Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-07
JUDGE MARTIN
IS THE VICTOR
IN CIVIL SUIT
McNeaI Loses Action Against
Jurist-DecIares He Will
Appeal Verdict.
IFrom n star Correspondent ]

uSHce III tue case WAS ldheH before
Supreme Court Justice Donnelly. A
sealed verdict was returned yesterday
afternoon and opened in court this
forenoon.
In the suit Mr.. McNeal alleged
Judge Martin had converted" to his
own use money belonging to McNeal.
The plaintiff claimed that the sum of
$1,497u was due him from Judge
Martin. McNeal was in court when
the verdict of the jury was an
nounced. Judge Martin was not
present
1t was apparent that McNeal was
disappointed at the result of the trial
He did not mince his words in saying
SO. will you take any further steps
in this matter?' he was asked.
II most certainly shall,' was the
reply.
What will they be?" asked the re-
porter for the Evening Star.
Il shall bring an action for fraud
against Judge Martin, probably in the
United States Court, and will also
bring a perjury charge against Ru-
dolph Pullman"
AT this point gentleman who had
been associated yesterday with Isaac
NJ, Miller, McNeaIs counsel in the
trial of the case, stepped up to Nc
Neal and said, Don't be talking
about those things now. Wait until
the proper time comes
McNeal followed the advice of his
counsel and walked away with him.
Real Estate Deal.
The suit arose out of a real estate
transaction whereby property in the
Communipaw section of Jersey City
belonging to the Neptune, Mildew and
Waterproofing Company was sold to
the Central Railroad of New Jersey
for $4,000 A mortgage of $1,000. un-
paid taxes and other leius against the
property brought the net proceeds of
the sale down to S2,995.42.
This was In March, 1913, at which
time Frank W. McNeal, the plaintiff,
was in Panama. He returned from
Panama on April 2, 1918, and on the
same day claims he heard of the sale
of the property. On the following day
McNeal. alleging, that he was secre-
tary and treasurer of the Neptune
company, called on Judge Martin at
his chambers in the Court House Ia
Newark and demanded the check for
S2,9s5.42 given In payment for the land
Judge Martin declined to turn over
the check, stating that McNeal was
not the secretary and treasurer of the
company, but that Maxwell Wagner,
a law clerk in Judge Martins New
York office, As Cedar street, held those
offices.
Back of this demand of McNeal's
lies tangled history of the Neptune
Mildew and Waterproofing Company,
all of which was threshed out before
Justice Donnelly today. The latter
intimated several times that he was
on the verge of throwing the matter
out of court owing to the doubtful
legal status of McNeal's claim, and
plainly said in submitting the case to
the jury that the only reason he did
so was the fact that McNeal in his
testimony had stated that Judge Mar
tin, on or about April 5, 1918, had Of
fered to give McNeal $1,000 to settle
the claim.
This allegation was emphatically
denied by Judge Martin. but Justice
Donnelly ruled that the allegation and
denial were matters of fact for the
jury to determine wherein the truth
laid. The jury was out only half an
hour before returning its sealed YER
dict, and it was the general opinion
of those who had heard the evidence
in the case that the jury had followed
the plain charge of the justice and
that when the verdict was opened to-
morrow morning it would be found to
be a verdict in favor of the defend
ant, Judge Martin.
McNeal was the only witness
called for the plaintiff, and he told in
detail the history of the Neptune
Company. 1t was very apparent that
he was bitter toward Judge Martin
and also toward Rudolph Pullman,
president of the Neptune Company
and former bosom friend of McNeal.
McNeal was a hard witness to handle
and insisted on answering questions
in his own manner, all his answers
tending to show an an1muS against
the two men, Martin and Pullman.
The Neptune company was organ
ized in 1899, he said, at which time
Mrs. Rudolph Pullman, brother of
Mrs. Pullman, John Walney, and
Lindon S. McNeal, brother OF the
plaintiff. were the incorporators. The
capital stock of the company con-
sisted of 200 shares of which Mrs.
Pullman held ninety nine. Walney
one and Lindon S. McNeal 100. Mrs.
Pullman was elected president of the
company and McNeal secretary and
treasurer, with Rudolph Pullman as
general manager.
Later Mrs. Pullman died, but no
change was made in the office of
president. In 1902 the company got
into financial difficulties and Frank
w. McNeal, who had furnished the
money for his brother TO go into the
company, alleges he took over the in
-. . IL. nd xu9C
secretary and treasurer of the COM
pany. After his election he caused
to be issued to himself new stock to
take the place of that held by his
brother, who had retired.
This new stock was signed by Ru-
dolph Pullman, as president, and f.
w. McNeal, as secretary and treas
urer. Mr.. Pullman admitted on the
witness stand yesterday that he was
not the president of the company at
the time he signed the stock certif1-
cate, but did so acting as executor
and trustee of his wife's estate.
1t is on this stock that McNeal
now bases his claim that he is the
secretary and treasurer of the COM
many and owner of one-half of the
stock On the basis of
such ownership he alleges he Is en-
titled to one-half of the S2,995.42 paid
by the Central Railroad Company OF
New Jersey for the Communipaw
land, and it is this same one-half, or
81 ,49771, that he claims Judge Mar
tin, by withholding from him, has
conversion of the property.
4
New Sunday Train to keansburg.
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shore Branch points will leave Broad
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