Bridgeton pioneer., 1896-05-14

The indictment against POlhamuS was
moved and taken to the Supreme Court,
where it was quashed, Judge Albeit
holding that if all that was alleged in the
indictment was proved then Polhamus
was not guilty of any offense against the
State.
When Mr.. Bacon ceased, Col. Potter
said he desired to make motion to over
rule one of the offers of the defense. and
that was the attempt to prove that the
State had no right to make the grant or
Bateman to receive it, because he did not
own the adjoining land. The Colonel
held that the issue was Numerically op-
posed to the issue before the court, it
could not be tried in their cause. If the
deed was to be attacked it should be done
in some other manner.
Judge Pancoast was very earnest in his
opposition to the Colonel's motion. He
recalled recent decision, which he said
settled the objection of Col. Potter most
effectually.
For the present the court said he would
not overrule the offer.
The first witness for the defense was
Gabriel c. Dunning, a clerk in the Secre-
tary OF States office, showing the original
application for Riparian grant made by
Bateman; the witness said the paper was
taken from the files of the office. Mr..
Bacon offered heapplication in evidence
The Colonel took the application and
studied it carefully, and then objected to
the admission upon thesame ground that
he had just argued, claiming that the
right of grant could not be tried in this
cause.
The court over-ruled the objection and
the exhibit went in.
John c. Payne, Secretary and Engineer
of the Riparian Commission, was called
to the stand. He identified the applica-
ton OF Bateman and produced an abstract
of title of the adjoining upland, which
was filed with the application.
Col. Potter promptly objected to it's ad-
mission, claiming that there was nothing
to show that the paper had been filed. It
| looked for a moment as if the abstract
which showed that the title of the upland
adjoining the grant was in the name OF
Luther Bateman, Jr., would be ruled out
But Mr.. Bacon persisted and attempted
by the original records of Riparian Com
mission to show the date of the receipt OF
the abstract. But the filing was not suf-
ficiently clear to the court to ALLOW the
admission in evidence, and the paper was
marked for identification only.
The witness who had already testified
that he was the engineer of the Commits.
sion, testified to drawing maps of the
grounds in question and its relation to
the locality in which it is situated. In
Bateman's grant he said there were a
trif1e over seventy acres.
Col. Potter asked but two questions in
cross-examination, which were promptly
objected to by Judge Pancoast, and the
court refused to admit.
Mr.. Bacon next attempted to introduce
a deed book in evidence, which showed
that the title of the marsh adjoining the
grant was in the name of Luther Bate
man, Jr. This was objected to and ruled
out.
Then Judge Pancoast offered in evil
dence deed from Ethan Lore and others
property. The court said ne would admit
this deed, but Immediately reversed his
ruling and said for the present he would
withhold his approval.
The somewhat celebrated defendant,
Zebulon Polhamus, was then called and
sworn. He said he was resident OF
Leesburg, and had been for forty years,
fhot loI ~.
oyster business. He said he owned boats
and grounds in Maurice River Cove.
do you know where Beaden's Cove
is ?" asked Mr.. Bacon.
Eyes, sir.n
"Have you ever caught oysters there ?''
"Yes, SIR"
"When did you first commence catch
ing oysters there?" queried Mr.. Bacon.
II object" quickly interposed the
Colonel.
1t was at this point that the Court and
all the counsel became deeply involved.
The offer of Judge Pancoast was carefully
gone over, and became part of the
record.
SIS that right now?" asked the Court.
II think it right" said the Colonel.
but DON'T" said Judge Pancoast.
In what way?" asked the Court.
II think your Honor ruling is wrong,''
replied the Judge. SIT may be that it is
in proper shape to go up for review, il
that is what the Court is after"
An exception was granted the defense.
Judge Pancoast then offered to prove
by Polhamus and others that the plain
tiff staked up grounds in the Delaware
Bay in violation of laws passed by the
Legislature, and that the oysters became
the property Of the public.
This offer was over-ruled by the Court
upon practically the same grounds.
The examination of Polhamus was then
taken up. He said he went upon Bate
mans alleged grounds in April 1894, and
took therefrom not more than seventy