Bridgeton pioneer., 1904-11-03
end OF THE
= OCTOBER IHi TERM
Thursday Morning.

Thursday Morning.
In charging the Bennett Capitol
Glass Co.. case this morning, Judge
Endicott, in reviewing the testimony,
said that Bennett, the plaintiff, had
said that there was an acceptance Of
the plant when constructed If there
was an acceptance and promise to
pay, then the case is ended, but the
company denied having accepted it.
The mere operating the plant does not
imply an acceptance; the mere use
does not make an acceptance. The
charge was short and the jury went
out
The next case called was the suit of
John Asel against James D. Pasquale,
of Vineland, a suit involving the cost
of building house by Pasquale for
Asel.
Ex-Judge Westcott and Henry S.
Alvord were the lawyers in the case.
The case was begun by the plaintiffs S
lawyer showing that the house was not
properly constructed.
Mr.. Asel was placed on the stand
and said he contracted with Pasquale
to build him brick house for $145O.
He paid the cash when the house was
completed. He moved into the house
in June, 1901. The first storm showed
that the house was leaky; rain came
through the window castings and the
roof leaked by the sides of the Chin
ney. He wanted Pasquale to remedy
the defects, but it was not done.
Thursday Afternoon.
The case of Asel against Pasquale
was concluded and the jury was sent
out. The Judge hardly consumed
three minutes in delivering his charge
to them
The next case called was that OF the
Reliable Machine Company-Ewing
and Hamilton, against d. Rosenthal
to recover for the erection OF an cleo
trio elevator at the 'Rosenthal build
ing on Commerce street A jury was
empanelled. The Machine Company
was represented by Walter H. Bacon
and Mr. Rosenthal by Jas. S. Ware.
At the same time of the trial OF
this case, a jury had been empanelled
to try case in the Grand Jury room
before Judge 7. w. Trenchard.
This was the suit of Jonathan Clev-
enger. appellee, against the yineland
Window Glass Company, appellant.
1t was aisuit to recover wages amount
ing to $l1o. Royal P. Tuller repre-
sented Mr.. Clevenger and Henry S.
Alvord represented the defendant the
Vineland Window Glass Company. In
opening the case against Rosenthal,
Mr.. Bacon made an extended opening
of the matter, showing why the suit
was brought. The claim was for
1928. 23.
William r. Hamilton was the first
witness is machinist knows Mr..
Rosenthal; Rosenthal left word at his
place for him to go see him in regard
to an elevator. Called there in No
yember last; wanted him to put an
electric motor to raise and lower the
elevator told Mr.. Rosenthal he could
have the apparatus for what they had
to pay for the materials and for their
work in putting it in, the charge
would be &c., 40c., and 45c. per hour
as to when the work was in the Rosen-
thai building and when it was done in
their machine shop and the character
of the work. These hours OF work,
with large number OF reeeipted bills
shown for materials bought and used
on the elevator, made up the claim.
These bills were identified by the wit
ness. The amount Of charges for labor
was $lo3.88. The charges, he said,
were in accordance with an agreement
previously made with Mr.. Rosenthal.
He said the elevator, after being con-
structed, run first class. 81 was the
first man who operated it, said the
witness.
The starting box had been placed in
the top Of the elevator shaft which
was the proper place for it. Mr..
Rosenthal did not want it in that
position, but wanted it placed in the
bottom of the elevator, which was
done at some cost.
The elevator was stopped by the
Underwriters agent, because OF
grounded current and the Under
writer's would not "pass it, . said the
witness, unless certain cable was
used which the Underwriters agent
told them to get; went to Philadelphia
Aee1eee4>NN>