Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1896-10-15

THE OCTOBER TERM.
Little of Interest just Now Before the
COurt,

There seemed to be two sides of this
chicken story, as was plainly developed
by the defendants portrayed.
The afternoon session began with the
defendant upon the stand. Mr.. Logue
representing MacFarland, made plain,
forcible opening, but less lengthy than
Mr.. Mitchell. He first brought from his
bench of witnesses the defendant, Ran
dolph MacFarland. He introduced him
self to the Court and the gentlemen of the
jury that he resided in Monroeville,
Gloucester county, and was engaged in a
somewhat extensive manner in the
manufacture of ice cream, butter, and
also conducted a cold storage and freez-
ing plant. He took considerable time in
describing his plant, and asserted that it
was complete plant and compared
favorably with similar plants through
out the country.
Getting down to the case in question,
Mr.. Randolph explained that he was not
seeking this business of freezing poultry
for oliver & Daley, but it was offered
him. He contracted with the firm to re-
ceive such stock as was shipped him and
keep it frozen for certain consideration.
He made no guarantee nor did he ever
intend to be responsible for its safe keep
ing. Unexplained that Mr.. oliver him.
self, came to Monroeville, overlooked the
freezing of the poultry and seemed to be
satisfied with the progress of affairs.
After some little time, some of the stock
made quite a stencil and he removed it
from the freezer to another room, and
| notified the firm. But oliver continued
to send stock to the freezer. and as a
matter of course, it was received.
Mr.. MacFarland explained the tenn
perature necessary to freeze and keep
frozen, poultry. His plant was calculated
to, and did properly freeze these consign-
ments.
OF the condition of the poultry when it
was shipped, Mr.. MacFarland knew
| nothing. He did not care as to the condi-
ton of the poultry, as it was not his busi-
ness.
When the witness was turned over to
| Mr.. Mitchell, he had troubles of his own,
The cross examination was severe. 1t
was thorough. 1t was more, it was re-
| lentless. Mr.. Mitchell asked personal
questions, and when Mr.. MacFarland at
tempted to answer in rather Indifferent
manner, he was quickly rounded to hold
to the question simply vsiEstz1 Il -
Mr.. Mitchell was insistent when he
| wanted to know what MacFarland knew
| about the condition of the poultry while
| it was in his freezer, but it was always
answered that it was frozen.
"Well," said Mr.. Mitchell, we will find
| out about the condition of this poultry if
| we stay here all day."
Then Judge Ludlow broke in with ''if
you know what the condition was, answer
| the question"
Then MacFarland replied that he knew
nothing of the poultry business, as he was
not dealer or packer.
The witness denied that he ever said to
| oliver that he did not know anything
about running freezer.
| He further declared that he never told
Mr.. Daley that he could keep poultry in
his cold storage as we'll as anybody. He
explained that he told Mr.. Daley that he
had room in which he could freeze
| poultry and could keep it frozen.
Mr.. MacFarland said that this was the
first and only experience he ever had in
freezing poultry.
| The witness said he understood that
oliver & Daley put this poultry in the
freezer for the purpose of bringing it out
| in marketable condition, and MacFar-
land had hoped the firm would be sue
cessful.
1t was now that the case assumed an
unusual aspect, inasmuch as one of the
plaintiffs of record, went upon the stand
in the interest of the defendant. Daniel
| Daily was called, that gentleman being
from Oct. 1898 to January 1896, the busi-
| ness partner of Mr.. oliver. Mr.. Daley
| had been sitting in the room since the
case began, and it was subject of re-
mark that the plaintiffs case was closed
| and he was not called. 1t was subject
of great surprise when he was called by
the defense.
Mr.. Dailey's idea of the case was soon
apparent, and he had no word of con-
demnation for Mr.. Mcfarland. He re-
called Distinctly that MacFarland came
to the poultry store and they discussed the
matter of freezing poultry. MacFarland
told him that he could freeze the chickens
and keep them frozen. Rather than send
the stock to New York, it was decided to
ship to Monreville, it being much more
convenient.
When the trouble came with the goods
spelling, Mr.. oliver jumped at price
that he was determined to charge Mac
Farland for damages. The poultry ship
ped to Monroeville did not cost on an
average of twenty cents per pound, and
the amount of damages asked for by Mr..
oliver was over-estimated.
Mr.. DALEY further said that neither he
nor Mr. oliver had any experience in the
matter of preparing goods for cold stor-