Bridgeton pioneer., 1904-11-03

1 S--O Oe~S~O
The elevator was completed and
worked all right, and Mr. Rosenthal
made mo kick on it. When they
took their bill to Mr.. Rosenthal he
said nothing about an Underwater s
certificate. He refused to pay the bill
afterwards because he said the cost
was too much.
This witness was still on the stand
/ when Court adjourned.
The Clevenger case was concluded
in Judge Trei1chard's Court No de-
cision was given last night.
Friday Morning.
When Court resumed it's session this
morning the Bennett Capitol Glass
90. jury, after being out all night,
came into Court. They had been un-
able to agree. and were excused.
The Asel -Pasquale jury, which went
out yesterday afternoon, was still out
when the morning session began.
The case of the Reliance Machine
Go. against D. Rosenthal was resumed
this morning. Mr.. Hamilton, who
was on the stand when Court ad-
iourned, was called to the stand to
conclude his evidence.
Albert B. Ewing, the other member
OF the Reliance Machine Co., was
called to testify as to the putting in of
l tho oInuo tO, f<,,
Councilman William Sellers, fore
man at the Ferracute Machine Co.,
said he was asked by Mr.. Hamilton to
come down and inspect the gearing
and mechanism of the elevator as to
whether it would lift the elevator.
He found them all right it was an
excellent job, he said.
Harry Cowan, an electrical worker,
was called; he said he did work on
the elevator for the Bridgeton Elec-
trio Company; installed wires; he
gave technical description Of the
work done. The first job, with the
starting box at the top Of the elevator
shaft, he said, was all right; the
second job was ordered by Mr.. Ham
ilton; it was the changing of the
starting box from the top of the ele-
vator.
1 Several employees Of the Bridgeton
Electric Go. gave testimony as to the
| efficiency of the working of the ele-
vator, before the change of the start
ing box was made
The plaintiff closed their case and
Judge Endicott announced that no
other case would be taken up before
1.30 O'Clock this afternoon.
(, The jury in the Asel- Pasquale case
came in at this time. They were un-
able to reach an agreement. They
stood II to l.
The Court excused them as he had
done the former jury until this after
noon
In opening the defence in the Rosen-
! thai case, Mr.. Ware said that they
would show that the job was done in
a very bune ling manner, wholly in.
efficient and inadequate, and would
not work.
Mr.. Rosenthal was called to the
stand and gave his story of the install
ment OF the elevator machinery 1t
would not work and they could not
make it work. The fuses would blow
out continually when the starting box
was as at first placed.
"Why did you discontinue to run
| the elevator, Mr.. Rosenthal?" asked
his lawyer.
Because the underwater would not
pass it," was the reply.
The grounds Of defence is really no
cause OF action, and the interplea is
damage to Rosenthal by loss OF use Of
the elevator, on account of the worth
less construction made by the plaintiff.
i Friday Afternoon.
| The Rosenthal case was soon con-
cluded this afternoon and a jury was
| placed in the box at once for the trial
OF the celebrated "Terrapin case, =
which has been SO much talked about.
| The suit is that OF Carl W. New
comb, against Game Wardens Fred S.
Conner and George Phifer and Ex-
Sheriff VIM. O. Hendee and Frank J.
Lore. to recover $4,000 damages for
trespass in the arrest of Newcomb, and
the seizure of large number of terra
pins which Newcomb had in a'pound,
a terrapin pen, on Jones' Island, be-
low Cedarville.
Before the empanelment of jury,
Mr. Logue made motion to file an
additional notice, of justifiable plea,
on the part of Frank J. Lore-that he
was ON the premises in consequence
nd by authority OF two warrants for
the arrest of Mr.. Newcomb. The mo-