Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1897-06-03
OUR COUNTY COURTS.
LICENSES.

"intelliyent itor" made us say tha
the appiica ton Of john Jachor, Jr. was re
monstrated against and that Of Charles E
VonStege was granted. John Rachor Jrs
ap plication was granted, and remonstranc'
was made to both John Rachor Sr.'s ant
that of Charles E. VonStege.
o. Saturday last the applications of thu
Lincoln Park Steamboat Company, J. N
Thompson, and John Hoffman,, wer'
granted.
Next Monday the remonstrarts against
the applications of John Rachor, ST., Cbas
E. VonStege, Stacey S. Lewis, and Nicols
Pasquale will be heard.
CIRCUIT COURT CASES.
Before Judge Miller last Thursday, the
suit of Internal Revenue Collector james
Butcher VS.. Robert Ramsey was heard The
action was one in which the plaintiff
purchased horse and loaned it TO Ramsey
who was tenant on the plaintiffs farm
Subsequently, when the plaintiff demanded
possession af the animal, Ramsey refused ia
give the steed up, claiming that he had
paid for the animal through labor perform
ell. Mr.. Butcher then secured possession Of
the horse on a writ of replevin, and RAM
sey entered cross-action and re-plevined
the animal, hence the issue in the Circuit
Court. The jury rendered verdict in
favor of the plaintiff for $40. Prosecutor
Acton for plaintiff. J. ]. Summerill for
defendant.
The case of Martha Swope VS.. William
Stevenson involving the title of plot OF
ground. upon which mari pits are located
and from which the defendant Stevenson
hauls mari, was moved, and, after taking
testimony TOR two hours, Court adjourned
until yesterday. The disputed property is
claimed by both sides. The plaintiff, who
holds the deeds to lands situated there
abouts, asks damage for trespass. Clymer
for Swope, Summerill for Stevenson. Argu-
ment is being made by Counsel as we go
to press.
THE INDICTMENTS.
Lawyer Watkins, counsel for Antoine
Pasquale, against whom the last Grand
Jury had found three indictments growing
out of the sale of liquor in Franklin town.
ship, on the assembling of the Court on
Tuesday morning, made motion to quash
the said indictments on the ground that
three members of the late Grand Jury were
disqualified TO serve as such, on account Of
age, to-wit: John G. Bndd, Chas B. Leon
ard, of West Dsptford, aud John V. Culver,
of Woodbury., hence the findings of Grand
Jury were illegal. A citizen TO be eligible
to Grand Jury duty, he said, must be a
citizen OF the State, a resident of the county
and between the ages of n and IS years
A Grand Jury otherwise constituted he
argued, is one that the law does not rec
ognize, and the principle that Grand
Jury must be legally constituted. has never
been overruled. This question he said was
one for this court TO settle, because by no
rule of law could it be raised in the
Supreme Court on an appeal from this
court. Mr. Watkins produced all the cases
of similar character that have been raised in
this State and made logical and eloquent
sustaining his motion.
John G. Budd was then called and testi-
fed that he was IS years of age on the 25tb
of last October Chas. B Leonard testified
that he was 81 years of age, and Mr.. John
V. Culver that he was 20 years old on the
4th of last January.
Lawyer Moore said he represented Chris
TOPPER Columbus St. John, and moved that
the indictment wherein his client was
charged with assault, be qnashed.
Il is no reflection on the Sheriff, but it
is fact, he said, that an illegal Grand Jury
was summoned.
Ex-Judge Clymer made like motion in
the cases of several defendants whom he
and continuing quoted freely
from decisions, and dwelt especially on a
decision by the late Justice Beasley which
he insisted applied to this case. But, he
said, if there were no decisions as guide
on this point, the duty of the Court would
be plain, because if it be held that an IL
legal Grand Jury can perform the mission
of the law, then is the law and the barriers
by it which guarantee to the
citizen liberty and the pursuit of happiness
a farce.
Prosecutor Starr said that he entered op-
position to the various motions to qnash
the indictments with good deal of diff
dence. He claimed that the matter was
one wholly in the good discretion of the
Judge. The point made was not legal
disqualification after the juror had been
sworn or affirmed, but simply constituted a
right to challenge. 1t was not legal right
that the defendants can set upon motion
to quash.
Mr.. Watkins said in closing. that under
the argument of the Prosecutor, had the
Sheriff summoned twenty -four men from
Philadelphia. as Grand Juors, those in
dictments should hold and be valid.
TUESDAY AFTERNOON.
In making his decision on the motions to
quash indictments, Judge Jessup said. al
the opening OF the afternoon session that nc
man has higher reverence for the Consti
tuition and laws of the State then himself
The duty of protecting the legal rights o.
citizens devolves on the Court. The
matter of quashing an Indictment
rested with the sound discretion o.
the court, and in exercising tba
sound discretion he would not jeopardiss
the legal or constitutional .rights of any
citizen. In this case it is not essential "a
the interests and rights Of fair trial to have
the motion refused and the indictments
stand. He therefore refused the motion
Messrs. Watkins, Clymer and Moore asked
for exceptions to the ruling, which WERE
noted.
Curio, Gagalone and Pasquale, who Mr.
Watkins represented, then changed thei
pleas from not guilty to non vaB condere.
The indictments against Bachman ant
Douglass were then moved, ex.Judge ely
mer for defendants, and Starr for State.