The Monmouth inquirer., 1896-09-24
Monmouth County Courts
BEFoRE JUDGE J. c. coNovER.


BEFORE JUDGE ]. c. coNovER.
THURSDAY Sept. 17th:-Appeal
cases, of Ella Applegate, VS. George
Linzemeyer Jr., of Edward Fairy q
Co, VS. Stewart 81 Baker, James NJ.
Walling, Sarah H. Wagner, John II.
Fairy, VS. H. Pike Jr, Carrie E. Como
tion of r. w. Dayton. marked passed.
Appeal of Vim. Wood VS. Robert *.
Ludlow, upon contract, was upon mo-
tion of E. w Arrowsmith Sr., put oil
for the term.
In appeal AZ, of Mary M. Doran VS.
Carl Peterson, the appellee not APP
pearing the judgment below in favor
of appellee was reversed.
In appeal 55, of Luther Boyce ct al.
VS. VIM. G. Ely, motion was made by
A. E. Johnston, counsel for appel
lants. that the case be postponed for
one week, pending settlement Mo
ton granted. r. w. Dayton for APP
pellee.
In the matter Of appeal 5s, Oliver
Pawley VS. VIM b. Willis Jr., Edmund
Wilson, counsel for the former, stated
that VIM Cabby and VIM Wilson,
two important witnesses had not re-
sponded and the case was ordered off
for the term upon payment of costs.
Judge Walling for Willis.
In appeal 50, of Josephine NJ Wi
mans, appellant, VS. The Jersey City
Packing Co., appellee no one re-
sponded for appellant, the Judgment
given below in favor of appellee was
affirmed.
Appeal IA, of Elizabeth Walling, VS.
John W. Keough, was upon motion
of Judge Walling, put off for the
term.
Appeal 81, of Jos. H. Richmond and
John Honce, appellants, VS. Chas. 4.
Clayton, appellee, was tried. This
was an action brought by Clayton to
recover $65 upon a note given by Jos.
H. Richmond and endorsed by John
Honce. 1t seems that on April 1st,
1892, Joseph Richmond gave note
to Clayton, for the sum of 1925 pay
able in twelve months after date, at
the First National Bank of Ffeeholds
that on Aug. 20, 1893, Ricnmond paid
S75 on account and that on March
20, 1894, Richmond and his wife, gave
Clayton note for $65 the balance
due on the former note with Honce
endorsement payable in three months.
The signature and endorsement up
on note was admitted by defendants
and Mr.. Clayton WAS sworn. He stat
ed the facts as above but said he ac-.
cepted the latter note upon the
grounds that if the note was not
paid when it became due that he
would hold the other note, on which
Honce's endorsement was for secars
ity for his money. JOS Richmond
said that Clayton accepted the latter
note With the understanding that he
would not release Honce upon the
first note, until the last one was paid.
John Honce for defense, said that
Richmond told him that he had paid
off the note and that he was going
to see Clayton to get the note, that he
had endorsed and not for the purpose
of settling the latter note. The de-
fendant, Honce, also claimed that by
the taking of the note of Richmond
and bis wife, by Clayton, released
him as security on the former note.
The Court reserved decision. Alfred
Walling Jr., for appellants and r.
w. Dayton for appellee.
Clark Cove Fertilizer Company VS.
Palmer, was upon motion of r. w.
Dayton, put off for the term.
Naturalization papers were grant
ed to Morris Kinhafer, native of
Germany.
Wln. Cahill was tried before the
Court for an assault and battery on
John White July 11th, in Milestone
township. The plaintiff stated that
the defendant and himself got into
argument about an old feud and that
the defendant struck him and knock
ed him down; that the defendant
jumped on top of him and was turn
ed over by Daniel Cahill, his brother,
that while he was.on top the defen-
dant bit him ON the cheek. White
admitted that they had all been
drinking. Daniel Cahill cprroborat
ed White to some extent, except that
he said that they both clinched and
fell, that TIE defendant fell on top.
He did not see any blows struck by
either one. Enoch Wood stated that
all of them had been drinking and
that they were both waving there
hands in the air and swearing.
Others testified as to White being bit
ON the cheek. The defendant claim
ei that White attacked him. He
claimed that he bit White to make
him stop punching him while on the
ground, White being on top of him.
The Court found him guilty. Sen
tence was deferred until Oct. 1st,
Prosecutor lylns for State and A. h.
Johnston for defendant.
Noah Boone, colored was tried be-
fore the Court for an assault and bat
terry on John Miller, on the night of
July 18th, and robbing him of $40 in
Holmdel township The complain
ant testified that heand Boone both
worked for Mageess they being bros,
that ON the night in question Boone
asked him to go TO Morrisyille, which
he did; that after being inSteinbergis
saloon for about fifteen minutes they
having a couple of drinks, the color
ed man, the defendant, went out,
that the complainant went a little
while afterward; that while on the
road toward home, the defendant
struck him OH the head with a stone
he held in his hand, aud at the same
time took ebout $10.75 out of his vest
pocket. Frank Magee, for whom the
defendant worked, said that Miller
the complainant, came to his place
the following morning and that he
was covered with blood, that Miller
told him that Boone had struck and
robbed him ON the night before
while coming home. He stated that
while going on the road with Miller.
they found two pieces of Miller's vest