Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1911-05-04

did not hit her father. Sica then left
the house. The state rested.
The defense was that Mollonaise
had been drinking and threatened
Sica, running after him with a butch
er knife, which he seized from the
table, and Sica fired the revolver to
scare him away.
Sica testified to that effect. Sica,
on the stand, said he did not fire at
Mollonaise, but shot up in the air,
because he did not want to hit him.
The defendants evidence was cate
gorically denied by Mollonaise, An
gelo, Roy Mollonaise and Mrs Mollo-
naise, in rebuttal. The case was Civ
en- to the jury.
Prosecutor Fithian moved the case
of the state against Kate Demaio, the
little girl charged with setting fire
to the barn of Sigmund Topper, on
the Carmel road on April 10th last.
The little girl was brought into
court, and jury empaneled. Leroy
W. Loder represents the child.
Prosecutor Fithian opened the case
and called Sigmund Topper as the
first witness.
Mr.. Topper said he resided on Car
mel road on farm; there were two
barns on the farm. Kate Dimaio had
been residing with his family some
ten weeks, assisting his wife in the
house work. The fire at his barn was
Sunday, April 10th; he was himself
sorting strawberry plants in his
house; he had been out about II
O'Clock, the little girl was out-his
wife sent her out to get some water;
he did not see her, but about 20 min
utes afterward she came in and told
him his barn was on fire.
He had been out to put the COWS
out to water, and Kate was supposed
to have been to help him with the
COWS; he did not see her anywhere
about, but shortly after he had gone
back to his strawberry plants, Kate
came in. His wife sent her out then
for water, and she came in and said
the barn was on fire. This was the
first fire, on Sunday.
Mrs. Topper, sworn, said when her
husband came in from turning out
the COWS, found Kate was not in the
house, but when she came in she said
she had been helping Mr.. Topper
with the COWS, but he, Topper, said he
did not see her while he was out.
The next morning Topper came in
town to see about the insurance Of
his burned barn, while there he was
telephoned to that his barn was again
on fire. Mrs. Topper, in her evidence,
said at this time Kate told her that
she had seen Jack" Pierce with an
oil can, and that he had set the fire,
and that he said he was coming back
to burn all the barns down and kill
the cows.
On her statement, and the telephone
message, Mr.. Topper swore out war
rant and had John Pierce arrested, all
of which has been before published
in the Pioneer.
The jury in the cast of Antonio
Sica returned a verdict of not guilty
of assault, but guilty of carrying con-
cealed weapons.
In the circuit court before Justice
Clarence L. Cole yesterday before the
court adjourned for the noon recess,
a motion was made by the defend
ants counsel, in the case of Brady
against Russell, for non suit. The
court granted the motion after the
motion had been argued, by directing
the jury to return verdict for the
defendant, which was done, and the
case was ended.
In the circuit court yesterday
Judge Cole completed all the cases
ready for trial and will be here again
on June 18th, to try some cases set |
down for that date.
When Judge Tuller took his seat on
the bench in court this morning, the