Bridgeton pioneer., 1904-11-10
THE DAVIS SUIT
FOR DAMAGES.

Ihe Appeal Court continued much
of Monday and considerable business
was transacted. After the Goldstein-
Leopold case was all in, the Court
then announced that he was ready to
hear the case of Davis against Kerns.
This is the suit of Phoebe G. Davis,
administrative of George W. Davis, to
recover damages from Perry Kerns for
losses sustained in the burning Of the
Davis barns in Deerfeld. The suit is
for .$2500
The lawyers in the case are Rex A.
Donnelly and John W. Westcott for
plaintiff and Walter Fl. Bacon for the
defence. Mr.. Bacon made motion
which was heard by the Court at side
bar. After this conference, the Court
said: "There is nothing can do, gem
tlemen, except to proceed with the
case.''
A panel was put in the jury box.
Mr.. Bacon, however, for the defence
protested against going to trial, as the
defendant is unavoidably absent and
they cannot safely go to trial. (The
defendant is in State Prison
The Court announced that the jurors
not on this case would now be ex-
cused, but that the jurat might be
called back on one or two dates before
the January term OF Court. In that
case the jurors would be notified in
the usual way by the Sheriff, and
they would be expected to be in Court
ON whatever dates were indicated.
In opening the case of Davis against
Kerns by Mr.. Donnelly, he started to
make the statement that the defendant
had been convicted Of crime in this
Court.
l object, said Mr. Bacon, 'sand
ask that juror be withdrawn on the
grounds that that remark was entirely
illegal, irrelevant, and prejudicial to
the defence y
The Court declined to have juror
withdrawn, but cautioned the jury to
pay no regard to the remarks by coun-
sci relative to a conviction in this
Court, and he also requested Mr.. DON.
nelly to merely state in his opening
just what he expected to prove.
The letter Of administration granted
to Mrs. Phebe G. Davis was identified
by Surrogate Thompson, and Mrs.
Davis was called to the witness stand.
Mrs. Davis, the administrators, said
that the wagon house was destroyed
on Friday; Perry Kerns was about
the house on that day her husband
was living then but he was very ill,
caused by runaway.
Mrs. Davis went over the story
OF what happened on the evening OF
the burning of the wagon house, and
OF Perry's actions, so far as she could
observe them, and of the hearing of
the firing of the gun. Mrs. Davis was
closely cross-questioned by Mr.. Bacon
as to Mr.. Davis indebtedness to Perry
sKerns.
The cross examination of Mrs. Davis
was resumed when Court convened.
An effort was made to ascertain what
sum was due to Perry Kerns for wages
at the time of the burning of the
wagon house, and is still due him.
On objection by plaintiffs counsel this
evidence was ruled out. The direct
examination was conducted by Mr..
Dopges, OF Camden
Miss Evangeline Davis, a daughter
of the first witness, was called she
testified to the happenings at their
house on the evening of the fire. Her
evidence, like that of her mother, was
similar to that given at the trial OF
Kerns
Sydney Burroughs, OF Elmer, who
was at the Davis residence on that
night, told of rushing out to the burn
ing wagon house. The wagon house
was burned March 18th last. Kerns
on the day of the fire asked witness if
he had a good sharp knife, because, =
said he, ''if that wagon house gets
afire tonight you want to cut the
horses loose =
Witness saw Perry take matches
from the match box in the kitchen.
Mrs. Hates, a sister of Mrs. Davis,
testified as to Kerns' actions on the
night of the fire. Kerns, after the
fire, said to her, Mrs. Hates, why
didn't you tell me there was watch
man in the wagon house?" She--told
( him she had nothing to do with it.
Had anything occurred before this
to make it advisable to place watch
man in the wagon house?'' she was
asked.
Eyes, sir,'' she said.
What was it?' asked Mr.. Donges,
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