Bridgeton pioneer., 1907-02-28

THE MOVE FOR
A NEW TRIAL.

A staff correspondent sends the
following to the Philadelphia Led
GER
Trenton, Feb. % -Af1davits pre-
sented 10 the West jersey and Sea-
shore Railroad Company, through its
attorneys, Bourgeois & Sooy, Of At
lantic City, to show cause why a YER
dict Of $95 425 against the railroad
in favor ofthe More-Jonas Glass Com
pany, Of Bridgeton should be set
aside. contain several startling accusa-
tions to show that the fire in the
Bridgeton plant, which 1t was alleged
was caused by sparks from a West
Jersey and Seashore locomotive
and for which the damages were
awarded, was in reality we'll under
way at the time the locomotive was
passing through Bridgeton, and that
officers of the More-Jonas Company
conspired to mulct the railroad in da-
IMAGES.
The affidavits also declare that
Samuel Davis, one of the witnesses
for the plaintiff, entered into con-
spiracy with the More-Jonas officers
whereby he was to obtain 10 per cent,
of the verdict for obtaining false tes-
timony that would show the rail-
road company to be at fault.
Following the verdict an investiga-
ton was instituted by the railroad
company to chow that the glass com
pany's charges were untrue; and the
result of the inquiry is made known
for the first time in the affidavit Just
given to the Supreme Court. The rail-
road now declares that it has evidence
from four witnesses who saw the fire
in which they assert that it was burn
ing in the glass factory before the
locomotive reached Bridgeton.
1t is declared also that the testi-
mony of Foster O. Moore, memb r
of the glass-making firm, that the fire
had destroyed about 200 tons of ash,
sand and lime valued at $3.50, which
he said was stored in the building at
the time, was not in accordance with
facts, for the reason that it has wit
nesses, employees of the establishment
| and of the railroad, who charge that
this material had been removed to an
adjoining building two months before
the fire, and that only three wheelt
barrow loads of these materials we're
in the factory at the time of the fire.
De Meril A. Clapp, of Camden, is
the railroads principal witness who
| charges conspiracy between Samuel
Davis. an agent of the MorerJ Jonas
Company, and the officers of the cor
poration. In his testimony he asserts
| that Davis admitted to him the feat
ures of the alleged conspiracy at a
social gathering in Camden after the
verdict against the railroad had been
announced. This is, in effect, Clapp's
| affidavit to the Supreme Court.
"Sam Davis asked me If had heard
of the verdict. I told him I had not
and then asked him what he got out
of it. He replied that he was to get
$10, 900. Then he told US of the agree
ment. He had been to horse race in
Brldgeton on July 4, 1905, the day of
the fire, he declared, where he had a
| talk with Richard More. The latter,
| Davis said told him he had no ground
| for suit against the railroad but
| that after some discussion he, Davis,
told More that he could get enough
evidence for him.
"Together, Davis said, they went
with Prosecutor Fithian to the yarc s
of the West Jersey and Seashore, and
that he (Davis) opened the front of
the engine. He was caught by ra
| road employe, and that he acknowi-
edged that he gave the man $40 to go
| away and not to see or krow what
was going on. The same evening,
Davis said, he made an agreement
| with More that he should receive for
his testimony 10 per cent of the YER
| dict if. it was favorable to the glass
com any"
This testimony is corroborated by
| Norman s. Proud, at whose home in
Camden Davis is alleged to have made
known the conspiracy charged by the
railroad and by Charles Ewing, a
friend of Proud's, who was at the
latter's house at the time
John B. Cattell, a Pennsylvania
Railroad machin:st, stationed at the
com pany's Camden yards, another
witness which the West Jersey and
Seashore names in its petition to the
Court, declares that on the second
night following the fire Davis, with
three other men, approached him and
asked to be shown the front end of the
engine which is alleged to have caused
the fire in the More Jonas plant.
Oattell declares that Davis told him
the men were given authority to in
spect the engine by Lew Archer, engine
dispatcher of the West Jersey, at the
same time asserting that he was seek
ing patent on an engiue screen and
diaphragm and wanted to get in touch
I