Bridgeton pioneer., 1899-05-04

low appeared upon the bench. Judge
Trenchard did not put in an appearance
for some moments after the session
began.
justice Ludlow interviewed Judge
Trenchard as to when he would want the
jury returned, and being informed Tues.
day, the jurors were discharged until
that time.
The Evans-Rsndolph case was then
continued.
Mr.. Logue, for Mrs. Evans, introdu duced
some evidence in rebuttal. He desired
to place Mrs. Evans upon the stand, and
explain how the receipt was given War
rem Sheppard. Mr.. Bacon objected to
the swearing of Mrs. Evans upon the
same grounds as yesterday, and Judge
Ludlow sustained the objection.
Joseph Sharp, dentist, was called, and
said that on the 10Th of January, 1898, he
attended Mrs. Evans at her home pro
fessionally, and when he left her Mrs.
Evans was in nervous condition, and
seemed to be quite run down. Mr..
II.
Sharp that Mrs. Evans was not capa BILE
of doing business on this day, but this
was not admitted.
Mr.. Bacon ask ed in cross-examination,
"are you physician or dentist? ?"
Dentist" replied Mr.. Sharp.
"Thaps ALL" said MIR. Bacon.
Edna Evans testified that Warren Shep-
rH 10, e.
after DR.. Sharp left, and wanted Mrs.
Evans to sign receipt for services rem
dered. Mrs. Evans told Mr.. Sheppard
that she was very nervous and not in fit
condition to do business. Mr.. Sheppard
urged settlement and Edna witnessed
Mr.. Sheppard paying her $25, and Mrs.
Evans signed paper. Edna heard her
mother ask Mr.. Sheppard if that was all
she would get, and he answered mo,
present your bill and you will be paid. 1
will see to it,"
This ended the testimony and Mr.,
Bacon made formal motion to have the
court direct the jury to return verdict
that the claim presented by Mrs. Evans
had been receipted in full, and the re-
ceipt given in this case was unimpeached.
Judge Ludlow directed the stenogra-
pher to read him some of the evidence.
and then over-ruled the motion. An ex-
ception was taken by the defense.
Mr.. Logue made an opening in the case
propounding the law upon which he
based his case, explaining various au-
thorties which he claimed supported his
contention.
Mr.. Bacon followed with review of
the case and made a specious plea He
explained that Mrs. Randolph being a
lunitic, he was embarrassed i'm obtaining
evidence, but there were some very posi-
tive testimony for the defense which
could not be shaken by cross-examina-
ton or other testimony, this was the re-
ceipts that were before the jury. There
receipts were important and conclusive.
Mrs. Randolph had been a careful bust.
ness woman, and Mrs. Evans signed
these receipts and they were in full up to
date. The testimony of Cashier Frank
Riley showed that Mrs. Evans got her
money all through 1897 by checks,
from Mrs. Randolph. He urged tha. if
Mrs. Evans made poor bargain with
Mrs. Randolph she was to blame, for she
did not have to do the job, but she was
paid as shown by the checks and receipts.
The final receipt was dwelled upon at
length, and it seemed to Mr.. Bacon was
conclusive. He showed that Mrs. Evans
was careful, shrewd, business woman
and she did not sign her name to any old
piece of paper that anybody put before
her.
Mr.. Logue followed and felt conclu-
sively that his cause was just. He said
that he did not base his case upon any
contract. Mrs. Randolph was unable to
make any. Here was the old lady left to
the tender mercies of the neighbors and
Mrs. Evans was the only one who could
or would give her the proper care for a
person in her condition. Offensive and
difficult as had been the work Mrs
Evans had, alone and unaided, cared for
the old woman and she was entitled to
pay, and reasonable compensation he
believed the jury would allow. The
Court charged the jury and the panel re-
tired.
Some common business followed and
Court adjourned for the week.