Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1905-06-22
TERRAPIN CASE
is ON TRIAL.

A futter of great excitement per-
yaded the Court House at the assem-
bling of Court Tuesday. The great
s'Terrapin Case" was to be moved for
trial.
When Judge Endicott entered he
found facing him Assistant Attorney
General of New Jersey Edward D.
Dufield, and Theodore Backus from
the Attorney Generals Office, and VIM.
A. Logue-all Of counsel for the de-
PENDANTS to be placed on trial.
Everybody knows, or ought to know,
what the great "Terrapin" case is.
In brief, former Sheriff VIM. @.
Hendee, Frank ]. Lore, Game War.
dens Fred S. Conner and Geo. Phifer,
were sued by O. W. Newcomb for
several hundred terrapin which were
taken from his pound, illegally, as it
is claimed, causing him great dam
age and loss. He sued to recover.
When the Court was opened and and
the Sheriff was directed to place a
jury in the box MI Duffield protested
against the array of jurors as they
had been drawn-arguing that there
was no precedent for trying thescaces
with less than the full panel of the
jury. He challenged the array.
Judge Wescott opposed the challenge,
and the Court overruled the challenge.
Mr.. Duffield was given an exception,
and the case was ordered to be pro.
ceeded with. The Court then ordered
that the Sheriff summon the entire
panel to be here tomorrow morning.
Judge Wescott appears for Carl W.
Newcomb.
A conference between counsel and
the defendants, Conner and Phifer,
the game wardens, was held in the
library. It was there agreed that the
defendants were willing to waive the
summoning OF the entire jury and
would go on to trial as the jury was
now constituted.
The lawyers in the case are as fol.
lows: For Newcomb, Judge Wescott
and Ralph Denges. of Camden, and
Rex Donnelly; for Conner and Phifer.
Assistant Attorney General Duffield
and Mr.. Backus; for Hendee and Lore,
Messrs. Logue, Elmer and Roy P.
Tuller.
An interested spectator at the trial
was Congressman Gardner. who is
himself propagation Of terrapin.
Mrs. Allan B. Endicott was also a
spectator, having accompanied the
Judge. The Judge and Mrs. Endicott
will spend day or two here as Mrs.
Endicott desires to visit the Raceway
and Park, and also to go to Port Nor
ris and see something of the Maurice
River Cove oyster industry.
On the arrival of Mr.. Tuller, of
counsel, the Court again summoned
the entire array of counsel to the H.
brary in conference. When this con-
ference was concluded the Judge took
his seat and ordered the Sheriff to
draw the jury and place them in the
box.
Those drawn were Harry Bamford,
Benjamin s. Lore, George Blizzard,
William F. Andreas, Frank Ayers,
Ford Allen, George Parvin, George
McHenry. John Cole, Henry B.
Holmes. Clarence Eldridge.
They had got as far as the eleventh
juror in the box, and the panel pres.
ent drawn was exhausted, Luther
Bateman was drawn as a talesman.
Judge Wescott objected to this juror
being drawn.
After a considerable wrangling and
after Judge Endicott had plainly told
counsel that it the case was not pro-
ceeded with to-day it would be put off
for the term, as he could not try it to-
morrow it wasagreed to try the case
with the eleven jurors. They were
therefore sworn.
Jedediah Newcomb, aged father of
Carl, was the first witness called, who
detailed the particulars of the officers
visit.
The case was opened to the jury by
Judge Wescott, who repeated the ia.
miliar story Of the Jones' IsIands terra
pin farm of Carl W. Newcomb.
The testimony went on as to their
taking the terrapin out. stamping
them into the mud, crushing them,
etc.
Tuesday Afternoon.
The first witness in the terrapin
case yesterday afternoon was the
father Of the plaintiff, Jedediah New
comb, who told OF the officers swoop-
ing down upon his sons pens. These
men were there, Mr.. Newcomb said,
about 2 hours. They took the terra
pin away with them. They never re-
turned them. Mr.. Lore told him to
sue the State. and make it pay him So