The Mount Holly news., 1914-10-06
Court.


heard the case of George Hendricksor
of Bordentown, VS.. the Public Servic
Railway Company. On May 9, 1915
while in the employ Of the company a
Plainsboro, Hendrickson fell from pol
and received injuries which he claime'
permanently damaged one leg. H
sued under the employers liability act
Decision was reserved.
On Thursday Prosecutor Atkinson
managed to have number of law break
ers before the court.
Howard Brown pleaded guilty to steal
ing peaches from the farm of Georg'
Baggs, at Delanco. Brown was ordered
to pay the costs and to refrain from
drinking liquor for at least one year.
/ Arthur Cameron was Eanother fellow
who attributed his position to the use o.
strong drink. He had made threats
against his sister. He was given sen
tence similar to that imposed upon
Brown.
George Washington, colored, was sent
|
he had assaulted his wife.
Randolph Wolohon was the man who
committed murderous assault upon
Louis Stevens couple of weeks since.
Both men were in court and they agreed
that they were so drunk that neither OF
them could give an intelligent idea OF
how the stabbing happened. With this
state of affairs before him Judge Lippin-
colt was not able to act, and he laid the
case over until he could get more infor-
nation.
The sum of $500 bail given by Margar-
ct Arndt and DR.. C. B. Lambert, for the
appearance of Wilbur w. Pippitt, was
ordered returned, the prisoner having
been apprehended and now serving a
term in Jail.
On Saturday morning Randolph VOL
ohon was brought before Judge Lippin-
colt for sentence ON a charge of assault
and battery, with intent to kill. The
victim of the assault was Louis Stevens,
and the affray took place at Bordentown.
Testimony was taken to learn the facts
about the assault. Both men were some
what intoxicated. Stevens wanted to
wrestle with anybody and everybody
and particularly with the defendant.
The latter finally struck Stevens with
his fist and fight ensued, during which
the defendant drew knife and stabbed
his opponent in the stomach. Wolohon
was in hospital one week as q result of
the wound
Robert Peacock made plea for lem
iency for the prisoner. He thought, that
as WOlohOn was the agressor, placing
Stevens under probation would be suffi-
cient punishment. The man is very
penitent, has heretofore borne a good
reputation, never before having been ar
rested, and promises never again to touch
Intoxicating liquors.
Judge Lppincott said the policy OF the
court is to place defendants under proba-
ton whenever possible, but this had
been a serious affair and might have re-
suited in manslaughter. He sentenced
Wolohon to the state reformatory.
Testimony was taken to determine
whether the Hainesport Mining and
Transportation Company is liable for
damages, under the New Jersey en-
ployers' liability act, to Vera S. Lyons,
widow OF Elmer E. Lyons. Lyons was
captain of one Of the company's sand
dredges, and while it was anchored in
the Delaware river, uear Roebling, on
December q, 1913, he was shot and kill
ed by Andreas Plewska, deck hand, as
a result of dispute about wages.
Harold b. Wells appeared for the
widow; Thomas l.. Gaskill represented
the company.
Mr.. Gaskill contended that the crime
took place in Pennsylvania; that it was
not part of the duties of the captain
to pay or adjust wages; that the employ
ment OF Lyons, when he was made cap
tain of the dredge, took place in the
office of the company in Philadelphia,
and therefore was contract made in
Pennsylvania, and that Plewska was ar
rested and tried in Pennsylvania for the
crime.
Mr.. Wells replied that it makes no
difference where the agreement of en-
ployment was made, but the place of
employment governs; that the company
is New Jersey corporation with its
registered Office at Hainesport; that
Lyons and his dredge were almost en-
tirely engaged in New Jersey, only oc-
casionally going on the Pennsylvania
side of the river; that the captains duty
is to keep the time of employees on the
boat and to adjust differences or disputes
relative to the hours that the men had
been employed; that as a result of such
a dispute with Plewska about wages, the
captain was shot and killed as a result
of Plewska getting angry because he was
not allowed all the hours he claimed he
had worked on the boat; that because
Plewska was taken to Bucks county for
trial was not an incident to prove that
the crime took place in Pennsylvania,
as that state and New jersey some wears
ago passed a joint statute providing that
when crimes are committed on the Della
ware river, the defendant shall be tried
in whichever state he happens to be ar
rested.
Witnesses were then called to substan-
tiate the statements made by counsel.
The widow testified that at the time
the crime took place she and her hus-
band made their home in Bordentown;
that they lived there when Captain
Lyons was given employment by the
company; that for several months she
was on the boat with her husband and
that part of his duties were to hire and
discharge deck hands and keep the time
sheet of hours of employment.
Thomas Burris, captain of another of
the company's dredgers said it was part
of his duties to hire and discharge men,
keep the time sheet, which is sent to the
company's Office, and receive the money
from the Office and pay the employees of
the boat. Disputes relative to the num-
Der of hours made by the men are re-
ferred to the captain for adjustment.
Inspector Reybold, government en-
ploye, whose duty is to keep a daily
record of the location of dredgers, testified
that from December IL to 81, 1918, Cap
tain Lyons dredge was anchored off
| ROebling 1900 feet west of the centre of