The Monitor-register., 1896-05-22

.. George HICKMAN.
10. Franklin Driver.
IL. Samuel u. ElWell.
IL. lance Jaquelle.
ID. VIM A. JuSllce.
IA. John Burke.
is. Joel Mills.
IS. Samuel Powell.
II. Isaac Smith, Jr.
Is. LinwOod Holiday.
10. job Henry Shrimp.
20. Warren S. Bowen.
81. Smith ID. Sickler.
%. Robert II. Seagrave.
%. Jonathan House.
On motion of Prosecutor Acton, and in
accordance with an act passed by the last
Legislature, BENZ. F. Wood was appointed
Clerk of the Grand Jury.
Under the head of common motions,
Lawyer Hilliard applied for a rule in
second default, in the attachment case of
A. Lincoln Fox VS.. Geo. Williams, which
was granted.
Lawyer 1. o. Acton applied for a rule
in the fifth default in the attachment case
of Benezet VS.. Heritage, which was also
granted.
E. S. Fogg asked for a rule allowing
an extension of time in the assigned
estate of John Wallace, of Pilesgrove,
which was granted.
Applications for hotel licenses were
made by G. Frank Gruff, Centreton;
Samuel L. G. Murphy, Elmer; Joseph g.
French, Pe%nnsgrove; Arthur FL. Chand-
Ter, Pennsgrove; Margaret A. Acton s.
Son, Townsville; John w. Blake, Pole
Tavern; Samuel French, Woodstown;
BENZ. L. rnft, Alloway; Stacy Lewis,
townsville. Charles Curriden applied
for a license to sell spirituous liquors at
a distillery in Pittsgrove. which was laid
over until Wednesday. The hotel licenses
were all granted at these fees: $500 for
Samuel French; $3.50 for Jos. G. French
and Arthur II. Chandler, and 800 for the
others.
Court then took a recess until 1 As, and
upon re converting the Circuit Court issue
of Robert Hewlings vs.. Hiram Proud, In
toot, was moved and a jury impanelled,
composed of the following persons: John
Walker, Jr., foreman; Lemuel Denels-
beck, Richard Thompson, Charles s.
Bassett, Thaddeus Acton, Chas. B. Grier,
Henry hall, David EIwell, John M.
Wander, John Anderson, Burroughs Bid
die and Michael Hogan.
This case has been before the Court for
some time, and finally came to an issue
at the January term, in a suit for dam
ages for the cutting of timber on the
piece of land in question, brought by
Hewlings against Proud. The case was
heard and given to the jury, but after a
lengthy elaboration, they finally dis
agreed, it being understood that the jury
stood eleven to one in favor of Proud.
In the present suit two issues were
presented, one to determine the owner
ship of the land in question, containing
less than half an acre, extending along
the dividing line between the properties
of the parties at issue, and $25 would,
most likely, more than cover the value Of
both land and timber.
Robert Hewlings was the first witness
CALLED, a SOD of Rachel Hewlings, the
alleged owner of the land, by whom it
was attempted to prove the title to the
property. Deeds and wills were produced
to trace the title as far back as 1901.
In December, 1894, the witness bought
the timber on this land in dispute, which
is located in Pittsgrove township, neal
PorchtowD, of his mother. After he
bought it he found that Hiram Proud
had cut some of the timber, perhaps fifty
trees. To determine whether they were
on the Hewlings land, he had the
line run in. June, 1894, by Sheppard
English, a practical surveyor, and also
by Marcus Fry, of Vineland, and George
r. Morrison, of Salem, all using a deed
made in 1852, and beginning at a white
OAK tree for a corner between the lands
of the parties at issue. The defense
claimed that another white oak tree was
the true corner, and presented deeds
dating back to 1851 to prove it, and show
ing that this property had been in the
possession of the Proud family for a long
time. The charge of the Court was that
thirty years possession of the land in
question by the Prouds gave them a
sufficient title to it. The jury, however,
decided that Proud was a trespasser, aid
awarded 81 damages. J. W. Acton for
Proud and A. FL. Swackhamer for HewE
lings. The case occupied the entire day
on Wednesday.
The Grand Jury completed their labors
on Tuesday afternoon, returning six true
bills. Prosecutor Acton then called the
following prisoners to plead:
John A. Nickerson and Harry T.
Baker, indicted for conspiracy to commit
crime, in performing an abortion on Ida
Hofford, near Elmer, a few weeks ago.
Plead not guilty.
Frederick Phillips, indicted for larceny
of gun, clothing, etc, from Preston
Merton, of Salem, and also for breaking
Jail. Plead guilty to former and not
guilty to latter charge.
Bridget Boyle, indicted for larceny.
Plead not guilty.
Indictments were also presented against
Amanda Iredell for keeping a speak easy,
in Pittsgrove, and Warren Boltinghouse
and Charles Gosling for the unlawful t .ks
ing of a buffalo robe, the property of
Maurice Acton.
On motion of Prosecutor Acton, the
Court directed all the bills handed down
from the Court of Oyer and Terminer to
the Court of Common Pleas for trial.
On Thursday morning criminal bust
ness was taken up, with Judge Sinniok-
son OF the bench. The first case called
was
State vs.. John Nickerson and Harry 7.
Baker, charged with conspiracy to COM
nit crime, and with the death of Ida
Hofford by abortion. Before the Jurors
were placed in the box, Judge Pancoast,
of counsel for the defendants, made a
motion that the indictment be quashed
because 1t did not name a distinct and
separate offense. This being denied by
the Court, Judge Pancoast then asked the
Court to direct the Prosecutor to elect
what count he would proceed under.
This, too, being denied, Judge Pancoast
challenged the array of jurors, as they
were not selected in the presence of the
Court according to law, in that the Law
Judges were not present, having been
excluded by Judge Sinnickson, who
alone constituted the Court. The Court
overruled the challenged, to which an
exception was allowed.
The following jury was e%mpaneled,
twenty six men being called before twelve
good and true were found acceptable,
the defence challenging up to their limit,
which was ten: Elwood Peterson, John
b. Reeves, Chas. B. Grier, Walter Kline,
Lorin Reeves, VIM. G. Peterson, John r.
Keen, Jos. P. Finlaw, Jr, hiram W.
Smith, Albert Stetser, Jas. Lloyd.
The case was opened by Prosecutor
Acton, who read the indictment, stating
that there were three counts in it.
/. Conspiring to commit crime, that
is, an abortion on Ida Hofford, and they
did an overt act. 2. For using instru-
men with intent to produce abortion.
3. For using instruments on Ida Hofford
to commit abortion, by reason of which
she died.
The first witness called was Thos. X.
Eastburn, who, on being sworn, said he
resided at Vineland; knew Ida Hofford;
she came to live with him 10 1888 or
1884; she was IL or IA years old then;
took her to bring up. This witness de-
tailed the fact of Ida Hofford's death
and burial, and the location and charae.
ter of the johnson house, where Ida died.
DR.. j. Rulon Dare, sworn: Live at
Deerfeld; mar named Hiram WiItsee
called upon mt professionally on April
18th about 10 p. M; went to Samuel
Johnson's; found Ida Hofford in bed; it
was a case of miscarriage instead Of con.
inement; she was in a state of utter COL
lapse; saw Harry Baker there after
midnight; said it was too bad; asked me