Five Mile Beach weekly journal., 1921-09-16
CIVIL GASES HEARD
AT COUNTY COURT
Criminal Cases Start Next Monday
Before Supreme Court Justice
Charles c. Black and Free
holders Trials are First
On list
On List
A JURY FINDS THIR-
TEEN INDICTMENTS

Court opened for the September
term on Tuesday with Ralph w. b..
Donges, Judge of the Circuit Court,
presiding, and but three of the civil
cases listed were reached, all others
having either been moved ahead or
settled, with the exception of one, No.
7. Frieda Rasinger VS.. Florence Ire
dell Berger. In this case Samuel +.
E~ldredge, attorney for the defendant,
stated that his client was too i'll and
Judge Donges referred the case to
Judge Eldredge with the understand
ing that it be tried at this term.
A Case of Chickens
The first case tried was that of Will
liam C. Feaster VS.. William r. Swain
and Jennie Swain, all of Cold Spring,
and is the result of damage claimed
to nave been lone to an oat field OF
Feaster's by chickens owned by Mr..
and Mrs. Swain. The case took Tues
day and a part of Wednesday, and was
brought, so counsel for the complain
ant said, not so much for the monetary
!. value, but to settle the question OF
whether or not people had a right to
allow their chickens to destroy other
peoples property. The amount of
damage claimed was only $50. Mr..
and Mrs. Swain claimed that when Mr..
Feaster told them he was going to
plant oats in his field adjoining their
house, they shut their chickens up and
did not allow them to run at large, but
that on one or two occasions a few
of them in some way got out. Wit
nesses testified that they had looked
at the field of oats recently and from
the road could not see that any real
damage had beer done. The jury, of
which Mark B. Reeves, of Wildwood,
was foreman, brought in a verdict OF
no cause for action. G. A. Bonnell,
represented Mr.. Feaster and James
M. E. Hildreth represented Mr.. and
Mrs. Swain. One woman, Mrs. Carrie
B. Varney, of S%trathmere, served on
the jury.
Partnership misunderstanding
The next case on Wednesday was
that of Daniel H. Russell VS.. David
w. Pierson, of Cape May. This was an
action to recover what Russell claimed
was a share owned by Pierson for the
maintenance of an office used by jitney
men in that city. Several jitney driv- !
ers had agreed to pay the proportion
ate share of the expense of such an
office for rent, light, heat, telephones,
etc., pro rata for the number of cars
they had which used the Office. The
amount asked for was $347.39 for the
office, $50 for money loaned Pierson
and $15.14 interest, making a total of
S422.53. Testimony showed that Rus
sell had looked after matters at the
office, paid all the bills and charged
the pro~portionate amount against each
of the jitney men. Pierson claimed
that they were general partners and
wanted an accounting of the jitney
business as we'll as of the store bust
ness which was later added to the
office, the business of which was not
questioned. The jury, with Paul W.
Hand, of Court House, as foreman,
brought in a verdict for the full
amount for Russell. James M. E. Hill
dreth represented Russell and ex-
Senator Lewis T. Stevens represented
Pierson. There was also one lady on
this jury, Mrs. Olive McAllister, of
South Seaville.
Recovered for Labor and Material
The third and last case heard on
Wednesday was a suit brought by
Raymond Broadway against Mrs. Martha
A. Beebe, both of Cape May, to o
$281.93 for labor and material used in
making alterations and repairs to her
home on Second avenue, Cape May.
There seemed to be little dispute yer
the correctness of the bill, but Mrs.
Beebe claimed that the work was very
poorly done, the material used very
poor and she had suffered damage
equal to any amount due the complain
ant. She said the paint stuck, the
windows could hardly be moved, a
part of the flooring put in had bulged
and the roof leaked after it had been
painted. The jury, with Carl Baker,
of Tuckahoe, as foreman, brought in a
verdict of $238.06 with interest from
the date of the bill. rendered, which
was June 10Th. There was also a
woman on this jury, Mrs. Varney being
called for the second time.
At the conclusion of the trial Judge
Donges excused the jurors until Mon
day morning of next week at ten
o'clock, daylight saving time. Crimi-
nal cases will be taken up on Mon
day with the Freebooter cases in
the lead. Supreme Court Justice
Charles c.. Black will be in court to try
these cases.
Findings of Grand Jury
The Grand Jury brought in their
findings Wednesday afternoon, having
found thirteen true bills, indicting six
teen persons. They were as follows:
Mary Forte, %disorderly house, Wild
wood.