Bridgeton pioneer., 1904-11-03
tion was allowed, subject to exception
by the plaintiffs counsel.

"A jury was then put In the box.
| The fight began on the talesmen ;
both sides challenged until the chal-
lenges were exhausted Before the
! jury is sworn, = said Judge Westcott,
II desire to inquire if any man on this
jury has personal interest in this
case--if they are related in any way to
the defendants. -
"Well, that is so general = said the
Cour6, that I p
May it please the Court inter-
rupted the Assistant State ATTORNEY
General, "the proper way is to swear
each juror. y
This is not necessary, it is as to
their relationship to any Of the defend
ants. But this case has become of
such widespread interest that think
the jurors should be interrogated.
There may be some bias on the case, y
said Judge Westcott.
This was agreed to, and Mr.. Logue
stated that the defendants were as
named above.
After each juror was sworn he was
questioned by Judge Westcott, or ex-
animation was waived.
| Amos P. johnson was asked if he
knew Lewis Newcomb, brother Of
the plaintiff; he said he did.
| The Court-"Are you biased for or
against either party in the case?'
am not biased against any one
whatever; all know is hearsay about
the matter. -
| The Court Gould you give true
verdict, according to the evidence ?','
"T can, sir
After some argument on his answers
by Judge Westcott, Mr.. Powell was
excused by the Court.
The jury was sworn after all had
been examined, and Judge Westcott
opened the case.
Jedediah Newcomb, the father of
Carl w. Newcomb, was called to the
stand. He said he was II years old.
His son, he said, was engaged in the
business OF raising terrapin; he.had
them in pens right back of his barn !;
the pen was about 40 feet long and
about feet high, made of slabs driven
down; inside the pen was mud, grass
and bushes. Knew the defendants: on
the date in question they came to his
place in wagon drove across his
private road; opened a gate and pair
OF bars to get to the terrapin pens.
He said to them, ''What are you fell
lows after here?'' One of them said.
"We are after these terrapin. " New
comb said, II forbid you going on my
| private property" They went right
on and got into the terrapin pens.
Conner and Phifer got into the pen and
caught the terrapin; Lore helped to
carry away the boxes with the terra
! pin In them; Mr.. Hendee kept the
score of the tally. There were $50 of
| them.
! Ibid Mr.. Lore say anything about
anybody paying for them?'
II object 1 object; that is alto
| gether irrelevant, - said Mr.. Swayze.
| Objection sustained.
Twas anything said by anybody
about paying for them?''
| IT said they haven't been counted
nor measured, said the witness.
! Well, count 'em, Mr. Lore said,
d-n it, and make the State pay So a
head for them. .
The pen was torn down and
trampled. ''The next day I went
/ there and saw dead terrapin and
shells,' said Mr.. Newcomb.
| The witness helped to take care of
the terrapin; his son, Carl, was in the
marsh moving. They did not go for
him. Some of the terrapin had been
in the pen two or three years. He
! fed them over the sides Of the pen
4 Mr.. Newcomb was given scorching
cross examination by Mr.. Swayze, but
without shaking his direct testimony,
or making him contradict himself.
Mrs. Birdie Newcomb was called
but before her testimony began one of
the jurors had to be awakened as he
had fallen asleep. She said she was
the wife Of Carl W. Newcomb. Heard
father Newcomb forbid those men
coming on his premises. Mr.. Lore
stepped up and said, II am Frank
Lore, this is Sheriff Hendee, this is
Mr.. Conner and this is Mr.. Phifer.
We are officers of the law and we
come after those terrapin and we are
going to get them. .
Carl w. Newcomb was called. He
| said he was in Che terrapin business
in September, 1901; had been in the
| business about 16 years had been cul-
! tivating terrapin from 8 to 5 years
had terrapin pen on his fathers
4 property heard of these four men be-
ing down there Sept. 19, 1901; heard
/ 4 H. k<xf Il \