Bridgeton pioneer., 1896-05-28


fact. There were serious conflicts in the
testimony which it was the duty of the
jury to reconcile as best it might. The
Judge did not deem 1t his duty to go over
the testimony. That was for the jury.
There were two charges. One was that
Brewer defrauded Mcpherson by false
representation; the other was that Brewer
had removed chattel mortgaged goods
without the permission of Mcpherson,
the mortgage. He had no right to re-
move anything unless Mcpherson con-
sented. 1t was acknowledged by the de-
fendant that he sold pigeons which were
mortgaged. 1t was for the jury to say
whether Mcpherson gave that consent.
Then it was for the jury to say whether
this removal was for the purpose of de-
frauding Mcpherson.
1t is difficult, the Court said, to prove
fraud. 1t must be determined by the
circumstances surrounding the case.
The matters pertaining to the sale and
the Westcott suit against Mcpherson,
should not influence this case at all.
1t was Constable Frank J. Lores turn
take out the Jury, and he was sworn.
Col. Potter objected to Lore taking charge
of the Jury inasmuch as he had been en-
ployed by Mr.. Mcpherson to hunt up
evidence against Brewer, and had ar
rested him in New York City.
The Court did not think that under the
oath there should be any trouble. The
Constable had no right to talk to the jury
or express any opinion to the jurors.
Col. Potter said that notwithstanding
the oath it was very common for con-
stables to confer with jurors, although it
was manifestly improper.
Judge Hoagland said that if there were
objections he would substitute another
constable, and the jury went out in charge
of Constable Watkins, of Vineland.
After the jury had retired exceptions
were taken to several parts of the charge,
and then excepted to as whole by the
defense.
Prosecutor Logue announced that all of
the witnesses upon the part Of the State
against John P. Terrell and Carney
Chamberlain, charged with illegal sale of
liquor and keeping disorderly house
were discharged for the term.
Mr.. Logue then took up the case of the
state against George Bates, Jr., charged
with illegal selling of liquor. The dis
orderly house count was abandoned.
The same evidence as produced in one
of these liquor cases, will very well do
for all of these complaints, almost all of
the testimony being the same, and most
of the witnesses were identical.
In this case Harry Paul said he was in
the habit of buying beer, two crates at a
time. He would drink some of the stuff
out there, and bring some of the bottles
away. In fact the testimony of Paul
boiled down was to the effect that the
sale would be made two crates at time,
but the actual Securing of the beer was
on the installment plan.
Jesse Beebe told his story much to the
damage of the defendant. He had bought
one dozen bottles there for which he had
paid fifty cents. He said that he drank
the beer on the premises.
LoWlS MdltlSOu, Vi YAK SITe0U, Sd1U uQat
he went there shortly after Christmas
Ordered two crates of beer and paid S1.25
down and brought one crate away. He
went back after the other at another time
He drank one bottle of the beer upon the
premises.
That was all the testimony the State de-
sired to produce, and the defense went on
to make general denial of the charges
made against Bates.
Thursday Afternoon.
When Court convened this afternoon,
there was look of expectancy upon the
faces of the many persons present. Some
how or other, the rumor had gone out
that the jury in the case of John L.
Brewer had agreed upon verdict.
The Court room was pretty we'll filled
and when Judge Hoagland took his seat
on the bench he found Constable Wat
kins awaiting his arrival. He said the
jury had agreed, and the Court ordered
him to bring the gentlemen up stairs.
A moment later the jury filed up stairs
and took chairs. The Court asked Thos.
w. Trenchard, one of Brewers counsel,
ifhe would waive the right of the defend
ant being in Court.
Mr.. Trenchard did not feel that the de-
Tense would waive their rights in any
particular, and Constable Reed went over
to Jail and brought the famous wing shot
to the Court room.
While this was being done, those pres
ent had a splendid opportunity of scan
ming the faces of the jurors. There was a
solemn expression apparent, which indi-
Gated that they had upon their minds a
weighty responsibility. One lawyer who
has studied carefully the faces of many
jurors gave it as his opinion, that from
the appearance of their faces, the jury
had convicted upon at least one count.
When Brewer came in, he sat down
near the jury, and Mr.. Trenchard crossed
over to where he sat.
County Clerk Trenchard called the
names of the jury and said, "Gentlemen