Five Mile Beach weekly journal., 1921-10-07

been laId. Inc jury tore up SectlOns
of the road at the solicitation of At
torney General William Newcorn, after
witnesses gave contradictory testi-
mony as to the depth of the concrete
in the roadway.
Shortly before court opened, Robert
Warwick attempted to attack Robert
McCarter, formerly Attorney General,
one of the defense attorneys, as Nc
Carter was measuring concrete work
in front of Warwick's store in the
heart of the business section, about
which the latter testified in court.
Short and ugly words passed between
the two men, and Warwick rushed
toward McCarter to strike him when
he was overpowered by James M. E.
Hildreth, formerly a Judge.
Testiies to Curb Width
Yesterday Mr.. Warwick while on the
witness stand gave measurements
about the width of the gutter in front
of his store on Mechanic street. The
attorneys for the defense took excep-
ton to the testimony of Warwick and
before court opened this morning Mr..
McCarter, Jay Remington, a civil en-
gineer, Mr.. Hildreth and several other
civil engineers went to the spot in
front of Warwick's store and started
measuring the curb.
Warwick then came up the street
with a bundle of mail in his hand and
watched the delegation measuring the
gutter: Remington completed his
measurements and then Mr.. McCarter
turned to Warwick and said with a
laugh, "Mr. Warwick, your testimony
yesterday was wrong; your measure
ments were also wrong and I don't be-
lieve o told the truth"
Warwick dropped the letters in his
hand and sprang towards Mr.. McCar-
ter. Before he had advanced three feet
he was seized by Mr.. Hildreth and Mr..
Remington.
LET me loose" he shouted. "Let
me get a crack at him. He won't talk
to me like that"
Although shorter and lighter than
Mr.. Warwick, Mr.. McCarter backed
to the center of the roadway and said
to the men holding Warwick, go
ahead, gentlemen. turn him loose; he
won't advance very far before he
Cooler heads held OF to War
wick and persuaded him of the futility
of street fighting. When he saw that
hostilities were off, Mr.. ~McCarter
turned and walked to the courthouse.
"I1l get you yet" Warwick shouted at
him, at which McCarter smiled and
bowed.
Court Sanctions Experiments
When court convened in the trial of
the our Freeholders, Attorney General
Newcorn asked Judge Eldredge if the
jury might tear up sections of the two
roads and measure the concrete bed
themselves. The attorneys for the de-
tense stated they had no objections.
Five minutes later the jurymen,
armed with hammers, chisels, picks
and shovels, under the watchful eye
of Sheriff Mead Tomlin, the attorneys
on both sides, Judge Eldredge and
many spectators filed out of the
courtroom and marched down Me-
chanic street to Goshen road.
The jurymen selected a spot, and
two of the jurymen took Off their coats
and started to dig a hole in the con-
crete. 1t took them a few seconds to
learn they were not chiseling into a
o1Cford nin ond fhau ~arn cna-
lieved by two other jurymen.' After an
hours work a large hole in the road
was completed. The concrete at that
spot measured five inches, two below
that called for in the specifications.
Another hole was dug, five feet
away, and eight inches of concrete was
brought to light. That average was
maintained in all of the borings made
by the jurymen along Goshen road and
also on Mechanic street. AT 8 o'clock
in the afternoon, four hours after they
started out, the jurymen returned to
the courtroom, where the trial was
resumed.
Civil Engineer Testifes
The first witness called by the state
at the afternoon session was Francis
Sherrid, of Newark, a civil engineer.
Sherrid told of the measurements he
made of the holes opened by the jury
men. He also told of borings made
earlier in the year, when the concrete
only averaged five inches.
IF this fve-inch average was main
tanned on the entire 5000 feet of work
what would have been the saving to
the county," the witness was asked
by Attorney General Newcorn.
1.-THE saving would have been SO, 800
on concrete and $4,000 on the cost Of
material" the witness replied.
Mr.. McCarter interrupted the wit
ness and asked, you also found con
crete eight inches thick aleng the
road; now, if this average had been