The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1902-02-07
MORRIS COUNTY COURTS.
Trial of Indictments VIII Begin
Tuesday.

We're taken up ON Monday mornlng,
the first case subject to call was that
Of Luther Wack, plaintiff and appel
lee VS. Lemuel Neighbor. defendant
and appellant. with J. j. Cutler for
the former and James H. Neighbour
for the latter. Tie appellant was not
ready to go to trial because of the
absence of a material witness whose
presence he had been unable to pro-
cnre, and Mr. Neighbour asked that
the case go off for tie term; this mo-
ton was opposed by Mr.. Cutler of
counsel for the appellee, and the spar
ring match which ensned caused more
merriment than anything happening
in the court house since the time
when ex- Gov. Werts was in his pal
miest days. Tie action was originally
brought by Mr.. Wack to recover the
penalty Of $1,000 provided for by sta
tute against any one who interftrss IS
with the impounding of estrays. The
statute provides that the action must
be brought in debt, but it was brought
in tort; however. below, when the
defect was pointed out counsel moved
to amend ~ making it an action on
contract, but the Justice refused to
allow such an amendment. Judge
Vreeland over-ruled Mr.. Neighbours s
motion to have the case go off for the
term, and then jury was impanelled
to try the issue. Mr.. Cutler tEen
opene l his case, and had proceeded
as far as stating that it was action in
tort brought under certain section
Of the statute. naming it, His oppon-
ent turned to the section and soon saw
that the action must be in debt,
which he called to the attention of
the court. Mr.. Cutler at once moved
TO amend. and this was argued at
length, while the lawyers present and
not engaged in the case indulged
their risibilities. Finally, after oc-
cupying more than two hours Of the
time of the court. Judge Vreeland al
lowed Mr.. Cutler to amend his plead
ing up0n terms--that is, provided he
would consent to the case being set
down for day later in the term; SO
both sides were victorious.
The next case taken mp was that of
Alvah D. Lake, plaintiff and appel
liant, VS.. Bernard O,Connell. defen-
dant and appellee, with Eugene ].
Cooper for the plaintiff and Richard
Fitzherbert for the appellee. The ac-
tion was brought to recover the statu-
tory penalty for hunting on lands on
which notices forbidding trespassing
were posted, and the jury returned a
verdict of not guilty.
On Tuesday morning Judge vree-
land announced verdict of no cause
of action in the court appeal Joseph
Konnor. plaintiff and appellee, VS..
Durward Tomkins. defendant and np-
pellant. Irving e, Salmon for the
plaintiff and Newton s. Kitchellg for
the defendant.
Number seven on the list. Peter
Ruglio, plaintiff and appellee. VS..
Marx Mintz, defendant and appellant.
was marked settled.
Number thirteen. George McCracken.
plaintiff aud appellee, vs.. Frank e.
Douglass, defendant and appellant.
was marked off for the term.
A jury was waived in the case of
Alvah D. Lake, plaintiff and appellant.
VS.. Aloysius Groves, who sues by
Michael O'Grady, next friend. defen-
dant and appellee, and the case tried
by tho court, with &c. J. Cooper for
tho, plaintiff and Richard Fitzherbert
for the defendant. The facts were
the same as in the case Of Lake VS..
O'Connell, and decision was re-
served.
The jurors were dismissed on Tues
day until next Monday morning when
the indictments will be taken up for
trial.
On "Wednesday, the case of Michael
Leder, plaintiff and appellee VS.. Ed
gar O. Hopping, defendant and appel.
liant, was reported settled.