The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1899-10-24

dered the Sheriff to draw jury to hear
the case of Lucille G.. Cox VS. Charles Ii.
Devinney, after which the parties inter
ested went up stairs where the issue was
tried. 1t was an ejectment suit to lecov-
er possession of a piece of property at
Juliustown, which formerly belonged to
Elwood Mount. and against whom Mrs.
Cox had secured judgment for about $3.50.
Mount sold the place to Devinney about
that time, but there was neglect in plac-
ing the deed on record. 1t was dated
March l, 1898, and was not acknowledged
until April 2. 1t was recorded in july.
The defence claimed that notice lad been
given plaintiff that Devinney was in pos
session of the lot, and that he had plant
ed potatoes there, but it was alleged that
this work only began on the day when the
judgment was entered. The jury found
in favor Of the plaintiff Jerome B. Grigg
represented the plaintiff, and Clarence T.
Atkinson the defence.
Judge Gaskill held court down stairs.
and the first case tried was that of Robert
W. Barclay, who was charged with as
saulting his uncle, Charles Schaffer, of
Burlington. Major Franklin C. Wool
man represented the defendant.
The parties to this suit were living to-
gether and farming place on shares on
the Jacksonville road. In their employ
was man by the name of Richard Grei-
ner. He is quite deaf and could hear
nothing that was said during the trouble,
which arose over weeds in the straw berry
patch.
Charles Schaffer said the row occurred
on June 20 when he was accused of ne
glecting the weeds in the berry patch He
refused to go away when ordered to do
so, and Barclay struck him with his fist
lie was also hit on the head with hoe
and cut on the hand. After witness had
been assaulted he thought he would take
hand, and running to a shed near by he
secured rake and about evened up the
punishment on his adversary. Then he
went to Burlington and had warrant is
sued for Barclays arrest. He had trouble
on previous occasions with Barclay, but
denied having made threats against either
him or his family. Witness had moved
his goods away from the house on the day
of the fight, which occurred late in the
afternoon.
Richard Greiner was present and said
Barclay struck the first blow. The lat
ter's wife tried to separate the men, but
Schaffer managed to get in a blow on
her husband, after which he got the rake
but did not use it, only shook it. Greiner
finally restored order. Schaffer spoke
about going on the place with gun if it
became necessary.
Robert w. Barclay said Schaffer was
there pursuant to an agreement to pay
part of the expense. The trouble occurred
while Greiner was showing him how to
clean the strawberry bed. Schaffer want
ed to take him away. Charlie, remark
ed the witness, II don't see what's the
matter with you. l you were true man
would not have to do this. If you don t
get your share it is your fault. After
much provocation / struck him but l
don't know where. have brought a
counter suit against him for assault and
for robbing me by selling my truck"
Eliza Barclay, wife of the defendant,
was in the kitchen at the time. Upon ar
riYing at the berry patch she saw Schaffer
strike her husband on the nose with his
hand and call him all sorts of names.
Then Schaffer grabbed the rake from my
| child and struck my husband on the head,
besides cutting his finger She told the
plaintiff that he had better go off the
place as they had allowed him to remove
his goods that day.
Horace Churchman, John Church and
Postmaster Hays testified to the defend
ants good character.
The jury rendered verdict of not
guilty.
The next case was that of Samuel B.
Anderson and Emil Emelick, of Bass
River, against whom there were five in
dictments for stealing chickens and re,
ceiving stolen goods Retainers were
lodged against the prisoners by the au.
thorities of Atlantic county in case they
were acquitted, as they are wanted there,
| The Indictment taken up was that charg-
ing them with stealing rs chickens from
| Mrs. Elizabeth B. French on September
II. The defendants were represented by
Jacob G. Hendrickson.
| The first and most important witness
was a small boy named William Francis
Morey, an orphan, about eight years OF
age. When the crime was committed ht
was living with the defendant, but since
that time he has been residing with the
plaintiff
| 1t was stated that there were six per
sons implicated in this job, namely: S. B
Anderson, his wife, Emil Emelick, thei
hired man, the boy, Mrs. Dodd and Dal
Henry, known as 'Zack."
William was placed on chair directl,
in front Of the jury. His testimony wa
substantially as follows: 81 live with Mrs
French. When l went to Anderson's t.
live, lack, Mrs. Dodd and the Dutchmal
also resided there. l went along whel
Mrs. French's chickens were stolen be
cause they whipped me and made me &C
and l went at other times, as they threat
ened to kill me if | refused. The Who'll
crowd went to Mrs. French's place in
large carriage with two seats in it. TIL
horse was left under tree in the road
! Mrs. Dodd remained there and receive
the chickens as the party carried ther
across the field, and l carried some, too
1t rained that night. The next night W
went to Atlantic City and sold the chick
ems to Risley Barlow We stopped {
Port Republic on the way home to feeC
and man there allowed Anderson to pu
his wagon under shed. While thel
Anderson stole a whip from a Wagon
Mrs. Anderson often whipped me with
carriage whip. She put pins in my foot
and vomitsd two of them afterward.
The boys story was not shaken on eros
| examination.
} Elizabeth French then described h,
loss, and told of the tracks in the fielt
saying that they were those of three mel
3 woman and boy Anderson, she SAT-
when before Justice Sullivan, denied ha'
ing been at Port Republic, but afterward
admitted it. She said that when the be
( was taken in by her he became quite
and said he had vomited two pins, whiC
he claimed to have eaten in some chickt
! potpie at Anderson's.
Alfred NJ. Sullivan, a Justice of IL
n Peace, who issued a search warrant {
complaint of Mrs. French, and also wa
rants for the whole gang, said the defen
ants were brought before him by Const
lble II. E. French. At the hearing Ande