The Monitor-register., 1896-10-30
salem Comfy Courts.

ceedings of Court last week the case o.
State VS.. Frank Wheeler, charged with
overdriviug and ill-treating a horse, be
longing to Geo. W. Crothsrs, liveryman,
of Woodstown, was on. The evidence as
produced by the State showed thai
wheeler hired the horse on Sept. 18Th, tt
60 to Bushtown; that when it was re-
turned the horse bore the marks of welts
that it was afterwards hired out AGAR
and died in few hours. The evidence o.
the defense was that the horse had moi
been i'll treated by the defendant. The
jury disagreed and were discharged
Prosecutor Acton for State and ]. For
man Sinnickson for defendant.
On Friday morning the case of State vs.
John Anderson was heard. This was an
Indictment for an assault and battery and
an assault with knife on B. Frank Wood
manager of the Salem Opera House The
evidence showed that the defendant went
to the Opera House in a drunken condi.
tion and tried to get in, but was ordered
trance by drawing knife 90 Mr.. Wood.
The jury returned verdict of guilty OF
assault with infant J W Act,n t1i
State; l. o Acton for defendant.
State VS., Joseph Museovifz and Letta
| Muscovitz Charged with having fired
their own house at Norma In July 1895
The trial occupied the attention of the
Court little over three days. The testi
mony in the case, much Of which was
interpreted by Mr.. David Koppenheim,
was very positive and contradictory and
In many insta noes the witnesses showed
much prejudice Joseph Jacobs on the
part of the State swore that he saw Mus
covitz spreading kerosene over the house
With brush IN the afternoon before it
was burned. On the defense Lazara
Klure and other witnesses testified that
Joseph Jacobs was not at home on the
day in question. Another witness declared
that Jacobs had requested him to give
the same testimony bat that he refused.
because he knew Muscovitz was not at
home. Lewis Rothman testified that he
was with Muscovitz when ] Jacobs demand
ed money, Muscovitz, saying 'ff you
don't give US $50 each we will make
trouble for you" Muscovitz and his wife
emphatically declared that they did not
fire the building nor did not spread kero
sene over it, and that Muscovitz was
away from home all day on the date in
question. The house was first discovered
to be on fire about 2 O'Clock in the after
noon. The flames we're then extInguish-
ed but broke out again about O'Clock in
the morning while Muscovitz and his
fsmily we're asleep. Judge Sinnickson in
charging tie jury said that the evidence
in the case should be considered carefully
and given just such credence as in its
judgment appeared reasonable and given
without prejudice. Verdict-Not guilty.
| Prosecutor Acton for State and J. For
man Sinnickson for Muscovitz.
State VS.. James r. Fitzhugh and John
| VanLeer, charged with running 8 speak
easy at Centreton. and also for keeping .
gambling den. Frank Seabr0ok was the
first witness. He testified that prior to
the opening of IL Fitzhugh place. Center
ton WAS a quiet country village. After it
opened last June. 81 saw drunken men
and boys there, heard people using pro.
fame language and indulging in loud
talk. Have seen people drinking out Of
bottles. On Saturday nights there would
be large crowds at the Fitzhugh park"
Abram Zanes testified that he had
| frequently drank beer at the Fitzhugh
place. Had seen others drink there. Got
it direct from Fitzhugh. Did not pay for
it. Have seen lots of drinking there but
cannot say where they got the beer.
Ephraim Horner said II have drank
beer there on different occasions. chip
| ped in once with some others to get
case. l was on the hotel porch when
| the money was raised. We went across
| to the Fitzhugh place and got the beer.
Do not know where the beer came from.
Saw two cases of beer. After this was
drank two more cases were brought in.
Saw them playing cards in the club room,
for money, Mr.. Fitzhugh was in and out
Of tho roop, oooa oionallv Mr. Hornar
was a very unwilling witness and several
times tried to evade the question asked
| him.
Sheriff o. H. virgins testified that he
went to the Fitzhugh place on the 29th
of August last for the purpose Of assisting
Detective Carney in arresting the defend
ants. | saw men and boys drinking beer,
heard great deal of loud talk and swear
ing.
William Carton said he bought one
| case of beer of Fitzhugh. Had dubbed
| iu with others and bought beer there.
| Had drank beer on the premises. Saw
gambling in the club room on the 22d Of
August.
Harry Vanleer testified that he had
''chipped In" and bought beer. That
John Vanleer would go around With a hat,
the boys would chip in, and Van Leer
would go to Fitzhugh and get the beer.
Sometimes l would get one bottle and
other times would get more. On one
occasion I took up collection that
amounted to 81. took the money to John
Vanleer and got them dollars worth
of beer. Each man got his share. Prose
cutor Acton asked the witness what
share was? Answer-three bottles.
Rev. j r. Grier.- Have known the
park to be open until after 10 O'Clock on
Saturday night on two occasions. Saw
persons leaving there, apparently under
the influence of liquor. Did not frequent
| the place. Would be prevented from get
ting my regular rest from two to three
hours on Saturday nights. Have heard a
good deal of loud and profame language
used around the place.
Walter Randolph, Marshal of Woods
town borough, was employed by Prose-
cutor Acton to watch the Fitzhugh place.
Went down there four different times.
Stopped in and bought beer. Drank it on
the grounds. On one occasion bought
twenty-five cents worth of beer. Saw
gambling in the club room on the night Of
August 22d. Heard the players say that
they would have to pay 81 for rent of the
| room.
Hirsh HOFFMAN said that he bought Of
Fitzhughs son on one occasion % cents
worth of beer. A number of other
witnesses corroborated the evidence given
above. When the State rested Its case
Vanleer was discharged from custody by
the Court on a motion of j. Forman
Sinnickson, his attorney, Judge Sinnick-
son holding that the State had failed to
make out case against VanLeer accord
| ing to the indictment, as it had not been
shown that Vanleer was a partner in the
business, nor got any direct profit from
| the sales. The defense put several
witnesses on the stand to show that Fitz-
hugh kept a respectable place of business,
| most of whom gave their testimony re-
luctantly and seemed to withhold the
| truth. The Court ruled that it was
necessary to try the case according to the
indictment, therefore it would rule out
all testimony regarding gambling or the
selling of less than five gallons, but would
hold that as tipping had been engaged
| in and that Inducements were held out to
the public to congregate there and drink,
orderly house. Verdict-Guilty of keep
ing disorderly house. Prosecutor Acton
| for State, and J. Forman Sinnickson for
Fitzhugh.
The Court made ruling on Wednes.
day afternoon that hereafter all appeal
cases will be heard on the Monday follow
| ing the opening of Court.
On Wednesday morning the civil suit
of Michael Killion VS.. Henry Barber, on
contract, was retired. The case was
first tried last week and the jury dis.
agreed. This time the jury rendered
verdict of $1208. 10 in favor of Killion.
The heirs of Geo. Spears, late of Elmer.
who died leaving Geo. M. Bacon, of
Camden, as executor, without bond.
asked the Court to require bond and fix
the amount. The Court directed him to