Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1900-01-18
TueedaV Morning


Judge Trenchard was upon the bench at
halt past nine O'Clock. The argument
upon the motion tor new trial for VIM.
Polhamus had been set down for that
hour. Polhamus. it will be remem bered,
had been convicted last week by Jury
charging him with grand larceny. Mr..
lredell, one of his counsel, made a mo-
tion for new trial, and the time for the
hearing of the argument, was fixed for
this morning at the hour named. Wal
ter H. Bacon and Samuel Iredell an
peared for the defendant, and Prosecutor
F1thian was present to look after the in.
terests of the state.
Mr.. Bacon based his application for a
new trial upon two grounds. First, the
misconduct of the jury, and second, mis-
conduct upon the part of the Prosecutor.
Mr.. Bacon presented an affidavit, alleg-
ing that after the jury retired, the Jury
asked for reading or magnifying glass
to examine a receipt which had been
offered in evidence. The Constable re-
ported this request to the Prosecutor and
he ordered the Constable to procure one,
which was done. All this was without
the knowledge of the court.
Again Mr.. Bacon claimed that the
Prosecutor had made improper remarks
to the jury. In closing. the Prosecutor
remarked, IAN honest confession is good
! for the SOUL" and then went on to explain
that the failure to rebut the testimony of
the defense regarding the signature of the
late John Russel, was his own fault. If
he had thought to do this, he could have
shown that the receipt was not genuine
Judge Trenchard suggested that the
Prosecutor had not made this entire
remark. He did not think that the State
Attorney had gone so far as to make
himself Objectionable.
Prosecutor Fithian did not think that
any misconduct on the part of the jury
had prejudiced the case against the de.
| fendant.
Judge Trenchard said he would give a
decision either this afternoon at two
O'Clock or in the morning at ten O'clock.
| Court was then opened as usual, and
George H. Hampton and Walter H. Bacon
appeared to argue Common Pleas
motion.
| Did Robert Mingin hire horse and
buggy from A. M. Tomlin's livery, back
in October 22d, 1898, taking the rig up in
Burlington County. and sell it? That's
the question jury was called upon to
determine this morning.
Robert Mingin was brought in from
Jail and took seat by his counsel, Rex
A. Donnelly, the lawyer.
| Smith Tomlin gave the first bit of
information furnished by the state He
said that somebody hired horse and
buggy from his hostler upon the date
mentioned. Later Tomlin found the
buggy up in Green Bank, Burlington
county, where it was in the possession of
/ Robert Ford. The horse has never been
| found.
Robert Ford came down from Green
Bank, Burlington county, to connect
Mingin with the case. He said that Min
gin came to him on the 23d day of Octo
Der, 1898 and wanted to sell him a horse
and buggy. The mare tailed as described
by Mr.. Tomlin. Mr.. Ford said that he
bought the buggy, giving Mingin $11. 80
and a hound dog for it. A receipt was
produced, signed by John Mingin, show
ing the sale of the rig. The horse, Ford
declares, died shortly after it came there.
Tomlin came up to Green Bank and
identified the buggy and took it away
with him.
Hannah Tullis was the connecting
link which made things look dark for
Mingin. The defendant, it is claimed,
hired the horse of hostler, who cannot
be found now. Mrs. Tullis was across
the street from the stable when Mingin
hired the horse. She knew that Mingiu
was the man who hired the horse for she
saw him bargain with the hostler and
then drove off with the team. She said
she could not possibly be mistaken.
That is the States case.
Tuesday Afternoon.
The sum total of the days work in
court was the trial of two defendants, and
prompt conviction of each. One was
John Mingin, for horse stealing, and the
second, Gus Leverone, charged with the
illegal sale of liquor
Court is rapidly losing its interest for
the average spectator, and the room was
but partially filled during the time court
was in session this afternoon, The off,
cials are getting weary, and most people
will be glad when the term is concluded
With this mornings adjournment came
came the conclusion of the States case, in
the Mingin Indictment. Lawyer Dom
nelly thought that the horse being hired
in this county, and alleged to have been
sold in another. was a matter that this
court had no jurisdiction over. If Mingin
did sellthe horse in Burlington county,
then the crime was committed in Bur-
lington county. Judge Trenchard did
not agree with his former law student,
and the defense continued.
Robert Mingin, charged with selling a
hired horse of A. M. Tomlin, told his
own story in his defense. He said that
at the time of the taking of the Tomlin
| horse, he was in Spring Citv Pa work