inquirer., 1895-08-15
Monmouth County Courts.
BEFORE JUDGES CoNovER. MORRIS
AND HIGGINS.


/ Smock which was tried some time ago
! the Court reversed thejudgmentg given
/ by Justice below in favor of the ap-
pellant and gave q judgment for the
sum of 1856 debt and for $625 interest
making a total of $91.25 and for
costs below in favor of the appel
liant. In this case the circumstances
were that the son of Mrs. SmocK re-
quested the appellant, Allen; to en-
dorse a note, he acting as her agent;
that the note was protested and Al
len had to pay it. The evidence in the
case showed that the note was dis
counted and the money turned over
! to Mrs. Smock7s account with the
bank on which it was drawn.
In the Appeal Case 55, of John E.
Crawford VS. Asher s. Ely, the Court
reversed the judgment given below
in favor of Ely and gave judgment
in favor of Crawford, the appellee,
for COSTS This action was brought by
Ely to recover of Crawford the value
of the insurance policies which were
upon the hotel property bought by
Crawford of Ely at Attention and for
which no papers were shown to the
| effect that Crawford was to pay for
/ the same.
In the Common Pleas case Z, of Geo
w. Hankinson VS. John H the Court
gave Judgment in favor of the plain
tiff for the sum of S67. IS damages.
This case was tried sometime ago and
it was sho Nn that the plaintiff had
made an agreement with the defen-
dant to rent his, the defendants s
saloon, which is situate at Keyport
and that he sold out his business and
went two or three times to take pos
session, but was unable to take pos
session, because the defendant had
leased it to another man.
Mary Altman, an aged woman, OF
Red Bank, was tried upon a waiver
for an assault and battery On Susan
| Wilde, July "a, at Red Bank. The
complaining witness, Mrs. Wilde,
stated that the defendant came over
to her house on the day in question
and demanded of her child that
had been left in her care by the de-
| fendant and which the overseer of
the poor of Shrewsbury township told
her to keep; that she refused to al
/ low the defendant to take the child
and thereupon the defendant struck
her several times, hurting her very
much Mr. Wilde stated that his
wife vas hurted all over and vas
pretty near dead.
The defendant said that she wash
ed clothes for a living and that she
/ had been entrusted with the child in
question by the child's father who
I had gone to the Memorial Hospital to
| be doctored and that on the day in
iquestion went over to Mrs. Wilde S
| to get her and that Mrs. Wilde
struck her with shovel Theodore
Woolley, the Jailer, said that he saw
bruises upon the defendants head
two or three DAYS after she had been
committed to the County Jail. The
Court found her guilty. Prosecutor
Twins for State and Samuel G. Cowart
for defendant Released on her own
recogIiizance in 800 for her appear
ance the first Thursday in September
| for sentence.
Otto Winterholm was partly tried
before the Court upon a waiver for
stealing a horse, wagon and harness
and lot of butter, eggs and some
money, July oath, at Asbury Park,
the property of Ellsworth White, for
whom he worked and the State being
unable to prove that the defendant
had anv intent to steal said property
he having been entrusted with the
same by the complainant for the pur-
pose of peddling, there cculd be no
larceny but it would be enShezzle-
ment The evidence was to the effect
that on July 23d, he was sent out by
Mr.. Wright, his employer, to deliver
some orders and that he never re
turned on Tuesday night and the
complainant looked for him up to
eleven o'clock, but could not find him
and that in the morning of Wednes-
day he made complaint against
! him and that he was found over at
! Long Branch. The defendant stated
that he delivered all the orders
and that he stopped at house where
he drank some hard cider and be
came intoxicated, so much so that he
did not know where he was going
that it was dark when he got to Long
Branch, that he had the horse put
up and taken care of and went to
bed himself, that it cost one dollar
for the horse and fifty cents for him
self. that he got the harness mended
which cost 35 cents and that was all
the money he had spent of his EN-
plover's. Prosecutor WINS made mo-
/ ton the waiver of grand larceny be
nolle prosecuted and a waiver was
drawn charging him with embezzling
the sum of So to which he plead gull
tv. Counsellor Ruff V. Lawrence
represented Winterholm. He was
sentenced to pay fine of $25 and
costs.
Peter Benjamin, colored, was tried
before the Court for breaking and
entering the house of Cornelia ID.
Marks, July IS, at Belmar, and steal
ing therefrom $3.50. The complain
ing witness stated that she had re
sided at Villa Park, a Summer re
sort near Spring Lake and that Oh
the morning July Is she went out Of
her house and was gone about one
and half hours; when she returned
finding the back window open and
the sum of 81. 80 missing. She stated
that she did not see anyone about
the premises. Theodore Dodd said
that a man got on his grocery wagon
at Belmar and rode as far as villa
Park where he got off, but that he
was unable to identify the defendant
he stating that he did not examine