The Penn's Grove record., 1922-02-17

who was indicted by the Grand Jury
at the December term for both afro
cious and simple assault and battery
upon Miss Catharine DalbOw, of Upper
Penns Neck Township. The case con
sumed the entire day but the jury was
but a short time finding the defendant
guilty of assault and battery. Cataldi
was represented by Attorney William
b. Knight, of Camden, who is consid-
ering a motion for a new trial, and
pending this sentence was deferred
until March I'd.
That Miss Dalbow was seriously
hurt there can be no question for she
appeared in Court on Friday on
clutches and her condition won for
her the sympathy of all present.
Miss Dalbow resides in Lower
Penns Neck Township, near the Canal
Bridge, and on November 18th last
had been in Penns Grove to do some
shopping. About nine o'clock as she
was about to board a trolley car to
bring her home she was struck by an
automobile driven by Cataldi, knocked
to the pavement and dragged several
feet. Her left hip was fractured, her
knees lacerated and her face and head
cut. She remained in a dazed condi-
ton for several days and was confined
to her bed until January 9th, and is
now only able to get around by the
use Of crutches, and is still under a
physicians care.
Miss Dolbow's testimony was to the
effect that she did not see the automo-
bile nor hear any signal from the
driver. She was just stepping into
the trolley car when she was struck.
The defense attempted to show that
where the trolley halted was not a
regular stop, but was simply a derail
station on West Main Street, Penns
Grove. This was d-isapproved by Su-
perintendent Berry, Of the Traction
Company, and the motorman, who de-
clared that ever since the trolley line
was started, this has been a passen-
ger stop and every patron Of the line
knew it. The motorman said that he
had come to a full stop, opened the
door of the car for Miss Dolbow to
step aboard when Cataldi came along
and struck her. He testified that she
was dragged about twenty feet ahead
Of the trolley and was pulled from be-
tween the front and rear wheels. The
motorman estimated that Cataldi was
driving at about twenty-five miles an
hour.
Drs. Baker, Sutherland and Prigger,
all of Penns Grove, testified as to the
injuries to the young girl, the latter
stating that she was still under his
care.
Many of the passengers who were
in the trolley at the time of the acct
dent corroborated the motorman that
he had brought the a to a full stop.
The defense was that the girl ran
into the automobile but before it was
presented Mr.. Knight moved for a
verdict of not guilty because it had
not been shown that his client was
guilty of any criminal act.
Cataldi claimed that his car was
running in the rear of the trolley and
just before the accident had attempt
ed to pass. it; that he was about mid
die way of the trolley when the girl
ran into his machine. He at first said
that he did not see the girl until she
was struck but on cross examination
changed and said that he saw her
running down the street to catch the
trolley andtagain that he first saw her
standing in the doorway of a store.
Miss Dolbow denied she had even been
in any store, but was standing on the
curb as the trolley approached and
had only to walk out to it.
Cataldi further testified that he
! stopped his machine at once and did
not go ahead Of the trolley. That the
motorman had not come to a full stop
when the girl was struck. All of this
was in spite of the direct denial of the
States witnesses. He declared fur
Their that Miss Dalbow had said to
him at the doctors office that it was
not his fault.
Attorney Knight produced passen-
gers who were in Cataldi's jitney
when the girl was struck and they
each testified that the trolley was
moving at the time. Some of them
said they saw the girl run from the
sidewalk.
In answer to Judge Wares question
one of the witnesses said there was
just ten feet ten inches between the
trolley step and the curb.
1t was late in the afternoon when
the case went to the jury, but it was
only a short time before they returned
with a verdict of assault and battery.
AS Attorney Knight intimated to
the Court that he might apply for a
new trial sentence was deferred until
March I'd. The bail was increased
from $500 to $1,000.
Milford Bond, the colored boy con-
victed of stealing pigeons from Wal
ter S. Baker, in Salem, was sentenced
to the County Jail for four months
and to pay a fine of $50 and costs.
Joseph Gentiles and Antonio Train,
of Penns Grove, who pleaded non vult
to uttering checks, were each fined SIS
and costs. 1t was stated that this
was not the first time this has been
done.