The Morris County chronicle., 1905-10-31
THE COURTS
I'm SESSION
Automobile Cases Decided on
Appeal. Strange Feature
Of the Road Law.
A BATCH OF PRISONERS PLEAD,

The trial of indictments was taken
up Thursday morning. James Wright
and Mrs. Clarence Walker, charged
with adultery were brought into court
and changed their plea to non yult.
Ex-Judge Cutler appeared for them
and asked to be heard before sentence
is imposed.
r. Frank Kelly, a thirteen year old
boy was arraigned for sentence for
stealing a watch and some money. Mr..
Cutler appeared for him and asked
that sentenced be suspended, promis-
ing that the boy will be sent to a home
near Buffalo, where he will be kept in
restraint and also educated. Judge
Mills suspended sentence, placing the
boy in the care of the probation officer
for year and warning the boy that
he must behave.
Frank Marsx, of Boonton, changed
his plea to guilty of assault and bat
terry and was remanded for sentence.
The case against ]. Giordana an
Italian junkman for larceny and re-
ceiving pipes and fittings stolen from
the Morristown Gas Co. to which
charge three boys have plead guilty
was then taken up. Giordano was
convicted of receiving.
In the appeal Of r. v. Lindabury
from his conviction for exceeding the
automobile speed limit, the jury on
Wednesday found him guilty and the
fine of $50 imposed by Justice StilwelI
will stand.
Justice Garretson decided the Ber-
gen County ballot question in favor
Of the County Clerk in that full coun-
ty ticket must be nominated by a
party.
The appeal Of Chapman Ropes from
the Judgment of the Justices Court
in an Automobile speed limit case was
also tried. w. W. Cutler for Mr..
Ropes contended that though the
prosecutors had proved the number of
the machine, the statute is penal and
| 1t must be proven that the owner Of
the machine is either running the ma
chine or aboard. The owner and driver
are not synonymous terms. The pros
ecutors were unable to prove that the
owner was on the vehicle when the
limit was exceeded The Ballantine
and Richardson cases hinged on the
same point and the Judge upheld Mr..
Cutters view. Every man is entitled
to jury trial when he can be impris-
oned for an offense as in the automo-
bile act, and ex-Judge Cutler thought
that the whole act was unconstitu-
tional on that ground.
Another curious case in which Mr..
Cutler appeared was that of James S
Seals against the township cQmmiUtee
of Washington township for damages
sustained by reason Of the poor condi-
tion Of a road. A nonsuit was granted
Messrs. Cutler and c. A. Muir, repre-
senting the township, because of the
strange fact that by the act Of 1859
ten counties in New Jersey were ex-
empted from the provisions of the act
which made township officers liable
for damages for accidents such as the
one in question. BY later act Chat
ham township came under the proyi-
sions Of the act Of 1859, consequently
is the only township in the county
against which such a suit could have
been brought.
The trial Of David Less, indicted for
the illegal sale of liquor at Wharton,
Tapped over from Friday to Monday.
Less evidently had complicated sys-
tenn to eyade the law. He had been
in the bottliDg business at Netcong,
but moved to Wharton, where he pur-
chased house and lot on one side Of
the street and lot OH the other side.
He leased the vacant lot to one Samuel
Glass, Of Milwaukee, for S24O per year,
agreeing to erect a building to cost
not more than $780, Government tax
receipts for wholesale and retail trade
we're made out 10 Glass and power Of
attorney to carry on the business to
Less was recorded In the clerk office.
Then he had books Of signed orders
and said he had not sold, but his son
had sold in quantities over five gal
Ions delivered in smaller lots. The
evidence was not enough to convict
David Less, but Judge Mills ordered
the arrest of the son, ISidor Less, who
was bailed for the next grand jury.
Edward Ervey was acquitted of a
charge of assault and battery on one
Travers.
Robert Jackson was convicted Of
sodomy in court this morning. The
trial Of Horace Essex for assault on
Patrolmap e. L. Brennan is in pro-
gress.
The Proposed Roonton Trolley.
The engineering corps under the