The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-06-08
TUESDAY. JUNE 8, 1915
Court.

$4,000 <A4N eSSuADAOhy thoe AhA6he AAdfC
been boiled down, but in accord with
his determination to have full hearing
on all facts that might tend to aid in
making a decision he patiently listened
to all points presented.
One of the first cases tried was that of
Mary Matachuski against the keystone
Watch Case Company. of Riverside,
under the employers liability act. Last
October the girl was employed in the
factory, and during her work was badly |
burned by some Of the acid she was
compelled to use. She claimed to have
been compelled to remain from work for
six weeks. The defendants argument
was that she need not have been away
from work more than four weeks and
that she had been paid all that she was
The matter finally came down to the
question Of the time she was away from |
her work, and that could be determined
only by the time cards of the factory. |
James M. Davis, who represented the
--nirl, and former Judge Starr, appearing!
Tor the Watch Case Company, agreed to
let the case rest and present the time
cards to the Judge at his Office in Cam
den.
The license to keep hotel at Riverside,
formerly held by Edmund L. Hoey, was
transferred to John L. Jaques, who had
moved from Easton. Pa. Francis ].
Smith opposed the transfer on the
ground that Mr.. Hoey might move from
the state and take all his possessions
with him, thereby escaping service in a
civil action on debt. Mr.. Hoey told the
court he intended to engage in other
business in Atlantic City and that he
was not going to take any of his property
out of the state, and would enter into
bond to that effect if it was necessary.
On this assurance the transfer was
granted.
Argument was heard on the applica-
ton for new trial in the suit of Mabel
r. Kiner, administrative of Harry Null
len, against the lodge-o of Knights of
Pythias of this town. The case was re-
Gently tried and the plaintiff held that
the lodge was indebted to the estate for
500 for death benefits. The lodge con-
tended that Mullen, under the bylaws of
the organization, was non-beneficial at
the beginning of his Illness. and by the
same circumstances was not entitled to
more than 500 death benefits, special
provision in the bylaws fixing that
amount. The jury rendered verdict
for 500. James Mercer Davis, represent
ing the lodge, held that the verdict was
entirely out of reason with the bylaws,
and that there was principle involved
which would be dangerous to make
precedent. III this claim was held to be:
valid there would not be anything to-
prevent members from neglecting to pay
dues and then come in and ask the full
benefits that they might think they
were entitled to.
Herbert s. Killie opposed the motion
and contended that Mullen's illness be-
gan long before he reported himself on
the lodge and that while he was really
Ill and unable to attend to his usual vo-
cation he was not in arrears for dues. |
Judge Lippincott decided that there
were good grounds to have the case re-
tried and he 80 ordered. 1t will not be
heard until the October term.
The case that took up the greater por-
ton OF the time of the court was the
hearing on the caveat to the will of Anna
M. Miles, OF Maple Shade. The original
will devised the property of deceased to
son and daughter, the latter the wife of
Edward Lambert, and made the son and
daughter executors, but put the bequest
to the daughter in trust. Later there
was codicii attached which changed
this and cut the son out. The whole
situation rests upon the point whether
the codicil was legally executed.
DR.. Wintersteen and Margaret E.
Peters were the subscribing witnesses.
The doctor said he attached his name as
witness but he was not certain whether
he did 1t In the presence of the testatrix
or after he went down stairs, although
ne was sure he saw the latter sign her
name. He was not certain whether he
used his medicine chest to support the
paper signed by Mrs. Miles. The latter
was over 81 years of age and was suffer-
ing with broken thigh, and it was GER
tain she must have signed her name
while in bed.
Margaret E. Peters was the nurse who
attended Mrs. Miles and she said she
signed the paper in the dining room.
In the room were DR.. Wintersteen. Mr..
and Mrs. Lambert and two other per-
sons. Mr.. Lambert said there was
paper which the doctor had signed and
would Miss Peters please do the same.
She did it without knowing of its con
tents, the paper being folded SO that she
could not see what was written on it.
She declared she did not see Mrs. Miles
sign 1t and did not hear her say it was
will Tor a codicil to will.
Mr.. Lambert was called to contradict
Miss Peters. He said the paper was pre-
pared by himself at the request of Mrs |,
Miles. That DR.. Wintersteen read the
paper to Mrs. Miles in her bedroom, thai
she signed it there and that Miss Peters
and DIR. Wintersteen both added their
names, Mrs. Miles using the doctors
medicine case as support for her hand.
Lambert denied everything that Miss
Peters testified and showed he evidently
had a feeling against her. Miss Peters
had said that and gave as reason thai
she allowed Mrs. Miles son to visit his
mother after Lambert had forbidden
such an act. Lambert discharged the /,
nurse soon after that occurrence and c
gave as reason that she made trouble Ii
in the family and was the cause of his
sending the daughter away to boarding :
school. To this accusation Miss Peters '
came back with the statement that she
did not make any trouble but that she
did say that if the girl was kept at home
where there was continual turmoil she
would soon become unfit for any duties.
After the two witnesses had given an
swers on the general situation Judge \
Lippincott did some questioning. He c
asked what Mrs. Miles said when the q
contents of the alleged codicil was read +
to her. Mr.. Lambert testified that she
said ''all right. To thequestion whether G
Mrs. Miles asked DIR. Wintersteen and II
the nurse to sign as witnesses, Lambert