The Monmouth inquirer., 1907-03-07
MONMOUTH COUNTY COURTS.

MONMOUTH COUNTY COURTS.
The trial of John DilIenbach OF Mid
dletown for assault and battery on
Andrew j. Richardson, a Red Bank
negro, as a result of which Richard.
son lost an eye, was begun at Free
hold Thursday and concluded Friday.
Prosecutor Nevius conducted the
states case. John 8. Applegate. Jr.,
who has been retained by Richardson
in civil suit against Mr.. Dillenbach
for So, 900 damages. was at the tria
in his behalf. Joseph Reilly and AL
ston Beekman represented Mr.. Dillen'
bach.
The alleged assault took place sew
eral months ago. Mr.. Dillenbach is a
farmer for Edwin @. Beekman, Rich
ardson is employed. by William H.
and James Hendrickson of Red Bank
and had taken horse to Middletowu
for them. While passing the Beck
man place on foot Il dog ran out after
him and he drove the dog away. Mr..
Dilenbach was working in field
close to the road and the dogs at
tack on Richardson brought on words
between the two men. AS to just
what happened after that.is a matter
of veracity between Richardson ana
DiIlenba Richardson's eye was
put out with pitchfork in Dillen-
bach's hands. Richardson claims the
act was without provocationi that
Dillenbach merely became enraged
because he threw stone at the dog.
Dillenbach, according to his story on
the stand, said he acted in self de-
fence.
The points brought out in Mr.. Dill
lenbach's favor were that he was on
his own property and never left it.,
while Richardson had left the road
and went over to the fence. The
fence was wire one and Mr.. Dillen-
bach said that Richardson thrust his
fist through the fence and struck him
in the nose, calling him a vile name
at the same time. MIR. Dillenbach said
he gave sudden upward thrust of
the handle of the fork, not the tines,
TO ward off the blow and the end OF
the fork struck Richardson in the
face. He did not know that his eye
was put out until after wards.
The only eye witnesses to the as
sault were two boys, sons OF Charles
of Middletown, aged about
eight aud twelve years respectively.
They were going along the road at
the time and heard the men quarrel
ing When the men got together
the boys ran and knew nothing about
the blows that were struck. Their
testimony was valuable in fixing the
exact place of the assault. They
identified the spot by the means of
three stumps and their testimony
was mistaken. Judge Foster he itat-
ed at first to let the youngest boy be
sworn. When asked if he knew what
an oath meant the boy said that it
meant swearing to- tell the TRUTH.
Asked what would happen if he did
not tell the truth he said he would
be punished by God. He was allow
ed TO take the stand and those who
heard the case said he Was remark
able witness. as well as his brother
G. r. ID. Foxwell, who had taken
of the spot were the
assault took place, WAS witness for
the defeuse. His testimony showed
that Richardson had to walk up
eiubankment in order to
9 ct near enough to Mr.. Diilenbach to
receive blow from the fork. This
was intended to prove that Richard
son was the aggressor.
The jury, after being out two
hours, brought in a verdict at half
past one O'Clock Friday afternoon ac-
quitting Dilleubach of the charge.
Circuit Court Judge Lloyd opened
court in Freehold Monday. There
are cases of considerable local inn
portance to be ,ried. The now eel
ebrated case of Mrs Ella Emmons
against Alfred Stevane to recover
damages for the bite of dog will be
tried to-day. In this case Mrs. Elm
mons formerly recovered $l3, 900 dam
ages, but the supreme court sent it
back for new trial. Patterson u
Rhome represent Mrs. Emmons,
McDermott and Enright of Jersey
City represent Mr.. Stevane. The
plaintiffs attorneys will submit the
former record of Che trial and under
the ruling of the supreme court the
circuit judge must direct for the de-
PENDANT. The plaintiffs attorneys
then purpose to file writ of errors
to the court of errors to settle the le
gal question involved in the case.
Another case of considerable mo-
ment which will be tried is that of
Mrs. Ida Brooks of Atlantic City
against the Ocean Grove CampIneet
ing association to recover $1,000
damages for injuries received through
the plaintiff falling into an uncovered
water pipe on one of the streets in
Ocean Grove last summer.
The plaintiff is represented by Her
bert Voorhees, and Charles E. Cook,
the association by Patterson &
Rhome.
ua&u goroav rour% ne Errnre