The Monitor-register., 1896-01-24

|
salem. on Tuesday morning, Judge Lud-
low presiding. with Associates Plummer.
Wood and Newell. The following gen.
tlenen compose the Grand Jury:
VIM. Plummsr, Jr.
| 2Jno. Smith.
3 B. B. Westoott.
Geo. w. Ayres, Jr.
5 George A. Citizens.
Frank Wright.
John H Peterson.
Frank Gaventa.
9 William III. Denny.
| 10 Albert w sailor
| II Oufnton z. Harris.
~ Joseph P. Anderson.
I3 jeremiah Watson.
II William Walker.
Is S. Smith BaSsett.
l6 X. b. Ernest.
| II Sheppard English.
is Joel Langley.
| 10 VIM. Is. Sn1tcner.
20 Samuel Lecroy.
2l Jas. b. Nicholson.
% David Fox.
| % Samuel Flitcraft.
The Court made ruling that hereafter
the chairs in the front part of the Court
| House, to the right Of the bar, should
| be reserved especially for petit jurors.
The first case tried was that of Job
Scott VS. Joseph N Reeve. builder aud
owner, E. G. Haines, ct. al. mortgages.
/ The suit was brought to recover $1206 46
for materials furnished for the erection of
dwelling and a creamery building in
| the borough of Elmer. E s. Fogg,
counsel for the defendant, made a mo-
| tion for non suit. First, that tho law
| REQUIRES that book account must be kept
of all materials furnished, which had not
been shown. Second, that the plaintiff
had neglected to show that his mechanics s
lien had been filed in accordance with
1 e.
Scott, stated that the book accou nts
could be furnished if the defendants
demanded them, but as they had put
Mr. Scott on the stand to prove their
lien. he asked that the non-suit be not
granted. The Court refus ID to grant the
non-suit.
The Judges charge to the Jnry was to
the effect that the burden of proof falls
upon the defendants. Sarah Fosters
mortgage was recorded January 4. 1895
| The Court maintained that the me
cbanic's lien of the plaintiff was in
effect on November 90, 1894. the date
on which the contract was entered into;
and in as much as Mrs Fosters mortgage
was dated January 4, 1895. all materials
| furnished or contracted for prior to the
date of the mortgage were the first claim.
| As the evidence showed that certain
alterations had been made to the building
the Court charged that it was for the
| Jury to determine whether the plaintiff
should be allowed the full amount OF his
claim on only for such materials az we're
furnished prior to January 4, 1895 E
s. Fogg, counsel for the defendant,
! Informed the Court that according to an
act passed by the Legislature in March,
| 1895, mechanics lien must be filed
within four months from the date of the
completion of building, aud as the
| plaintiffs claim had not be sn 30 filed he
thought it invalid. The Court ruled on
this point that the act of 1895 did not in
any way affect this suit, as the contract
was made under the old law, which gave
the plaintiff one year to file his claim.
| TIE jury returned verdict of $1041 20
in favor of Mr.. Scott.
| The grand jury completed it's labors on
Wednesday, returning eighteen true
bills, five of them being against one
person-Joseph Giles. for breaking and
entering the store of Joseph Waddlngton,
in Salem, and larceny, to which he plead
guilty. He was sentenced to five years
in State prison.
| All those against whom indictments
had been found were called to plead, as
| follows:
Jas. Nash, better known as "Gypsy
Jim" ind icted for assault and battery,
plead not guilty.
George Wright, assault and battery,
Plead guilty. Sentenced to six months
in county Jail.
Chas. Zane, assault, with intent to
rape, nos guilty.
Sallie Munion, abortion, not guilty.
/ Vatra MpSnavii1 acSanIt apd hattarv
not guilty.
John Pierce, assault and battery. guilty.
Sentenced to fiue Of $5 and costs
Chas. Albert, assault and battery and
atrocious assault not guilty.
Julius Albert, assault aud battery, not
guilty.
John Fry, assault aud battery and re-
sistng an eff Ser, not guilty.
Alberta Ray, charged with larceny.
The pl isoner is but child and the Judge
would not allow her to plead. She will
probably be sent to some reformatory
institution
George G. New lilo, Walter Porch and
Howard Carter, breaking and entering
the store of Firman Wentzeli, at Elmer.
These boys came from Vineland and are
pretty tough characters. Carter was
sent to the Reform School, and the dispo.
sition of the other two il still undeter-
mined.
Appeal cases were heard on Wed nesday,
| tho first case called being that of Ellen
Nickel VS. Frank Trusty. THIS case was
Er.d before d. Harris Smith, Justice,
and the defendant as given Judgment
in the sum Of So % The Court reversed
the decision and gave judgment of "a for
the defendant and liberated Mrs. Nickel
from the costs. W. T. Hillard for
appellant aud E. M. Sickler for appellee.
The case of Abigail Dunn, appellant.
VS. Della H. Paswaters, appellee, an
action for board alleged to be due, was
settled cut of court.
Mayhem Sparks, appellant, VS.. j. 8.
Gibson, appellee, an action for a differ
ence in an unsettled account, tried before
Justice Smith. Decision below affirmed,
and Gibson given $12 49, G. H. Sinnick-
son for appellant and E M. Sickler for
appellee.
VIM Wander, appellant, VS., M NJ
Bennett, appellee. This was an action
appealed from the decision of Justice
Smith, 10 which Judgment was given
to Mr.. Bennett for $56 IA. It grew out
of failure of the parties at issue to reach
settlement of running accounts. Mr..
Bennett produced a due bill for $50
alleged t, have been given him by Mr..
Wander, but which the latter denied.
Judgment below reversed and Judgment
for Wander for $40. j. F. Sinnickson for
appellant and j. W. Acton for appellee.
Thos. Lane, appellant, VS.. Harry E.
Mattson, appellee. This was an action
bought by Mr.. Mattson to recover $109 "a
from Lane for sweet potatoes sold him,
and was appealed from decision of Justice
Wood. The defense claimed that part
of the potatoes received from Mattson
we're sold on commission because they
were not merchantabe article The
Court reversed decision below and gave
Judgment for Mattson for $75 10 G. H.
Sinniokson for appellant and ]. w. Acton
for appellee.
The appeal Of Samuel Armstrong VS..
Logan Tribe of Red Men, of Pedrick.
town, on contract, is to be heard before |
Judge Miller, in Chambers, in Camden.
VIM. White, appellant, VS.. John W.
Hackett. appellee, dispute over the sale |
of moving machine to White, in which |
an order for $5 was given. Judgment |
below confirmed of $5 and costs for |
Hackett. J. W. Acton for White: J. W.
While for Hackett.
A. Mason Green, appellant, VS.. Ethan |
V. Wright, appellee, an appeal to recover
the value of horse. Non-suit entered |
because of failure of party to appear.
The case of Jas. Norton, appellant, VS..
Silas Pedrick, appellee, to recover loss
for burning timber, is to be heard next |
Wednesday.
The circuit case of Robert Hewlings |
VS.. Hiram Proud, occupied the greater |
part of yesterday and last night, the jury
remaining out until after midnight, and |
then were discharged because of failure |