Five Mile Beach weekly journal., 1921-07-29
COURT NOTES
SAUNDERSON SAID WIENER Is
SLOW IN PAYING HIS BILLS


notables present were ex-Mayor Hen
dee, John T. Byrne and City Clerk
Alfred Winterburn. The Loefier case,
which was slated for Wednesday, did
not come up, a special hearing having
been made on Monday and the Wednes-
day hearing held " to Friday.
The case of the State VS.. Albert M.
Wiener, who a indicted by the Grand
Jury for assault upon Joseph Saunder-
son, vas first called. DR.. Wiener plead
mot Guilty"
The complaining witness, Saunder-
son, was first called. The complaint had
been made before Justice of the Peace
James A. L. Harris. ~Saunderson testi-
fed that he went to Wiener's store
on the boardwalk on June 14th to col
lect a bill for some plumbing he had
done for him. He had already been
to collect the bill three or four times.
The defendant, he claims, told him to
come again on the next day at nine
thirty in the morning and he would
settle, which he did. He was rushed
out of the store by Wiener and his
brother, when he appeared the next
day. Outside the store he says the two
brothers threw him down, tore off his
eye glasses and kicked him so badly
that he was still under a doctors care.
He went Immediately to DR.. Mayhem.
Wiener, so he says, wanted to reduce
his 500 bill by $40, after he had obliged
1 than hu rvnrkin0 on Gof11rdov ond
Decoration Day. S~aunderson a Y that
he held a board in front of him as a
shield, and that he did not call Wiener
a dirty cur and a liar" or bite his ear.
Wiener, he said, did not strike him
but kicked him while he wac lying on
the boardwalk.
James Asam's evidence was that he
knew both ~Saunderson and Wiener by
sight. He went to the boardwalk with
S~aunderson, who is his employer, to
look, so he thought, at a plumbing
job. He sat in the pavilion opposite
Wiener's store to wait for ~Saunderson.
He heard loud voices and turned
around and saw S~aunderson on the
boardwalk and Wiener with his foot
raised as though to kick him. He
did not see the foot strike. Later in
the day, he said, S~aunderson seemed
to be in a great deal of pain while they
were working, and couldn't keep UP
his end of the work.
DR.. Mayhem testified that he treated
Saunderson for a fractured tenth rib
and a confusion of the abdomen at
about noon on June 18th. He started
to tell what Saunderson told him but
Mr.. Lloyd, the lawyer for the defense,
objected. Prosecutor Cole pointed out
that what was said to professional men
was legal evidence. Mr.. Lloyd again
objected on the ground that too long
a time had elapsed. His objection was
not upheld by the Court. DR.. Mayhem
went on to say that Saunderson's testi-
mony was the same as the story that
he told him on the morning of the acct
dent. The confusion, he said, was CEN
trail and just below the ribs. The
compliments condition was improv-
ing quickly, he said. When cross ex-
amined, he said that the injuries could
have been caused in other ways than
by kicking.
Edward VanSciver, a carpenter, tes-
titled that he had been working at his
trade on the boardwalk at the time in
question and had seen the two Wieners
rush S~aunderson. One of them said
Drop that board!" and the other,
Take his glasses off" When cross
examined, he said that he did not
know Saunderson very well.
Albert Wiener took the stand in his
own defense. He said that ~Saunderson
came to his store in the morning and
said that he would not leave until he
got his money. Wiener disputed the
bill as exorbitant, saying that he
charged $3.50 an hour. S~aunderson
offered to reduce it $40, but Wiener
said that that was not enough. He
ordered S~aunderson out of the store
and accompanied him to the door.
Two hours later Saunderson appeared
lat the store and used abusive language.
Saunderson, he said, held the board
as though to use it as a club. Some
one-he did not know-took it away
and they grappled and fell. AS they
fell Saunderson bit his ear. They
were four of five feet outside of the
store.
William ]. Peddie, who operates a
boardwalk booth, four squares from
Wiener's, said that he saw Saunder-
son pick up a board as though to use
it as a club. He heard someone say
drop that board!" and take it away
Then the two grappled.
Miss liza Roy was the next witness
She said she was employed by Wiener
at that time and saw the alteration
She was at the cigar stand and Saun'
derson appeared in the door and said
where's that kike boss of yours? TIL
dirty cur who doesn't pay his bills
Then Mr.. Wiener came out and asked
SsyxyI 49, III <ho f,,cc ahor,f9p Coundor