Bridgeton pioneer., 1907-07-04
THE FIRE CASE
is BEING TRIED.

81 The third trial of the suit of the
More Jonas Glass Company against
Nthe West Jersey and. Seashore Railroad
8Company for the destruction of the
#glass firm factory by fire on July 4,
@l9O5, was moved before Judge Endi-
&cott, of Atlantic county, this morn
ing Judge Endioott is the Circuit
Judge of this circuit.
The Court House was filled with a
SIarge assemblage of people, some as
witnesses, detectives, lawyers, etc.,
and others merely as spectators.
The "a jurors recently drawn as the
struck jury were present. Lawyers
Hampton and Fithian and Walter FL.
Bacon were present for the glass COM
pany, and VIM. A, Logue and Geo. A.
Bourgeois of the firm of Bourgeois &
sooy. of Atlantic Oity, for the rail-
road company.
Before the jury was placed in the
&box Mr.. Bourgeois made motion for
u the case to GO over because of the ab-
&sence of James Naylor, material
WITNESS. Mr.. Naylor had been regu-
y larly subpoenaed but failed to appear.
The motion was strenuously opposed
by Mr.. Bacon first, and again by Mr..
Fithian, but Mr.. Bourgeois just as
Enormously opposed going to trial
with the case without the testimony
of this witness Naylur.
Before deciding on the motion Judge
Endioott suggested that MAYORS fam
ily be interviewed in an effort to learn
his whereabouts.
" Tt was claimed by the defence that
Naylor would testify that he saw the
Ire issuing from the glass factory be-
lore the train which is alleged to have
set 1t went out; that he was On his
way to that very train, and went out
"a it, and saw the fire when ne passed
on the train. This was set forth in
N affidavit before the Supreme Court.
1t was finally arranged that, If the
counsel for the defense use due dill.
genoe to secure the presence of NayIor
before the closing OF it's case and it
vas then apparent to the satisfaction
Qf the Court that this witness could
not be produced, then his affidavit be-
ore the Supreme Court might be ad-
mitted in evidence in this trial, and
The trial was orderad to proceed on
these conditions. At this juncture
Mrs. Naylor appeared in the Court
House and Judge and lawyers took
her into the library to question her as
10 the whereabouts of her husband.
The jury was sworn aud the trial
prooeeded after this conference with
Mrs Naylor. The other 10 jurors
Who had been drawn were excused.
III. Bacon stated the case to the
Qourt sand jury-the case being al
ready we'll known as a suit to recover
manages.
All Tuesday afternoon testimony
vas presented in the damage suit of
ne More Jonas glass company against
the West Jersey and Seashore railroad
0ompany.
William S. Bacon, the civil engi-
nRer, was the first " illness called In
ne case. He was called to prove the
nap which he had made of the plant
IQf the More-Jonas Glass 90. IS plant !:
8he map had been admitted in evil
Hence.
Il Superintendent David H. Lowell, of
Ambler, Pa, was called. He testi-
ned as TO engine No. 6045-tne engine
From which the sparks came which it
rs alleged fired the glass company's
plant. His testimony was short.
Foster O. Moore was sworn. Mr..
Moore testified that be was manager
pf the More-Jonas glass works In 1905 /;
mad been such manager for 10 years
previous to July 4th, 1905. He testi-
ned that the fires In the works had
gone out June 17th, 1905, and after
shat date there was no fire about the
factory. He now had no connection
Whatever with the works, being now
Employed at the Fairton glass works.
Mr' Moore, after refreshing his
memory from slips which were used
at the former trial, detailed the tools
and stock of glass in the store house
tnas was burned down and destroyed
In the fire.
n MT. Moore's cross ss-examination took
pp the entire afternoon. The cross.
examination by Mr.. Bourgeois was
Nireoted entirely to minimizing the
|ASiamage caused by the fire. The list
pI tools and implements which had
8peen given by Mr.. Moore In his direct
'estimony, was taken up and article
efser article was specifically taken up
5and Mr.. Moore was asked to explain
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