The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-01-19
DEAD AS
DEFENDANT
Judge Blair Refuses to
Resurrect the Famous
Vegetable Case.
NO MORE "FRlYOLOUS MOTIONS"
And Lawyer Leonard Gets
His Car Fare and Costs
of Court.

The famous Rosenberg Carroll vegetable
damage suit. which has been dragging
through the courts of Hoboken and the
county, came to final end in the Com
mon Pleas Court yesterday afternoon.
When a verdict of $25 for the plaintiff
was returned few weeks ago everybody
thought the end had come and this be-
lief was further enhanced when short
time ago, the belligerent defendant, Ann
Carroll, lost her life by being run over
by railroad train.
But the fond hopes of the court were
doomed to bitter disappointment when
Lawyer Leonard announced that he had
a motion to make or something to say in
the Rosenberg Carroll case. The Court
glanced nervously al the clock on the wall
and then appealingly at the Hoboken
lawyer, who had expended so much legal
oratory on the case during its long pro-
gress through the courts.
Fitting through Judge Blair's mind
must have been recollections of the long
and painful hours he had spent listening
to une story of how Max and Celia Rosen-
berg. while running grocery store in a
house owned by Ann Carroll in the
meadow district of Hoboken, had been at
she had seized their stock of squashes
and pumpkins and hurled them one by
one at her tenants heads because Mr..
Rosenberg had had the temerity to refuse
kiss rendered by Mrs Carroll. and finally
.how the latter had pulled Mrs. Rosen-
berg's hair, making her sick for several
weeks
He must also have remembered the flood
II
when he told how Mrs Carroll, when
she should have been in court de-
Tending her suit, was parading the streets
of Hoboken with "a St. Patrick's day
badge on her breast. although she had for
warded to the court a physicians certifi-
cate of her illness as an excuse for her
absence.
Not the least memorable to the Court
must have been the war of words be-
tween counsel; their bitter attacks on
each other, and Lawyer Leonards pug
nacious assertion that he could lick a
whole field full of Wellers.Y
Was il a wonder then that the Court
booked askance when Lawyer Leonard
started to read notice signed by Law
yafs Weller and Lichenstein, in which ne
was cited to appear in the Count OF
CoasInon Pleas on February 16 and show
cause why the Judgment of SIS hereto
fore returned against Ann Carroll should
not be set aside on the grounds that il
Gid not apportion the amount either
plaintIf was to receive. Was it a wonder
either that Lawyer Leonard waxed
wrolh at finding thar the famous legal
battle instead of just ending had only just
begun. He had consented te accept for
his clients paltry $25 when a jury in the
Hoboken District Court had previously
returned one fixing $l0O as the amount of
damages inflicted ON the heads of the
Rosenbergs, their. squashes and pump
kins.
is MIR. Weller in court?' asked Judge
Blair wnen Lawyer Leonard had finished
reading the paper.
Il saw MIN here but he has sneaked
away as the Arab folds his tent and de-
parts in the night" replied the plaintiffs
lawyer.
I thought this case was ended, re-
marked the Court with a sign.
Il thought so, 100: thought it had all
been tllreshed out replied MI Leonard.
We'll ali 1 can say is that the case is
as dead as the defendant SO far as this
Court is concerned" There was a LOOK
of determination of Judge Blair's eye as
he closed his lips tightly after this ulti-
matum
But if the opposing counsel comes here
with other frivolous motions?
II will hear no more motions in the
case" answered the court.
How about my costs, such as car fare,
In being brought up here to answer this
paper?" inquired the lawyer
1.-THE court will allow the cost of car
fare, replied Judge Blair.
Lawyer Leonard then made lengthy
address telling of the obstacles in the
shape of frivolous motions by the de-
fendant's counsel with which he had to
contend during the long journey of the
case.
'1f Mr. Weller again comes into court
he win be made to know that his motions
are frivolous" was the assuring reply of
the court as he breathed a sigh of re-
lief.
Thus ended the famous Rosenberg-car-
rell vegetable suit.
EXAGGERATED REPORTS.