Bridgeton pioneer., 1905-05-18
THE CLOSING OF
CUMBERLAND COURTS
Wednesday Afternoon.

Wednesday Afternoon.
Judge Trenchard charged the jury
in the case of Mrs. Fry and it with
drew.
prosecutor Flthian moved the casn
OF the State against Marcus Smith. in.
dicted for attempted criminal assault
on little girl, and a jury was put iii
| the box.
Lawyer Roy P. Tuller, of vineland,
appeared for the accused.
Lucy Akin, the little girl who
claimed to have been assaulted, was
called to the stand and told her story.
She said she is nearly ID years old and
resides in Vineland She said she had
seen a man plowing in field and that
Marcus Smith, the defendant, was the
man. She said she and her sister
were out gathering pyxie when Smith
came to them and, becoming fright
ened at his actions, they started to
run. Smith outran her and tripped
| her, pushed her over on her back and
placed his hand over her mouth. She
screamed and he told her he would
kill her if she screamed again. Some
| women heard her screams and he fled.
Mrs. Milo, wife of Constable Milo,
was called. She lived near the scene
OF the assault and said she heard the
child's screams while she was hanging
| out clothes. The child ran toward her
and she saw a man running away
through a vineyard. Gould not iden-
| tify the prisoner as the man whom she
saw running.
Mrs. Tomasso was called; said she
heard the screams and saw the chill
dren running; asked them what was
the matter and they said tramp
caught them; saw man running
through the vineyard but so far away
| she did not know him.
Hewitt Haggerty was called. While
this witness was being examined the
Fry jury came in. The jury was
polled and when the clerk asked for
the verdict the foreman announced it :
Guilty as charged"
The State rested in the Marcus
Smith case and Mr.. Tuller, opening
for the defence, said that they would
prove that young Smith was not with
in mile of that vicinity at the time
the assault took place; that he was
not at home
With map and great elaboration of
detail this plan of defence was begun
with the Introduction of surveyor
Smith, who was the first witness
called. Mrs. Diantha Smith. the
mother of Marcus Smith. said that on
the 4th of April last, when this as
sault is alleged to have occurred, her
son had called to take her home from
the Grove house, where she was en-
ployed. He called on that day some
time before five O'Clock. This was the
hour at which the assault took place.
Mrs. Sylvia O. Hendricks, who
boards at the Grove house, stated posi-
lively that she saw Marcus Smith at
the Grove house at O'Clock on
April 4. He was arrested that night.
She was good witness for the bow
and she said that the clock in her
room was at five when she came down
to the parlor, and the parlor clock was
at the same hour when she looked out
and saw Marcus sitting in his wagon
waiting for his mother, in the drive.
way.
Widow Starr, also of the Grove
house, declared she saw Marcus at the
Grove house at 5 o'clock. She talked
with him and he said he was tired
from blowing.
Both sides rested. and the Court ad-
journed
Thursday Morning.
The first business of Court this
morning was to hear plea from J.
Boyd Potter, Esq, in behalf of Mrs.
Louetta Stout, who was indicted for
the embezzlement of $l51. O3 from Star
of Hope Temple, of Millville.
After hearing the plea and the re-
marks of Assemblyman Miller in op-
position, the Court sentenced Mrs.
Stout to four months in the county
Jail.
The Judge then charged the jury in
the case against Marcus Smith. and
the jury Withdrew.
Prosecutor Fithian moved the case
of the State against Edward Brown
for robbery, and a jury was en-
paneled.
Brown pleaded guilty to breaking,
entering and stealing, and was re-
manded to jail till Monday morning,
when he will be sentenced.
The next case called was that of
John Headley.
Headley was represented by J.
Brodie McGear and jury was called.
John Headley was charged with as
sault and battery on Ella Headley.