Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1906-12-13
COURT DO|NGS.

The Circuit Court presided over by
Judge Endicots and the Court of Appeals,
Judge Jessup, presiding, held sessions on
Tuesday, and are yet engaged.
The first jury drawn was to try the
case Of David Shaw, farmer Of Woolwich
township against Henry O. Garrison, Mar
shal of the Boro. of Swedesboro. Jona W.
Acton, of Salem, represented Shaw, while
F. B. Davis. of Woodbury., represented
ssGarry.n The faots of the case are that
officer Garrison was at the Swedesboro
station, in his official capacity, to keep the
great procession of teams hauliag produce
to the station ia orderly procession so that
all would have equal opportunity to I'M
load and get awav in orderly fashion.
Garry" evidently thought Shaw was en-
deayoring to depart from the established
route Of egress, because he stepped his B.
horse team and ia doing so tapped one Of
the horses on the nose with his stick. Shaw
warned the officer not to strike the horse
again, but it was ia testimony that be did.
A sore came on the borse's head. that de
veloped insipient pole-evil, which the
plaintiff traced TO tGarry'sn assault. The
defense brought evidence of q oelered farm
hand, that the sore Was on the horse's head
before the trouble at the station.
The jury rendered verdict in favor OF
Shaw, laying damages at $50.
While the above case was being tried in
the Grand Jury room, the ease OF Paul
Badewitz, Of Paulsboro v the West Jersey
and Seashore r. R. was being tried before
Judge Endicott in the court ROOM D. 0.
Watkins for the plaintiff and the junior
member of the firm Of Gaskill & Gaskill for
the railroad.
The suit is for personal damages for ille-
gal arrest and imprisonment, and excited
considerable interest.
The plaintiff purchased q return ticket
from Paulsboro TO Philadelphia ia 1905.
He missed thefgrain at I'aulsboro 50 came
to Woodbury. bysaleigh, and went to Phila.
by trolley. He used she return portion of
the ticket, reading from Philadelphia to
Dausboro on his return.
A week later, desiring to go to Philadel-
phia again, he offered the conductor on the
road from Paulsboro to Woodbury. the part
of the ticket which before had been de-
tached by the conductor, and which read
from Paulsboro to Philadelphia, and void
if detached 2 The conductor told him the
ticket was no good. The conductor which
took charge of the train at Woodbury. and
took it into Camden, told him the ticket
was no good and returned it, after the
brakeman had collected but not punched it..
Badewitz went to the ticket receivers
Office, at the cond uctor's request, to settle
the matter. He was again told the ticket
was no good. The auditor telephoned to
the police. A patrol arrived, he was put in
it, driven through the main streets of Cam
den to the lookup and confined in pen
with a lot Of drunken bums' for an hour,
then made to pay "a cents-the amount of
the fare-under compulsion.
The case went to the jury after unsuccss-
ful efforts Of Gaskill, the railroad attorney,
to non-suit the plaintiff.
The defense was that the conditions on the
ticket forbade recovery, and that Badewitz
was obliged to pay his fare or submit to
fine and arrest.
The jury remained out over night, and
we're discharged this morning. Il is said
they stood II to 1 for giving Badewitz
damages.
The case of the executors Of B. w. An
irews & Co. ys.Jas. B. Anderson and Thos.
E. Vangilder was next called, and judg-
ment by default was entered in the full
amouut Of the claim, amounting to $l0,-
507. 90, and interest since Feb. l, 1906. D
o. Watkins represented the plaintiffs.
HITcHNER v. WILLIAMS.
The plaintiff, a resident of Malaga,
brought suit against the defendant, resi-
dent Of Wildwood for $500, the price Of q
carload Of lath which was sold. The plain
tiff contended that the defendant had bar
gained for and received the carload and
that be had not paid for them. The de-
tendant alleged contract made in January
by Hitchner was to sell him carload every
other week, and in failing to do SO lost the
defendants she sale on them. One carload
in particular, he claims he had sold at an
advanced rate, and claimed the difference
from the contract price with Hitchner, and
the bargained price with another dealer, as
set off against Hitchner's claim. The
jury returned verdict for $500 and inter
est, amounting to $l2.
cHAs. j. JORDAN VS.. VIM. NJ. CARTER, Ex.
|. This suit was brought BY the son Of Pat
rick Jordan, deceased, fora ten years board
bill contracted by hls father prior to his
death The plaintiff alleges that the father,
upon the death Of his first wife in 1891,
moved into his house and agreed, after be-
/ ing there for some time, to have his bills
/ paid out Of his estate at his death. The
plaintiff assented to this proposition The
claim was filed with the executor who gave
notice that suit must be brc ught IN order to
RECOVER il. Defense claims the statute Of