Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1899-10-12


morrow morning at ten o'clock.
| Then came the case which has been
talked about by every horseman in
South Jersey. 1t is one of all sorts of
twists and surprises, and kept the law.
yers in the case busy. keeping the case in
legal bounds. DR.. Kinks interests we're
looked after by Messrs. Hampton &
Fithian and John s Mitchell, ESQ. For.
mer Prosecutor, VIM. A. Logue, was ar
raigned against these lawyers, in Mr..
Williams behalf.
One thing that was established early in
the. case was that DIR. Kirk owned
colt that he took to James vanlier, of
Deerteld for pasturing. This occurred in
the spring Of 1896. In the fall of that year.
Dr. Kirk went to Vanlier's farm for his
colt He says that he found two colts
there, and took one home with him. In
May 1897 he found that he had the wrong
colt, the one he had belonging to a man
named Henry Bishop. Bishop has since
brought suit against DR.. Kirk for his colt
and obtained judgment of 500.
The ecross-examination of DIR. Kirk by
Mr.. 1ogue developed the information
that while DR.. Kirk believes that the colt
ne LOOK from Vanlier's farm is the prop.
erty of Henry Bishop, he has not vet
turned the animal over to that gentleman.
The doctor said that when he took the
colt from the pasture field, it was the best
appearing one of the two. DIR. Kirk de
hied that be told Harry Elbirn that sshe
Knew a good thing when he seen it,,
This remark was alleged to have been
made when Elbirn told DIR. Kirk that he
had taken the wrong animal from Van
lier.
= The colt and the other one was the sole
theme in tho proceedings of court yester-
day. The jury heard nothing but the
Bishop colt and MAUD "" and when
the hour for adjournment came, the iury
had still to hear arguments of counsel
and the charge of the court.
Mr.. Logue, for the defense, put up a
strong case. and it was somewhat original
in many respects. DIR. Kirk, the plaintiff,
claims that "Maud VIZ the fast race mare
of ofto-day. is the same that he took to
Herbert Van'ier in the spring of 1897.
The defense does not deny this claim of
the Fairton physician. Mr.. Logue
admits it. his witnesses admit it. Mr..
Logue, however. depends upon the
action of DR.. Kirk, himself, which will
prevent him from getting possession of
the mare maud W.
Mr.. Logue claims that DIR. Kirk went
to the Nanlier farm in the fall of 1896. and
took colt. That 1t was the Bishop colt
ia ad fnitted hut of thot t;v,a tho ,>hz.;
clan took it because it was the best look
ing animal. In fact Mr.. vanlier claims
that the Doctor told him he would not
take the other colt. 1t was shown that
DR.. Kirk repeatedly boasted that he had
gotten the best of the choosing, and had a
fine Wilkes colt, when he knew his colt
was by Wander" He never made any
attempt to right the mistake until he
found that maud w was developing
into fast race horse, and then he brought
these proceedings. Mr.. Logue claims
that the very act of DIR. Kirk stopped
him from getting the Court to assist him
in recovering horse, which he hsd
permitted, by his own act, to become the
property of Mr.. Vanlier.
Beginning at half past nine o'clock this
morning. Justic Ludlow started off the
business of the Court. The Kirk-Wil
liams horse case was still before the
court. the testimony having been closed
yesterday afternoon.
This morning the argument of Counsel
and charge of the Judge were concluded,
and the matter went before the Jury.
John s. Mitchell. Esq, for the plain
tiff, opened the case very fully. He
quoted from various legal authorities
supporting his position, and attempting
to impress upon the jury the righteous
ness of DR.. Kinks claim.
For the defense, Mr.. Logue addressed
the jury briefly. He held to the PROPOSE
ton that DR.. Kirk took colt, whether il
was his or not, could not be clearly estab-
lished. But if DIR. Kirk took the wrong
colt, thus far he has not yet attempted to
return the colt to Mr.. vanlier, and Ger.
tainly until he does not, he cannot claim
the other animal. Mr.. Logue claimed
that DR.. Kirk never acted in good faith in
matter. He personally selected the colt
he secured, and it was we'll established
that at the time of the selection he took
the best colt. The subsequent action OF
DIR. Kirk indicated that he thought he.
had the best of the deal, and did no
change his mind until the development
of great speed in MAUD ""
Mr.. Mitchell then concluded the argu-
ment. presenting the summoning up for
the plaintiff. He held that the mare
"Maud "" Was the property of DIR. Kirk
and that as soon as he found this out to
be fact. he had taken steps to obtain her
Judge Ludlow made short charge to
the jury. and sent the gentlemen out to
makeup q verdict. e
The first criminal case will be that of
the State against William Polhamus, in.
dicted for stealing big chain from the |
ship yard of the Russell estate. The suit |
will be taken up Immediately after |
dinner.