Bridgeton pioneer., 1896-01-16


paid. This bill the Judge figured out to
be s52.70. The Court then held further
that 10 legal tender had ever been made
by Parker to MacFarland in settlement
for this bill. consequently MacFarland
had not placed himself liable for an ac-
ton for damages.
In concluding the Court said that if the
horse was restrained by iMacFarland it
was due to the failure of the plaintiff to
satisfy the lien legally established against
the horse. 1t was, in the language of the
Court, simple, plain, transaction in
which Mr.. MacFarland very properly
looked after his own interests. The Court
suggested to the jury that if there were
any damages due Parker from MacFar-
land, this Parker had utterly failed to
present it to the satisfaction of the Court.
The case in the Circuit Court issues of
Ellison Elmer. VS.. Alfred f. Loper, in
tort, was next called. Messrs. Charles E.
Sheppard and John S. Mitchell were
present to represent the plaintiff, while
Walter III. Bacon looked after the de-
fendant.
The case was one of that sort which is
filled with legal complications and con-
tanning not single question of fact, and
a jury could scarcely comprehend its
duties in the case.
Stripped of about everything that as
sumes legal aspect, the case is this -
In the palmy days of Contractor James
Edwards, Mr.. Elmer contracted for the
building of double house on Ellis
street. The contract price was to have
been S210O. Strange as it may seem Ed
wards was financially hard up and want
ed $500 in advance. Elmer did not care
to advance the loan without security.
Edwards then made out an order upon
A. F. Loper for $3.50 worth of mill work,
and this order was accepted by Mr..
Loper. Another similar order was made
out for Newton Elmer, and accepted.
Upon the receipt of these orders Ellison
Elmer advanced the money.
When the final settlement with Ed
wards was made for the completion of
the house, Elmer deducted the $500 ad-
vanced. Mr.. Loper had furnished about
$50 worth of work upon the house, and
subsequently collected by action upon
mechanics lien. Edwards never having
paid any money to Loper, he declined to
furnish material to Elmer, and the latter
brought suit. If the jury gave Judgment
then Loper would have been obliged to
look to Edwards for his money.
! TheGase was presented upon the part
l of theplaintiff, Mr.. Bacon placing many
objections in the way, and then for the
defense, Mr.. Bacon argued for non-suit.
He urged strongly that Mr.. Loper was
not legally liable, and if so, the order had
certainly been paid by the deducting OF
| the S250on Loper's order, when the settle
| ment was made with Edwards by Elmer.
The motion was argued at length and
| finally the Court temporarily disposed OF
the case i'll a rather unique manner. In
order to have the jury discharged he
ordered them to give verdict against
Loper for $3.50. Then he took the papers
in the case, and said he would either non-
! suit the plaintiff or set the verdict aside.
| All jurors were then discharged until
next Tuesday when criminal business
will begin. Judge Ludlow will be here
! on the 2lst to hear another case.
| Monday Morning.
The Orphans and Appeal Court was in
session this morning, with Judge Hoag.
land presiding, associating with him
being Lay Judges Hendee and Ludlam
There were various matters brought tc
i the attention of court at side bar, which
: was of interest only to the lawyers in the
case.
Ephraim Marts, charged with assault
was called and pleaded guilty.
Several other defendants We're called
but did not appear.
| John Allen and Albert Vanmeter were
present and pleaded guilty to fighting.
John Newlin, Millville youngster
stealing fruit, not guilty.
Walter Porch, charged with stealing
fruit with young Newlin, pleaded guilty
Mr.. and Mrs. Thomas G. Sloan applied
to the court to adopt eight year old Isaac
Maxwell.
! After much other Orphans Court bust
ness had been transacted, the rather dull
Tuesday Morning.
! Criminal business began this morning
at the big brick house on the hill. All
the members of the Court were there, the
officers were present, and fifty-foul
jurors answered to their name when
| called. The usual big crowd of specta-
| tors were also in the room, but there was
little prospects of important business
when Prosecutor Logue arrived with his
green bag filled with Indictment papers,
The Grand Jury had returned but
eleven bills, and in the batch we're none
of any Importance. Almost all of the
defendants have heretofore pleaded and
with two or three exceptions have said
guilty, and the Jurors will be detained
but couple of days-three at most. This
is somewhat unusual from the fact that
criminal court generally continues two