Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1914-06-25
TOMATO CASE
DECIDED FRIDAY
All of the Dividing Creek
Cases Over
MUCH TESTIMONY
Pretty Much All Day Yesterday
Was Taken by the Court
on the Case

The famous tomato cases from New
port we're concluded in court yester-
day afternoon.
They were very exhaustingly tried
and whichever way the judgment of
the court may be it will be of interest
both to tomato growers and buyers
in the open market.
INSERT
Lorenzo Russell was called to the
witness stand. Resided at Newport in
1913. In that fall had tomatoes for
sale; sold them at the landing in New
port; dealt with Benjamin Joslin; did
not see the defendant; sold on several
occasions Pass book with shipments
of tomatoes entered, which showed
sales to Mr.. Somers. 1t showed de-
livery of 399 baskets on September 9TH
and 9Th last; entries were made by
Mr.. Joslin. The price given on the
book was 151s cents a basket; had
been paid for all tomatoes up to this
last shipment; payments were made
by checks signed by E. E. Somers.
The book was admitted in evidence.
when did you first know tnat you
were not going to get pay for these
tomatoes? asked Mr.. Mckee, on cross
examination.
Il don't know it yet" was the quick
response.
why was not the price put in your
| book when these tomatoes were TAX
en?"
I The price came from Greenwich.
and it was " cent less than the price
at that place, the reason given being
that the freight from Newport was
Il cent more than it was from Green
wich.
Oliver c. Sheppard was sworn, said
he grew tomatoes in 1918; sold them
at Newport Landing; dealt with BENZ.
Joslin; had been paid for all but the
shipment in dispute; payments were
made by check signed by E. E. Somers.
Said he delivered on September 9th,
169 baskets; they were accepted by
Mr.. Joslin; it was his expectation to
receive for them the same price as at
Greenwich, less " cent per basket.
John c. Batten called, gave similar
testimony as had been given by Rus
sell and Sheppard, as to the tomatoes
loaded on the boat on the morning of
September 9Th. He delivered 266 bas-
kets; they were accepted by Mr.. JOS
lin, who had entered them in his pass
book, the same as had been done in
the pass books of Russell and Shep-
pard. These pass books were all ad-
mitted in evidence.
| George Loew, of Greenwich, said he
grew tomatoes in 1918, and sold them
TO Mr. Somers; sold them on the wharf
at Greenwich; didn't recall what he
got, or whether he sold at Greenwich
on September 6, as he had lost his
book. He said his testimony at the
previous trial Tin the lower court
was based on his book which he then
had.
While this witness was on the stand
Attorney ]. Mercer Davis, of Camden
arrived; he made his presence known
by the vigorous manner with which
he proceeded to cross-examine Mr.
Loew. He could not get him away
| from the fact, however, that he de-
livered for Mr.. Somers at Greenwich
on September 9Th, load of tomatoes
| T. B. Davis, of Hopewell, testified
that he sold tomatoes to Mr.. Somers
on Sept. eth, and he had book show.
ing the entry of the sale. The price
marked was 15c basket; the entry
was made in his book by Mr.. Williams
who wassacting for Mr.. Somers. The
book was Rdmitted in evidence.
| Walter Bradford, Newport farmer
said he grew and sold tomatoes al
Newport in 1913. Saw Mr.. Somers ir
Newport on Friday, Sept. 5th, at 8
grocery store. Heard Mr.. Somers say
he was going to load tomatoes after
o'clock on the next morning, Sept. 9Th
| but he told him there was no price or
| them. This was on Friday Afternoon
half past FIVE o'clock.
| Edward Riley, of Newport, was
sworn. He is a merchant, and the
| telephone exchange is in his store
He said he knew Mr.. Somers. He