The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1914-05-12

intended to have every point considered
so that neither side should suffer ano
that all the facts should be brought out
For the plaintiff witnesses were brought
who testified to the fact that there was
an outbreak of typhoid fever in Mount
Holly at the time the Jones children
were affected. Experts from the state
board of health said they had inspected
the Rancocas creek about the time OF
the outbreak and they found that sew
age flowed into the stream from nearly
all the towns above Mount Holly. One
OF these witnesses said that typhoid
fever germs will carry in water week
after being deposited. Several of the
persons who were sick with typhoid fever
at the same time the Jones children had
it told that they used the water supplied
by The Mount Holly Water Company
and attributed their illness to it's use.
1t will be proper to state here that the
water company had its product analysed
frequently and typhoid fever germs were
never discovered, but it was found that
the filter had not been working properly
for long time and that certain deposits
had not been cared for, but nothing of a
typhoid nature was ever disclosed.
The defence endeavored to show that
Mr.. Jones children spent the Christmas
holidays, just prior to their illness, at
the home of their grandfather, William
H. Ballinger, ON farm in Lumberton
township, where they drank pump
water; but Mrs. Jones testified that Har-
old, who was the first one afflicted, did
not go to his grandfather's and Mr. Bal
linger SAID the water from the we'll on
his farm was of the purest character, had
been used for years and is still in use,
and there has never been a case of ty-
phoid fever on the farm.
DIR. H. R. Faringer, who attended the
children in their illness, had testified
that they had typhoid fever, but later he
said the children did not have regular
typhoid, but what is known among phV-
sicians as paratyphoid. This, he said, is
form of typhoid fever that is produced
by mixture of typhoid germs and bac-
terra known as bacillus coli, the latter of
which was shown by analysis to be in
Mount Holly water at the time of the
outbreak
Upon the cause of paratyphoid he was
corroborated by DR.. Lyman b. Holdings
head, of Pemberton, who also said that
it is not possible to produce typhoid
fever from bacillus coli, but that bacteria
will produce fever that closely resem-
bles typhoid.
DR.. Faringer further stated that para
typhoid is always reported as typhoid
fever, and the treatment is the same as
in the true type of typhoid.
This was where the surprise came to
the defence, as they had been defending
the action against clear case of typhoid
fever. The testimony that the illness of
the children might have come from the
condition of the water called for further
investigation and Judge Lloyd let the
matter go over until Friday when it was
again taken up, and after both sides had
given evidence on the point involved the
jury retired.
Judge Lloyd charged that the only
damages sustained by Mr.. Jones were
those incident to the illness, such as
doctors bills, nurses charges and board,
medicines, and such items. The matter
of personal anxiety, loss of the children's
services, or other points of a like charac-
ter, could not be considered. The ques-
ton whether the water company had
been negligent and had furnished impure
water was an important factor and on
that point hinged the decision, for if the
water was not polluted then the child
rem must have contracted the disease
from some other source.
The jury rendered verdict in favor of
Mr.. Jones in the sum of Sill.
In the case of John Kis, administra-
tor, VS.. The Pennsylvania Railroad Com
pany, nonsuit was granted. This suit
was to recover damages for the death of
Michael Kis, who was killed by a train
of cars at Roebling in December, 1910
1t was shown that deceased was guilty
of contributory negligence.
w. w. Young, engineer, VS.. the town.
ship of Lands, Cumberland county, re-
suited in verdict of no cause for action.
Young is civil engineer, of Borden
town, and was working under a contract
with Landis township on a commission
basis. He did not finish the work in
the time specified and an extension was
granted. Young claimed pay for extra
services, but the jury decided the town
ship had filled all its promises and paid
Young all that was due him.
Judge Lippincott held criminal court
on Tuesday. Daniel Anderson, indicted
on charge of breaking into the house
of James w. Clawson, in Chester town.
ship, and Fred p. Ghaul, of Burlington,
indicted for neglect of family, were tried
and acquitted.
On Thursday, Henry Harris, who
1oJ v,Nfn u
to kill Henry Marsham, of Moorestown,
was sentenced to serve from eighteen
months to twelve years in the state
prison.
Yesterday morning, before Judge Lip
pincott, the indictments against Harry
]. Kelley, Fred Ertil and John A. Cain,
were taken up.
Prosecutor Atkinson and Harold B..
Wells appeared for the state; Robert Pea
cock for the defence.
The indictments contained three
charges against each of the defendants,
namely: assault and battery on motor
man of trolley car; assault and battery
on conductor; interfering and hinder
ing trolley car from proceeding on its
journey.
The trouble occurred early on the
morning of February LIST. The trio got
on the car that leaves Trenton at mid
night. They were somewhat intoxicated
and at once became noisy and boisterous.
This disorder continued all the way to
Bordentown, where the defendants took
possession of the car, intimidating the
passengers, assaulted the motorman and
conductor and cursed and swore at
everybody on the car. The men pulled
the trolley pole off the wire and pre-
vented the car from proceeding. They
endeavored to drag the conductor from
the car and interfered with the crew in
its attempt to proceed on the trip An
officer was sent for and the trio was
arrested.
George Fredericks, conductor; William
Haines, motorman; Martin Meyer en-
ployed at Roebling, who was passenger
on the car; Elmer f. Bartlett, also en-
ployed at Roebling, another passenger
John Carter, time keeper at Roebling, a
passenger; Percy Edwards, and number
of other passengers testified in corrobor-
alton of the case as above stated.
The jury returned verdict of guilty
of all three charges against Kelly-as
saulting the motorman, assaulting the
conductor, and interfering with the
traffic of the trolley road-and the Other
two defendants each guilty of two
| charges-aSsaulting the motorman anC