Gloucester County Democrat., 1909-06-24
NATHAN FOUND NOT GUILTY
OF SELLING TUBERcUL0Us cows.


the State v. Harmon Nathan for sell
ing cattle affected with tuberculosis.
This indictment grew out of the sale
by Nathan of bunch of p cattle TO
VIM. Goldy of this city, for the sum
of $1,000. A few days later Mr.. Goldy
sold the cattle at public sale; one OF
the purchasers had the animals he
purchased tested for tuberculosis and
they responded to the test. A test of
the balance showed all were similarly
affected. The cattle came from
the Rosengarten estate, of Philadel-
phia, that owns and operates a large
dairy at Winslow, Camden county.
Prosecutor Rogers proved by Veter-
marian McGill, of Haddonfield, that
he had been called by the manager Of
the Rosengarten farm, to test the cat
tie for tuberculosis, and that he had
marked those affected.
He proved by N. f. Ennis, the farm
er for the Rosengarten estate, and
VIM. H. Ball, superintendent of a
Philadelphia Trust Co. who has charge
of the Rosengarten real estate, that
they told Nathan these cattle had been
condemned for tuberculosis; also by
VIM. II. Robinson, general manager
of the Rosengarten farms, that he had
told Nathan the cattle had been con-
demned; by VIM. Goldy, Parnell Goldy
and Winfield Park, who purchased from
Nathan, that Nathan told them he had
marked the cattle himself, and that
they were A and in good shape.
He also proved by DR.. T. B. Rogers
that tuberculosis in cattle is a con-
tagious and infectious disease.
T Eof
represented Nathan, first called a mum
Der of character witnesses who testi-
ned to Mr.. Nathan's good reputation
III and near Clayton for honesty. These
witnesses were: Former Surrogate
Dubois and Surrogate Silvers, Mayor
Nichols, former Sheriff Wilson L.
Jones, Sam1 Silvers, secretary of the
county board of taxation; Lee T. Hal
leck, Thos. Miller, Justice Saml Nc
Curdy, Freeholder Grant Garwood aid
VIM. Mersehon.
Harmon Nathan testified that he
went to Clayton from West Virginia
four years ago aud bought the farm
OF zoe acres on which he resides with
his wife and six children In addition
10 farming he deals somewhat in cat
tie-buying and selling. The first deal
ing he had with the Rosengarten es-
tate was short time before he bought
these cattle he bought bull from
them for S56 ,and three pigs for S21.
They delivered these at Williamstown,
and when he went after them, Mi.
Ennis, who took the money, said they
had nice bunch of cows for sale. He
corresponded with the Rosengarten
estate in Philadelphia and on the day
ne got the second letter at about 4
O'Clock, he got a phone message from
Robinson to come over to the farm at
once He boarded train and got
there about O'Clock that night. Mr..
Robinson took him to the barn and
by the light of a lantern showed him
all the cows Stayed at Ennis house
all night, and early next morning, af-
ter looking over the COWS, and seeing
them MIXED, offered $625 for 21 head.
All the COWS had numbers on them.
They replied that half dozen other
dealers had offered $500. Went to
Philadelphia with Ennis and saw Mr..
Ball, and after some bargaining he
bought them for 1926. None of these
people told me the cattle had been
condemned but at several places Ennis
said in the presence of witnesses. 81
he ever owned Arrangements were
made to deliver the cattle to Nathan
at Williamstown, which was done, and
a draft for the amount was paid.
At 4.30 Court took a recess till 8 a.
N. Tuesday.
Fined for Int0xicati0n.
Judge Starr called to N. F. Ennis,
witness for the State, and one of those
prominent in the deal, and after the
jury had gone out fined him SO for
getting in heated condition when
called as a witness in court. Ennis
protested that the Judge had wrongly
diagnosed his case, but It was $40 or
Jail for the night, and Ennis accom-
panied by an officer, started out to find
friends who would advance ten spot.
Tuesday Morning, June %.
Continuing his testimony Nathan
said that the first he knew the cattle
were tuberculous was on the day he
was arrested; he told Mr. Goldy where
he got them; when their condition was
known he paid GoIdy back his money,
but the Rosengarten estate has never
paid him back his money.
Nathan's cross-examination was a
reiteration of his direct testimony.
Mrs. Nathan, who went to Winslow
and paid for the cattle, testified that
on her arrival there Ennis, accom-
panied by his wife and daughter. took
her through the stables and showed
her the cows and said he sold her hus-
band the best bunch of cattle he ever
owned The milking was in progress,
and the product of some of the cows
was weighed for her benefit, before
being shipped to market. Ennis told
her the cows cost the estate $110 and
s125 and when she asked why they
were selling them at such low price,
he replied, that the dairy was unproft-
able since Robinson was put over
him, and they we're closing it out. DIR.
McGill told Mrs. Nathan the day the
cattle were killed, that he did not
mark all the cattle because he did not
think it necessary, that he had been
testing cattle for these people for two
wears and he had advised them to get