The Penn's Grove record., 1906-04-20
GRAND JURY,

.JoroQlan DuDOlS, : loooSiO'S
Edmund w. Newkirk, Elmer
Morris G. Acton, L.. L. Neck
Daniel Dixon, l.. A. Creek
Frank H. G. Shimp, l.. A. Creek
William M. Burk, Oldmans
William F. Hunt, Oldmans
jeremiah S. Watson, Alloway
Iouis E. Mack, Pittsgrove
Edward Mitchell, Jr., I. Pittsgrove
John H. Cooper, Woodstown
Mr.. Cooper, the last gentleman called
was excused as the Grand Jury can be
composed of only twenty-three members
JUDGES CHARGE.
Judge Swayze in his charge to the
Jury stated that there was only n mat
ter that required his attention, viz: That
some time during the winter just passed
Harry Moore, a negro, was shot and kill
ed bv Charles Roberts, also a negro; that
Roberts lay in wait for Moore, who was
in with his (Robert's) vile and
shot him on a public road; that from the
evidence presented if it is believed muir
der was committed hen an Indictment
of murder should be returned but as to
the degree that can only be fixed after
the prisoner has been given a trial by
jury.
Constables William Carney and Hugh
Hanlon, of Elsinboro township, were Sc
lected as officers for the Jury.
After the general panel had been call
ed Messrs. George Jordan, Willis Young
and w. S. Robbins were excused by
Judge Swayze for the term, they having
presented sufficient reasons for not being
present.
LICENSES GRANTED.
Judge Sinnickson read the following
applications for license which were grant
ed at the fees named:
Matthias Lehman, Centreton, fee 500.
Samuel II. French, WoodstoWn, fee
$500.
Charles Kern, P~ittsgrove, fee 500.
Joseph G. French, PENIS Grove, lee
$500.
Israel Harris, Alloway, fee 500.
Phoebe ]. Murphy, Elmer, fee Sl00.
John RYAN, Pole Tavern, fee 500.
William D. Acton, Pennsville, fee 500.
APPLICATIONS REFUSED.
An application was again presented
from Daniel G~allanough for a license for
the Riverview Hotel, P%ennsville, but was
refused by the Court. Judge Sinnickson
SudUcu UIldU dc L iii IllC lG q liIctll Ohh
two licensed hotels are unnecessary II
for that reason the application was refus-
ed.
Albert Stetser, of PENIS Grove, also
applied for a license to sell beer and soft
drinks but this too was refused because a
remonstrance signed by a great many of
the leading citizens of Penn's Grove was
received by the Court.
COMMISSIONERS SALARY FIXED.
The salary of Messrs. John S. Red
strake, Quinton P. Harris, of Salem, and
James Sweeten, of P~edricktown, for serv-
ing as commissioners to assess the dam
age to property in the borough Of Penn's
Grove caused by the extension of the
Point, was fixed at thirty dollars for
five for Mr.. Sweeten.
THE FIRST CASE.
The first case called was the Circuit
Court issue of Everett S. Sparks against
The River and Harbor Improvement
Company. John w. Westcott, Esq, of
Camden, and ]. w. Acton, Esq, of Sa-
lem, appeared for the complainant and
Thomas E. French, Esq, and William
[. Read, Esq, of Camden, for the de-
PENDANT.
This suit was brought by Mr.. Sparks,
who is a young man of about 26 years of
age, a resident of PENIS Grove, against
The River & Harbor Improvement Com
pany for injuries received on September
9th, 1902 while at work for the Company.
The case was heard at the last term of
court but the jury after being out sever
al hours could not agree and was dis
charged.
The facts OF the case as shown by Mr..
Sparks were that all old engine which
was used Oh the scow "Azure'' which
was sunk in the Delaware river, was dug
up and installed in the new "Azure'' up
on which he worked; that the engine was
OF a double cylinder pattern but notwith-
standing this 1t frequently got on centre,
probably as often as five or six times a
day; although employed as a fireman one
OF his duties was to pry the engine off
centre with a crow bar; one day the
throttle valve broke and another of the
Butterfly variety was secured; this valve
had been in but a day or two when the
engine again got on centre and Sparks,
as was his custom, began to start the en-
CINE when it went off with a rush throw
ing Sparks into the machinery, tearing
his left arm almost into shreds as far up
as the elbow, breaking out five teeth and
otherwise injuring him. He was taken
to the University Hospital in Philadel-
phia, where the arm was amputated and
since then four operations have been
made to relieve him of the intense pain
which he suffers but without success.
Sparks claimed that his method of start
ing the engine was according to instruc-
tlons given by the Captain of the dredge
and that previous to the Butterfly valve
being placed in the engine no accident
had ever occurred.
Counsel for the defendant on cross ex-
animation tried to prove that Sparks was
a skilled engineer but in this he failed
for what knowledge the complainant dis
played he testified was gathered by going
to several machine shops after the acct
dent occurred.
Richard Gilpin, an expert on marine
engines testified that he never heard of
a double cylinder engine getting on CEN
tire and if one did it was unsafe, danger
u at all times and something must be
radically wrong with it. He regarded
the Butterfly valve out of date and as
being rapidly replaced with ones of more
modern pattern because OF the uncertain
ty of it.
The complainant rested at this point
and Mr.. French moved for a non-suit on
the ground that no negligence on the
part of the Company had been proven
and there had been nothing produced to
show that the machinery was defective.
The motion was refused and the de-
PENDANT called as the first witness Percy
ID. Wilson, a former Secretary and Treas
urer of the Company, and at the present
testified that the engine by which Sparks
was injured was thoroughly ~overhauled
before it was placed on the dredge and
that Sparks had been warned about the
danger of prying the engine off centre by
putting the crow bar on top the cog
wheels for it would throw him into the
machinery. The witness also said thai