The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1903-05-05

factory to Mr.. Grace. who at once began
suit for damages.
The first witness called, after Senator
Hudspeth had briefly outlined the plain
tiif's case, was Edward J. Grace. He
testified that he was born and lived all
his life, forty-seyen years, in the town
of Harrison, and that for ten or twelve
years he had filled the position of town
treasurer. On the day following the
one on which the alleged slanderous
remarks had been made by Mr.. Coogan
several citizens had waited upon him
and informed him Of the same. He
thereupon consulted his attorney and
directed that suit be brought.
Alderman John ]. Leen testified that
on the night in question he was at Ell
beron Hall. There were twenty or thirty
reputable citizens in the barroom when
he heard the defendant talking in a loud
voice about the shortage in the accounts
of the treasurer. Mr. Leen said he
heard Mr.. Coogan declare that he, Coo
gan, was doing a lot of Investigating in
the town; that he was going to have a
Senatorial investigation, and that the
town treasurer was $4,000 short in his
accounts. The witness said he also
heard Mr.. Coogan talking about the
school accounts, and he told him to shut
up. They got into a little argument
and he told Coogan that if Grace wasn't
honest, he, Coogan, wasn't honest.
''oD you mean to say that l am dis
honest" Leen said Coogan demanded.
You can take it any way you like,
but if Grace amt honest, you amt
honest" the Alderman said he replied.
Mr.. Leen said that Mr. Kerr was the
only other one of the party who took
part in the controversy.
..Coogan," concluded the witness, sde-
clared he could prove that Grace was
short fe or six thousand dollars. More
than dozen times he said he was going
to have Senatorial investigation
James S. Boyan corroborated substan-
TALLY the statements made by Mr.. Leen.
Peter Hauck, the Harrison brewer,
was called for the purpose of showing
that Mr.. Grace called upon him and
said he was about to demand public
investigation of his accounts
Alderman Jacob Stumpf corroborated
the story of School Trustee Coogan's
charges again Mr.. Grace.
x-Freeholder William ]. Tierney also
gae corroboratiye testimony.
Mr.. Tierney said that he had read
squibs in the newspapers about a short
age in the school fund, but didn't pay
much attention to it.
Thomas Chamberlain corroborated the
testimony of the preceding witnesses.
This concluded the plaintiffs case and
Lawyer Wall asked 70 ra non-suit on the
grounds that no damages had been shown
and the wounded feelings of an individual
We're not sufficient to base an action
for damages upon.
This was promptly denied by the Court
and Mr.. Wall, after he had been grant
ed an exception. began his opening ad-
dress for the defence. declaring that
it would be shown to the satisfaction of
the jury that Mr.. Grace's honesty was
never impugned by Mr.. Coogan. MY
client never charged that the town treas
urer was dishonest" he said.
The evidence for the defence was all
along the line that Mr.. Coogan had
heard, and, after an investigation of the
matter, believed. that Mr.. Grace had
used the State school funds in his hands
to pay other town expenses.
This was vigorously denied by the
plaintiff himself in rebuttal