The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1900-11-20

On Tuesday Judges Nixon and Gaskil
were both at court to try some cases which
were on the list. The first was civil
case, but when it was called the lawyers
decided to let it go over until the mex
term
The case before Judge Gaskill was an
appeal, in which the executors of Nathan
iel M. Dudley sued James Casey to recov-
er the value of crop of rye. The claim
was that when the farm on which the rye
was growing was sold to Casey, the rye
was the property of one johnson, the ten
ant. The plaintiffs claimed that Casey
knew this, but the latter insists there was
no reservation in the matter. The case
was not decided.
On Wednesday jury was empanelled
to try the suit of Frederick Brosel against
James H. Birch. The defendant is the
well-known carriage manufacturer of Bur-
lington. He owns a row of houses at
Broad and Washington streets, Burling-
ton in front of which was board walk
to the latter city, and while walking in
front of the houses she tripped on de-
fective board and fell, painful sprain on
the ankle being the result. She was con-
veyed to her home in carriage and her
ankle was put in plaster of paris Frank
lin G. Woolman conducted the case for
the plaintiff.
For the defence Howard Flanders and
Judge Hendrickson appeared. They pro-
posed to prove that the sidewalk was not
in such bad condition as represented, and
in any event bad places could have been
avoided as the locality was lighted by two
arc lights. The defence claimed the
plaintiff was intoxicated at the time of the
accident, and called several witnesses to
show she had several drinks before falling
on the boardwalk.
The evidence was all in by the time for
the afternoon session to close on Thurs
day, and Judge Nixon charged the jury,
and then, by consent of counsel, the jury
was allowed to go home until Friday
morning.
On Saturday the contest over the will of
Joshua s. Evans, deceased, of Moores-
town, was begun. Israel Roberts and
Judge Carrow appeared for the executors,
Samuel A. Atkinson and Mark R. Sooy
representing the caveators.
The testimony of the two subscribing
witnesses was given. They were Edmund
Darnell and Israel Roberts, and in their
Judgment deceased was perfectly compe
tent to make will
At the conclusion of this evidence both
sides announced their inability to go any
further with the case. Mr.. Sooy said the
daughter of deceased lives in Iowa and it
is desired to get her deposition, as well as
that of the widow, who is too feeble to at
tend court. There are some letters, too,
which Mr.. Sooy wishes to examine but
has not yet been able to get hold of. The
case was postponed.
In the matter of remonstrances to the
application for license to keep hotels at
New Gretna, Judge Gaskill said he would
refuse both applications He was of the
opinion, however, that a good hotel is nee
essary at the place, and the Lamson prop
erty seems to be the best adapted to the
business. He expressed willingness to
consider an application from some one
qualified to keep an orderly house
The jury in the suit against James H.
Birch retired on Friday morning and
remained out until Saturday noon, when
it announced its inability to agree and
was discharged.