The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1899-05-05
MAY TERM
OPENED
Charge to the Grand Jury by
Chief Justice Magic.

Crowd in Attendance on Opening
Day of the Morris County Courts
Argument Heard in Two interest
ing Appeal Cases - The Grand
Jurors and List of Causes to be
Tried-Licenses Granted.
Notwithstanding the sultriness of the
day the court room was crowded on Mon
day morning for the opening of the May
term of the Morris County Courts Chief
Justice Magic made the usual charge to
the Grand Jury, which was formal in ma
ture, nothing in the way of special evil
dence being rumored.
The members of the Grand Jury who
responded to their names and were sworn
In, are: Elias B. Mott, foreman, Rock
away; James G. Carter, Boonton; Marcus
B. Crane and Merritt B. Lum, Chatham;
William E. Coils, Chester; George w.
Bates and Harry NJ Ball, Hanover;
William Coble, jefferson; Henry nj. Dal-
rymple and John N. Conkling, Morris;
George S. Beavers, Mendham; Thomas
Starkey, Montville; Caleb Ell. Howell,
Mount Olive; jeremiah Hayden, Passaic;
Henry w. Haycock, George Mann and
Jacob q. Budd, Pequannoc; William
Gill, Rockaway; Charles A. Baker, Rox-
bury; Charles Quimby and Charles b.
Hendershot, Washington.
The constables selected by Sheriff Dur
ling are Mahlon Hiler for Boonton;
Maltby Pierson, Hanover John Chap
man. Chester Mendham and Washing
ton; Amady High, Chatham and Passaic;
John Wood, jefferson and Randolph;
John w. Babbitt, Morris; George W.
Kanouse, Montville; Francis G. Cook,
Pequannoc; Daniel Morgan, Rockaway;
James E. Chambers, Roxbury; William
A. Applegate, Mt. Olive.
Considerable interest attached to the
appeal case of the New York and New
Jersey Telephone Company vs.. Grace b.
Nichols ct ais. John B. Vreeland and
George T. Werts were counsel for the
appellants and Stephen FL. Little repre-
sented the appellees. Testimony heard
in the case showed that the Telephone
Company had erected poles, without first
condemning the land or giving just COM
pensation, on the Lake Grove property,
near Speedwell Lake, which was to be
sold for building lots. The Telephone
Company was served with notice to re-
move the poles, but got an injunction to
restrain the appellees, which, on answer,
was dissolved. In the meantime con-
demnation proceedings were begun and
commissioners made an award. The ap-
pellants appealed, but the right to appeal
was questioned by counsel for the ap-
pellees' on the grounds that insufficient
notice of appeal had been given.
About a year ago Justice Magic allow
ed the appeal, but at the same time grant
ed the appellees a certoriari to the Su-
preme Court, where the question was
argued and decided in favor of the Tele-
phone Company. The Court of Errors
and Appeals reversed the decision of the
Supreme Court, however, holding that
the statute under which the appellees
made claim was applicable to the case.
The case was therefore on Tuesday be-
fore Justice Magic on appeal from the
commissioners.
The Telephone Company had, after the
award, removed the poles and put their
wires under ground. On the trial of ap-
peal, counsel for the Lake Grove property
owners moved for dismissal on apparent
ly the same grounds as were noted at the
previous session.
Mr.. Little held that, under the de-
cision of the Court of Errors aud APP
peals, certiorari granted was not proper
procedure to determine the question,
but that it should be determined at the
circuit and at the trial a writ of error
taken. Chief Justice Magic allowed trial
of appeal, but granted the writ of error
to Mr. Little.
A struck jury was summoned on
Tuesday morning and adjournment was
taken to p. M, when the jurors, accom-
panied by two showers, visited the prem
ises for view.
After being out about an hour on
Wednesday morning the jury returned a
verdict of $4,000 for the Lake Grove
property owners. The award of the COM
missioners was only 81 900.
Justice Magic heard argument also on
Tuesday on demur in the case of the
Magnolia Metal Company VS.. Adolph
Goldmark. The latter had attached the
property of the company. The company
appeared and filed bond and plea deny
ing the jurisdiction of the court on the
ground that the concern was not cor
poration of the State of New Jersey and
had no offices here, but that it was a cor
poration of West Virginia and under the
charter could sue, and be sued, only in
that State. The original suit was for re-
covery of certain royalties on metals
made by the Magnolia Company. The
case was twice decided against Gold
mark in foreign courts, once in New
York and in England In the latter in
stance he was obliged to pay costs
amounting to $780,
Chief Justice Magic took papers and
reserved decision. The Magnolia Co. was
represented by George T. Werts, while
Goldmark's counsel was Philemon Wood
ruff.
A complete list of causes for trial in
the Supreme and Circuit Courts follows:
Supreme Court.
Bernard Martin vs., John II. Rosevear. In
ejectment. Counsel, w. w. Cutler and E. A.
Quayle Ready.
ejectment. Counsel w. w. Cutler and Elmer
King. Not to be called before Tuesday. May 8.
julius Klugman and Herman Goldford. part
ners trading as Klugman 81 Goldford, vs..
Samuel Brant. On contract. Counsel, Henry
H. Freling and Frank M McDermott.
Andrew j. Slingerland VS.. East Jersey
Water Co. In tort; Counsel, Riker q Riker
Passed
Andrew j. Slingerland VS.. Thomas A. GILES
pie ct ais. In tort Counsel, Riker q Riker
and Coult e. Howell. Passed.
Charles Castle vs. Julia Lang and William
Lang In tort. Counsel, E. A. Quayle and
Reed & Coddington. Not to be called before
John n Baird va. Oscar M. Condit In tort.