Five Mile Beach weekly journal., 1922-12-15

]. M. Brown, Cape May.
Daniel Focer, Cape May.
Jennie Madden, Tuckahoe.
Chas. Foster, South Seaville.
John T. Huff, Cape May Point.
Chas. Corson, Goshen.
Frank Cassidy, Cape May.
Loring B.. Eldredge, South Cape May.
George w. Hoff, Petersburg.
Frederick N. Hitner, South Seaville.
Chas. F. Garretson, Court House.
Daniel Bell, Wildwood.
Shep. w. Coombs, Wildwood.
John C. Graham, wildwood.
Chas. C. James. Dennisville.
E. T. Nye, Wildwood.
w. M. Beers, wildwood.
Harry Bussel, Cape May Point.
Philemon Dickinson, Cape May.
The balance of the jury called were
then called and discharged by Judge
Black after which he called for any
Supreme Court actions. A matter re-
garding a purchase of iron with the
principal parties consisting of h
Akin Iron and Lumber Company VS..
Jos. Dewey, was appealed in March,
1922, and since that time nothing has
been done. The order was signed by
Judge Black. He then turned the
gavel over to Judge Ralph w. E.
Donges, the Circuit Court Judge, and
left the court. Judge Donges settled
down to the work before him and after
calling for the report on the cases
ready the first jury was selected. Prior
to the taking up of the first case At
torney Leap presented a motion that
the case of Reuben Norcross VS.. the
City of Wildwood be dismissed for
lack of prosecution. The motion was
granted. Mr.. Norcross claimed back
pay as a policeman.
The first case on the docket was
Supreme Court Issue No. 2, Annie X.
Hester and David Hester, her husband
VS.. Samuel Mennies, and in the alter
native F. B. Sullenberger. w. S. OAR
nell represented the Hesters while At
torney Leap represented the defence.
On March %, 1922, Mrs. Hester, while
living in a property on Pacific avenue,
in Wildwood, leased by her and her
husband from Samuel Mennies, fell
through a rotten landing in a rear
stairway, and Attorney Darnell sought
to recover for the loss that her hus-
band suffered from injuries received
in this accident. Judge Donges stated
that as no complaint for repairs was
made and that according to the laws
of the state a lessee is not compelled
to keep a property in condition that,
therefore, there was nc cause for re-
covery and so the case was settled
with a non-suit action.
The second case to come before the
court was that listed as No. 4-Israel
Eisenberg, trading as William Eisen-
berg and Harry Eisenberg VS.. Strang
Electric Company. Attorney Carr
represented the Eisenbergs and VIM.
S. Darnell again was active, this time
representing the defendant. The case
was one arising from an auto accident
occurring in October, 1922, wherein a
Ford car, owned by the Eisenberg
contracting company of Woodbine was
struck by a car driven by w. B.
Strang, of the Strang Electric Com
pany. The Ford car was badly dam
aged and Harry Eisenberg, the driver,
was badly injured. While Attorney
Carr asked for damages, Lawyer OAR
nell In introducing the case surprised
with the statement that the Strang
Electric Company had never owned
LII $3.50 ~ Tho finoa IF tho
accident and denied any and all al
legations of the prosecution. Several
witnesses were called to testify in this
case, including Harry E~isenberg,
Israel Eisenberg, Harry Haines, a wit
ness to the accident; w. B. Strang,
the driver of the damaging car; Mrs.
Anna Gill, another witness of the ac-
cident, and Robert Fredell, auto me-
chanic for the Eisehberg company.
The case vase finally settled without
sending it to the jury with a non-suit
decision.
No. 2 of the Circuit Court issues was
next to be called. This suit, wherein
Judith M. Taylor and Hannah M. Smith
were attempting to recover rent on
property at $40 Broadway, West Cape
May, from Joseph S. Sites, was one
that became long and tiresome before
it finally reached the end. Attorney
Harvey Carr was one of the lawyers
representing the plaintiffs. Judge
James NJ. E. Hildreth represented
Sites, a brother-in-law of the oppos-
ing ladies'. Judith M. Taylor was the
first witness in the case. Mrs. Taylor
was asked so many questions and was
so peculiar in giving her answers that
the clock hands had reached a late
hour, so that Judge Donges ordered a
recess at AIS until 10.15 Wednesday
morning.
At the start of the Wednesday morn
ing session the Senior Class of the