Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1904-10-06
brought to get that money.

$3.50, $50, $500; and there was also a
note OF $461. 25 of Mrs. Stanley's which
Mr. Moore had collected. These pay
! ments were up to and including May,
! 1902.
She testified that on October I'd,
| 1902. she went to see him, telling him
| she had the balance OF the money and
was ready to consummate the deal for
the property. He told her that he did
not have the property and could not
convey it to her. He told her the
latter part Of October-the day he
gave her statement of her account
that he had nothing more to do with
the property.
| Mr.. David S. Bergman, of Irving
| avenue, this city, said that he went to
see Mr.. Moore at his residence on West
| Commerce street. He went to see Mr..
Moore on behalf of Mrs. Stanley. He
| asked Mr.. Moore as to making settle
ment with Mrs. Stanley by making
the deed for the property or refunding
her money. Mr.. Moore said he would
do nothing, that he did not own the
property and never did own it. He
told Mr.. Moore that he was prepared
to carry out the agreement of Mrs.
Stanley
When this witness left the stand
Judge Armstrong made motion for a
non-suit. The motion was refused
Mr.. Armstrong opened the defence
by calling I. Whilden Moore to the
stand. The witness identified the re-
ceipts for payments made. He said he
had never conveyed to her the prop
erty, 504 Pacific avenue, Atlantic
City. Mrs. Johnson Stanley had told
him of her inability to get the bal
ance OF the money to pay on the prop
ferty. Stated that he never refused to
make conveyance of the property, but
was ready to do SO at any time when
she should have the balance Of the
money He did not own the property
at any time, he stated on cross exam
ination There are three owners, he
said. On redirect examination he
said he had power to make the agree
ment to sell.
A young man named Reed was
called, and then both sides closed.
After the summing up the Judge
charged the jury to the effect that Mr..
Moore could not keep the money and
the property, too, neither could Mrs
Stanley enforce the contract and re-
cover the money.
The jury withdrew and the case of
Adelbert G. Simpkins against the In
ter-State Telephone Company was
moved. Messrs. John L. Simple and
Frank S. Katsenbach are the lawyers.
The jury was empanelled for the
trial Of the case, which will be the
last case this week before Judge
Swayze All the other jurors were
| excused until next Tuesday.
| The jury in the case of Mrs. Mary
Johnson Stanley against Isaac Whilden
Moore, late last night returned YER
dict in favor of Mis-. Stanley in the
sum of 1875. so.
Wednesday Morning.
| The case of Adelbert G. Simpkins
against the Inter State Telephone
Company was resumed on the conven-
ing of Court this morning. The case
comes from Vineland. Mr.. Semple,
| the attorney for Mrs. Simpkins, opened
the case by stating that this is suit
| by Mrs. Simpkins to recover damages
from the Telephone Company for in
juries received by falling down, or
being pushed down, an unprotected
hole of the telephone company--on the
night of July 4th last.
| Mrs. Simpkins was out on that even
| ing to look at the fireworks, and was
pushed and jostled by the crowd, and
precipitated into the hole by which
she was severely injured.
Mrs. Simpkins was the first witness
called. She described how she was
pushed down the hole on Second
street, Vineland, by the crowd. The
I
hole had been excavated by the tele-
phone company and left unprotected
and unguarded. When she fell into
the hole she thought she had fallen
into an uncovered well. The injuries
consisted of injuries to the ankle,
limb, hip and internal organs.
She appeared to be quite lame when
she went to the witness stand.
The cross examination was conducted
by Mr. Frank S. Katsenbach, Jr. On
cross examination she said she had
been confined to the house by the in
juries for period OF nine weeks. Her
left ankle was sprained, she said, and
her limb bruised, her hip and back
hurt, and she had received injuries in
the abdominal region.
Stanley Simpkins, Mrs Simpkins'
14-year- old son, was called and de-