Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-06-16
courfa.

Au0 Siiai vi lnulctmentS was begun last
Thursday, with the following result
c. A. Davis entered plea of non yult to
the charge of illegal sale of liquor, and
fine of $25 and costs was imposed.
Curtis A. Carr, former agent here
of the Union News Company, under indict-
ment for embezzlement, was acquitted by
the jury. Mr.. Avis, young attorney, was
his counsel.
The indictment against Wilson Fitz-
gerald, Jr., alleging malicious mischief was
sustained by the Jury, and Judge Jessup,
after severe reptemand, suspended SEN
tence.
Edward Crowley, colored, was convicted
of assault and battery on Woodbury.
officers, and sentenced to term of sixty
days in the county Jail.
On Wednesday morning after Judge
Jessup had imposed sentence of confine-
ment in the State Prison at hard labor for
term of two years on Samuel jackson
colored, for assault on the Woodbury.
officers, the case of ]. A. BAllenger vs.. the
Glassboro National Bank was moved.
Roberts and Swackhamer for the plaintiff
and ex-Judge Pancoast and S. S. Iszard fol-
the defendant.
The suit is brought to recover $429O OF
which Ballenger has paid in principal and
interest on notes given by him to cover
an alleged overdraft in his bank account
His allegation is that the bank fraudently
stated his account, and secured the notes
through Misrepresentation.
J. A. Ballenger was the first witness
called and testified that he began doing
business with said bank in 1890 and con-
tinued up to the bringing of this suit.
Mr.. Ballenger testified that Mr.. Dilks, a
clerk in the bank first informed him of his
shortage on Feb. S, '96, when Dilkes told him
his account was overdrawn enough to ruin
them both. That next day he went
to the bank and was informed by Cashier
Emmil that it was true that his account
was overdrawn, but he could not then give
him the exact amount, but would soon
On Feb. % he went to the bank, and was
informed that his shortage was $13,5OO,
and the proposition was made to him to
give two notes of $1,000 each secure d by
bond, and one note for $500. In this
way the overdiaft was settled. He was
promised that if in the future anything
was found wrong in the account, it would
be righted. He testified that his bank
book was in his possession only once in
four years; asked for it repeatedly, and
was always put off; never had a check
protested until Feb S, the day he received
notice that his account was overdrawn.
On cross-examination by Mr.. Pancoast,
Mr.. Ballenger testified that he had no idea
his account was overdrawn, and did not
think SO when informed by Mr.. Dilks ;
said his business was always profitable and
he had never invested outside. The first
time went to bank Emmil showed me the
books with figures in lead pencil and said
it was shame how Dilks had done us.
Never heard until Feb 26 that my over
draft was $13,5OO; had paid the $500
off.
Mrs. J. A. Ballenger testified to sending
money to bank by Dilks to asking him
for their bank book but not getting it;
made request to director Elkinton in 1894
and received the book; it showed balance
of $1,000; the book has not since been in
their possession. THE statement as to bal
ance was ruled out. as the books were the
best evidence.
Soon after the afternoon recess the
plaintiff rested, and Mr. Pancoast made a
motion for n0n-suit and asked for verdict
for the plaintiff, which, after argument, was
refused, and the long and tedious labor Of
going over the bank books, item by item,
to prove their accuracy was begun. II
is estimated that the trial will occupy a
week or ten days.