The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-05-23
Court.

afternoon, before Judge Endicott. Simp-
son q Atkinson represented the plaintiffs,
: and Howard Flanders and Major O. Wool
man appeared for defendants.
This was an action to recover damages
resulting from the sale of the CALYPSO, a
: pleasure yacht fifty.three feet in length
and one of the finest and swiftest boats on
the Delaware river. The disputed question
e arose over the purchase of life preservers,
a life boats, anchors. lights, ETC., to make
the yacht serviceable, as without these
, necessary articles the government would
not grant certificate to put her in com
e mission, and until the same were on board
a test could not be made, as the agreement
called for speed of six miles in thirty
minutes and sale of the boat ''just as she
f stands. The plaintiffs made denial that
they were to purchase the articles men,
toned, while the defendants offered evil
dence to show that they had agreed to do
this
The Lehmans appeared at the former
McNeal foundry, in Burlington, on Sep
: TENDER 10, 1904, and after agreeing to pur-
chase the yacht for 81 200 repaired to the
office of Mr.. Woolman where the agreement
was signed and 800 paid on account In
order to bind the sale of the yacht was to
, pass government inspection. On Sept II
the parties again met at the same place and
completed the sale paying 800 in cash
and giving note for $500, after which the
bill OF sale was signed and the boat which
was moored to the foundry wharf, was at
the disposal of the new owners. Finding
that they were compelled to furnish the
necessary equipment at their own expense
the Lehmans bolted and did not take the
boat. This left matters in such shape that
no test could be made, but at the request
OF Horner, through the Port Warden, a
/ government official went to Burlington
and inspected the hull and boiler, which
was the only requirement of the agreement
in this direction
| Mr.. Atkinson contended that the defen-
dants had failed to have the boat ready for
the necessary inspection; that the plaintiffs
had paid their money and had been unable
to get back either their money or the yacht
In condition as the agreement required; the
plaintiffs had done all they could and
were ready to accept the yacht. Because
of these facts he would ask for a verdict
of 81, 200 and damages besides.
In testimony of the Lehman brothers it
was stated that the defendant had not
delivered the yacht, and that they had
not agreed to make any purchases for the
boat. paper containing a list of the
necessary articles had been handed Charles
Lehman by Horner, and he put the slip in |
his pocket and paid no more attention to it.
MIR. Flanders moved for a non-suit on
the ground no declaration of damages had /
been sustained, but this was denied He
thought the whole case was a tempest in a
teapot, as all the litigation had resulted
over the expenditure of about $50.
In making his opening address to the
jury, Mr.. Flanders referred to the foolish |
desire of his clients to possess a steam !
yacht OF that character and after their ex
perlence they were glad to find a pur
chaser for it. He said the Lehmans had |
agreed to buy what was necessary, and |
that he would show that the boat was sold |
'as she now stands" Because of their
failure tosupply the required articles a test
could not be made. The defendants had
fulfilled all their promises in the matt er.
Testimony tending to prove these facts
was given by John Horner, Major Wool |
man, Martin Koran and Harry. Firth.
1t was about time for court to adjourn |
when the case was given to the jury. |
After remaining out for "A hours the Jury |
returned a verdict of no cause of action.
Judge Endicott said he would hear the
case of the township of Riverside VS.. the |
Pennsylvania Railroad Company on June
%. This is matter that will consume at |
least two days AS the lawyers on both |
sides of the case said that they intended to |
summon as witnesses all the people of |
Riverside, it is evident that Mount Holly |
will have many visitors on that date.
Because of misunderstanding as to the
time OF meeting, many of the Jurors were
late in getting to court on Friday |
Scarcely any persons but those having |
business were present when Judge Endi |
colt raped for order. The slim attend |
ance of spectators was commented upon, |
condition which has not existed for a long |
time.
Case No. 5 of the Supreme court list was |
temporarily postponed after much time
had been consumed in a conference among |
the lawers at the side bar, because of the |
absence of material witness. The case
of Charles Fl. Goodenough VS.. Jesse Con-
way and Frank Painter was then moved. |
Aaron E. Burr and Louis Morris repre- |
sented the plaintiff, and George M. Hill |
man appeared for the defendants
1t was suit to recover damages for an |
alleged false arrest In opening the case
Mr.. Morris said that Goodenough had been |
at the Mount Holly Fair on Thursday, |
October 6, 1904. Returning to his home he |
left Mount Holly on the II. 80 p M. trolley |
The plaintiff only had % cent piece with |
him, and this he gave to conductor Clay |
poole, receiving two dimes in change, |
which Goodenough put in his pocket |
The second fare was collected after leaving |
Masonville. and Goodenough was unable |
to find his money. Not being able to paw |
his fare, after repeated requests had been |
made for the same, he was put off the car,
or rather got off without making any |
resistance. Proceeding to Moorestown on
foot, and upon arriving at the dispatcher's |
office, near Stanwick, Goodenough was
arrested at the instance of conductor Clay
| onla md h. al
complaint made or warrant issued and no |
conduct on the part Of the plaintiff to
warrant his arrest. We will show that |
Goodenough is reputable farmer who |
has suffered pain, insult and humiliation,
and will ask for such damages as will |
properly meet the issue, which is seri |
GUS one
Mr.. Goodenough took the stand. He
has lived in Mount Laurel township forty /
years this spring, and owns half interest |
in farm He went to the fair on Thurs |
day. because his men wanted Wednesday |
off for that purpose. After the exhibition |
had closed witness came down town to |
get lunch and to call on Grant Davis, |
who conducted the Mill street hotel, but |
who has since died, they having been BOYS |
on adjoining farms. He took the trolley |
car at Madison avenue. At the second |
collection of fare Goodenough had no |
money. ut is strange can't find it." he |
remarked, and the conductor gave him !
time to hunt it. Below Hartford the car
came to stop. and to the motorman and |
conductor Goodenough said: II will get |
off without any trouble" Reaching the
dispatcher's office some one said: "There's
the guy who tried to beat me-" When
placed under arrest the prisoner begged |
the officers to let him GO He was taken
to MoorestOwn on car and locked up in
the city hall. He again begged for re
lease, and promised to pay anything he
might owe the next morning. Officer
Painter appeared at the cell door and said
he would have hearing the next morn
ing. When Conway appeared Good
enough remarked: Conway, you have
done me dirty wrong, aud you know it.
The next morning was taken to the of
fee of Squire Petit There was no com
plant and no one there to appear against |
me. On the advice of Mr.. Burr Good.
enough left the Office after the justice had |
failed to stop him. No complaint has
been made against him and he has never
| been arrested before in his life
! On discrimination Goodenough de |
MED drinking at the Davis Hotel. He |
only had two or three drinks in the morn
ing and noon in the afternoon. He said |
he supposed both officers took part in his |
arrest. Goodenough swore that Painter
arrested him because he was the last per
son to visit his cell that night Learning
differently, however, complaint was then |
made against Conway. The witness did |
not try to jump off car as it passed |
| ha Tod to