The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1895-04-17
April Court,


Raritan-Alexander B. Allen, John
OFT.
Readington John r. Foster, Lambert
Smith.
Alexandria William Bonnel.
Delaware-Richard d. Reading, Lam
bert T. Warman.
Holland-Mahlon A. Fulper.
William Z, Loper.
Standardization Kearns, Frank W.
Larson.
Union-Peter NJ. Mechling.
Kingwood Asher W. Carroll.
West Amwell-John B. Drake.
East Amwell-Robert Kane.
neutrality-suspicious. Backer, Robert
Craig.
Clinton Township William Mcconnell.
Clinton Borough-Isaac Creveling.
High Bridge-Nathan Terrbery.
Franklin-Willam Trimmer.
The above being sworn, Justice Gum
mere delivered the following charge:
Gentlemen of the Grand Jury The
duty which you are called here to per-
form is the highest and most important
which the State imposes upon its citizens;
the duty of bringing TO light for the pur-
pose of investigation, trial and punish
ment all violations of law which take
place in this county.
The execution OF the criminal law is en-
trusted to the Grand Jury in this State:
that law cannot be enforced nor can crime
be punished except by indictment found
by you. 1t will be your duty TO carefully
investigate every alleged violation of law
which shall be brought to your attention.
You have the right in doing this to re-
quire the presence before you of all wit
nesses whom you may deem proper and
10 compel them TO testify before you as to
the subject matter concerning which they
are summoned. If at the conclusion of
your investigation of any given case you
should determine that the evidence, I'M
explained, warrants an indictment, 1t is
your duty to indict. 1t is not your func-
ton 10 hear the evidence on both sides
and determine whether the prisoner or
person accused is guilty or innocent that
is the province OF the trial court. Your
duty is to determine whether probable
cause for guilt exists sufficient TO justify
the presentation of the accused for trial.
These views of the duties of Grand
Jurors 10 which have called your atten-
tlon are concisely expressed in the oath
you have just taken the duty TO make
dilligent inquiry of all matters which
shall be brought to your attention; TO
make true presentmehs thereof; 10 pre-
sent no one unless for just cause; and to
leave no one unpresented for any reason
which Is inconsistent with the conscien-
tious discharge of your duty.
The court knows of but one matter TO
which 1t is necessary to call your atten-
ton specifically at this time, and that is a
case of homicide which took place ON last
Christmas at Lambertville. AS the facts
are represented to me they are substan-
TALLY these: The person who was killed
and the man who killed him, were engag
ed with some others in celebrating the
day, and these two became engaged in
quarrel which determined 10 fight. The
man who did the killing. and / under
stand he Is much the smaller of the two,
tried TO avoid his opponent by retreating,
and at the same time drew pistol and
threatened to shoot him If he did not keep
away. This threat being disregarded, and
the deceased following up the prisoner,
he at once fired and killed his assailant.
Now IL these facts are substantially as
have stated them, it seems quite clear
that this is not murder. Murder is de-
fined to be the unlawful killing of anoth-
err, with malice aforethought, as the books
say, and where the killing Ia unlawful,
but this element Is lacking-that is where
the killing took place from sudden pas
sion or n hot blood, why then the crime
is manslaughter. You should remember,
gentlemen, in investigating this case, that
every killing is not unlawful. There is
such thing as justifable homicide. For
instance In this case if you should find
that the prisoner was justified in suppos-
ing that the deceased in attempting to as
sail him was about to take his life, or to
do him some great bodily harm, he would
have a right to protect himself even at the
expense of the life of his assailant. But
you should also remember that where the
evidence does not warrant any such
thought, that is, where 1t does not justify
the man who did the killing, in thinking
that the person whom he killed was about
to take his life, or do him some great per-
sonal injury, where 1t is quite evident
that all he intended to do was to commit
an ordinary assault and battery, then the
use of deadly weapon is not justifable
and the offense is manslanghter.
/ know OF no other special matter TO
which II Is necessary for the court to call
your attention. II there should be at any
time during your investigation any matter
which you should desire to have the court
instruct you upon, you have right TO
call upon the court for such instructions.
The Petit Jury list being called, COM
mon motions were heard after which the
matter of hotel licenses was taken up and
the following granted
VIM. Holes, Mt. Pleasant, fee, 800;
VIM. w. Rutt, Little York, 800; G. L.
Tomson, Pittstown, 500; Kate Able,
Bloomsbury, $3.50; David b. Rothrock,
Valley, 500; Bertha Morrison, Amman
dale. 1925; Charles r. Meirs, Lebanon,
1926 Jacob X. Wilson, Sergeantsville,
$3.50; John Burns, Ringoes, 1925 ; WIN.
B. Bovine, Quakertown, 800; Geo. w.
Hance, Milford, $3.50; Mahlon II. Rupell,
Milford, 1925; Stewart w. Kitcbin, Bap-
tisttown, 300; Edward Humphrey, Glen
Gardner, $3.50; VIM. II. Laudenberger,
Junction, $l25; John II. Mellck, New
Hampton, 500; Samuel H. Mount,
Flemington, $275; Lambert Humphrey,
$275; w. Howard Lake,
Pennington, 1915; Calvin Hill. Reaville,
1925; Abram S. Case, Three Bridges,
1926; Austin Clark, New Germantown,
800; Horace p. Mlburn, Pattenburg,
800; Peter Mulvey, Brick Tavern, 800.
The application of John Corcoran to
keep a saloon in bennington, was refused.
The first case on the list was that OF
Chester Van Syckel, ct. ais, executors of
John @. Wene, deceased, Va. Margaret
Wolverton, and Sylvester q. Wolverton.
This case went off for the term by de-
PENDANT.
The first case moved was that of the
Second National Bank OF Reading, Pa,
VS.. Stacy b. Niece and several others.
This was an action on two promissory
notes amounting to about $1,374, which
II WAS alleged the defend ants made nav.