Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1914-06-25
WHOLE NO. 1882


deliver tomatoes on the boat He
said on the afternoon of September 5,
he heard Walter Bradford ask Mr..
Somers when he could deliver toma-
toes. Mr.. Somers said you need not
deliver any today, but you may deliv-
er tomorrow on the boat, anytime af-
ter midnight on Saturday morning.
He said the telephone message came
to him before o'clock Saturday
morning from some one he did NOT
know, to deliver a message, to the eff
feet, not to buy any more tomatoes
not to load any more on the boat. Had
heard Mr.. Somers say several times,
as to the price of tomatoes, that ic
was to be the same as at Greenwich
less " cent basket. He didn't know
the voice of the man telephoning to
him.
Mr.. Somers was called to the stand
by Mr.. Fithian, and testified that Mr..
Padgett was in his employ and tele-
phoned the message alluded to, but he
did not give the message. 1t was
given by Mr.. Williams, his other
| agent.
He was subsequently asked by Mr..
Fithian, who was his agent at New
port, and he said it was Benjamin JOS
lin.
Captain George McQuilkin, sof Cam
den, testified that he was engaged by
Mr.. Somers to carry tomatoes for him.
He said he had barge at Newport
and received instructions from Mr..
Somers ON Friday afternoon not to
load any more tomatoes on that after
noon, but on the next morning TO load
any amount of tomatoes he could get
lon.
Wilman Ware, an employees of Mr..
IJoslin, was called by the plaintiffs,
but he didn't seem to know much with
any very great positiveness.
With this witness the plaintiffs rest
ed their case.
Mr.. Davis moved for a non-suit in
| the case. of John C. Batten, because
on his crcss-examination he was made
to say that he did not consider the
Iprice at Greenwich less 1s cent to be
the contract of SALE
| The motion was denied. Mr.. Davis
, | then called Mr.. Somers to the stand
! | in defense.
He gave quite a history of his to-
! f1ato transactions, but, aspto the price
Iof tomatoes, he declared there was
Ino truth whatever in the assumption
| that the price at Newport was guaged
by the price at Greenwich.
II He said he told his agent, Joslin, to
allow the farmers at Newport to put
their tomatoes on the boat at any time
saturday morning after midnight; but
| at their own risk; they must not put
them on the wharf. They might get
Isale for those loaded on the boat, but
| he knew if they were unloaded ON the
. WHARF they would hardly get sale for
them.
| 1t was alleged by Mr.. Russell that
on Sept 1st, the price was made to
be " cent less than at Greenwich; his
Testimony confirmed this when his
books were examined. On Saturday
he purchased over 5000 baskets at
Greenwich, although he had declared
there was slump in the market.
Benjamin Joslin was sworn and
, testified that he was agent for Mr..
, Somers at Newport. He said Mr.. Som
= ers had given him instructions TO load
) the tomatoes on the boat after mid
, night, but Ben" said Mr.. Somers
! ben, for Heavens sake, make nc
J Iprice; we are liable to lose our mark
, ct any way
II He said they stopped loading on the
boat about 6 o'clock Saturday morn
, L ing, and some of the farmers hauled
their loads away.
Il Everett Williams Somers, Green
, witch agent, and inspector and buyer
for the Campbell Soup Co., gave some
' Testimony.
Il Chas. Wentz, Capt. Wright Mr.. JUS
, tice and two other immaterial wit
nesses were called and the defense
! rested.
Mr.. Davis moved for direction oi
! verdict, that is, a judgement for de-
a fendant in the case of John G. Batten
. against Somers, and non-suit as to
! the other two claimants. The mo-
a tions were denied.
The summing up followed. Mr.
: Davis made very eloquent address
: to the court in which he made the
!, points of the defense as he saw them
, fairly scintillate.
Il Mr.. Fithian summed up in his usua,
! clear, analytical. positive and convinc'
ing review of the evidence.