Perth Amboy evening news., 1905-12-20
After Being Out All
Night They
Disagreed.
THE TESTIMONY
Special to the EVENING NEWS:


NEW BRUNSWICK, Dec. 20:-
After being out all night the jury in
the suit for slander brought by John
H. Leisen, of Woodbridge, against
David A. Brown, of the same place,
came in at 9:40 o'clock this morning
and reported that they had been un-
able to agree upon a verdict.
Justice Fort discharged them
They had been in the jury room since
S:15 o'clock yesterday afternoon,
over eighteen hours.
1t is not known whether the case
will be retired.
The jury is understood to have
stood to 3 in favor of Brown, upon
the final ballot.
Tax Assessor Leisen alleged that
the defendant stated he had whacked
up the proceeds from a tax collection
with Former Tax Collector Bruce
Drummond. The defendant denied
using the words ''whacked up" To
the jury the matter was left for de-
cision. Lawyers Robert Adrain and
A. S. March appeared for the plaintiff
and Ephraim Cutter for the defend
ant.
Lawyer Adrain in opening the case
said the litigants met on the after
noon of January 12 at the offices of
Justice Wylie, where Leisen had desk
room and while the Tax Collector
Leonard Campbell came in with a
letter from another Mr.. Brown stat
ing that the Cohn-Brown property
was not on the tax duplicate. Brown
and Leisen were not very friendly at
| that time.
The lawyer further stated that Mr..
Brown soon after Mr. Campbell arriv-
ed left the Office and made the state
ment to people outside that the prop
erty had not been placed on the du-
| plicate and that Drummond had div
! ided the taxes with Leisen. The lat
| ter wrote a letter to Brown asking
| for retraction and published the
| letter in the Woodbridge News The
retraction was not made, but on the
contrary it was alleged that the de-
fendant published an answer in the
nature of a political harangue, as the
lawyer termed it, in which Brown
said he was ready to stand by every
thing he said. The suit for damages
had then been brought
The plaintiff was called as the first
witness and testified as above. The
letter was proven received by Mr..
Brown by the registry receipt, the
signature to which Brown admitted
as his. The naners We're also admit
ted and Clarence M. Liddle, town
ship committeeman at Woodbridge
called as the next witness. He said
Brown met him that afternoon and
said Drummond and Leisen had
whacked up and that he, Brown,
could prove the articles published
He also testified that Brown, at a
little gathering held at Phillips hotel
after township committee meeting,
in the presence of Township Collect
or L. M. Campbell, Clerk Irving Dem
Arrest and the witness, repeated this
statement two or three times.
M. Irving Demarest, of Sewaren
was next called and testified to Brown
making the statement charged and
that when he made some reply TO it.
which apparently did not suit Brown
the latter called him names and ask
ed If he belonged to the ring too.
On cross examination by Lawyer
Cutter, Demarest said Brown further
said at that hotel gathering that
Thompson had no business being in
the post Office as his family had been
living off the township long enough
and that it was time Judge Strong
was taken off the bench as he was be-
coming the laughing stock of the
whole state.
Justice r. J. Wylie said he told
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