Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-09-30
DONNELL CASE
sP0sTP0NED
x of Expert Witnesses
Causes This Move by the
Attorney General
70 DRAW NEW JURY
Everything Ready for Case to
Be Heard Before Judge Daily
When the Delay Is Asked
70 DRAW NEW JURY

NEW BRUNSWICK, Sept. 30
The states appeal in the award maze
bv a condemnation commission IN
the case involving the acquisition by
the State Highway Department OF
land in Perth Amboy, owned py the
w i. Donnell Lumber Company FOR
,,se as an approach to the new VIC
tory bridge across the Raritan, has
been postponed until December.
Everything was in readiness th.s
morning to go on with the trial wnen
Attorney General katzenpacn re-
quested Circuit Court Judge Peter =.
DAILY to put off the case until la'er
date owing to the states inaplilty 20
produce several expert witnesses this
morning. The attorney general hrst
asked for a postponement on the
grounds that only eleven Jurors were
available to hear the case but Judge
DAILY refused to grant this petition
for adjournment.
II was generally believed that the
case would be tried today as the
struck Jurors were on hand together
with attorneys for the state and
Donneu concern, representatives OF
the lumber company and state High
way Department and witnesses.
Judge DAILY had originally drawn
q list of forty y-eight names which
comprised tlse struck jury. Last week
the attorneys for the state and de-
fendant went over this list and Sc
leetad twepty,four names from
the jury Of twelve was to be
elected this morning, each attorney
yhaving the privilege to make six
challenges. Several of the jurors
were excused by common consent
s and after the challenges had been
uhde there were twelve men sitting
the jury box and no more to be
led. As the jury was about to be
brn Richard Stephenson. of South
nboy, one of the jurors, told the
urt his wife was a relative of W..
Donnen and he was excused. This
It only eleven men on the jury
lth no more to be called.
The suggestion was made by
dge Daily that the case proceed
h eleven jurors or that the names
those challenged be put back in
box and one selected. Conover
glish. attorney for the Donnell
Germ, said he wanted the case to
ON and didn't care how many
ors there were."
Attorney General Katzenbach,
yever, was not satisfied with a
of eleven men. Nor was he
SIZED to accept Judge Days sug-
Elton that the names of the reject
Jurors be put back in the box and
drawn to fill the vacancy. He ask
for an adjournment of the case
the grounds of an insufficient jury
1t Judge Daily refused to allow the
quest.
The attorney general then asked
FOR a postponement on the grounds
that the state was unable this morn
dng to produce several expert wit
nesses. Judge Daily pointed out that
he had made special arrangements
in his circuit court schedule to hear
this case this week with the result
that the remainder of his schedule
for two months was filled. The
earliest date he could set for the
case, he said. would be the week OF
December to Q. This date satisfied
kthe state and postponement was
taken until then.
Judge DAILY thanked the jurors on
behalf of the state for their trouble
and complimented the men for their
excellent character. He told the
jurors that both the state and the
defendants had complimented him
with his choice of struck jury to
hear this case. Now that the case
has been postponed it will be neces-
eary to strike an entirely new panel
Judge Daily explained. and the same
system of arriving at a jury will be
!, carried out for the trial of the case
in December.
The jury as selected this morning
with seat No. 5 vacant was: No. 1
Chester w. Wood. New Brunswick
No. 2, Terrence Lyons Highland
Park: No. 8. Henry w. Jeffers
Plainsboro; No. A, William w. EN-.
men. South Brunswick; No. 6. Abe
Hansen, Metuchen; No. z. Henry +.
d. Meyers. Milltown; No. 8. Victor
w. Main. Perth Amboy; No. Q, Johr
r. Donohue, New Brunswick; No. 10
John e. Clayton. Highland Park; No
IL, Thomas c. Dugan, New Buns
wick; No ~, Isaac M. Preger, New
Brunswick.
Assistant Attorneys General New.
corn and DeVoe were in court a.
were Abraham Jelin of the Stat,
Highway Commission; Conover Eng
lish. attorney for the Donnell con
Germ; Alonzo B. Mcdowell ant
Thomas J. Evans, officers of tn,
lumber company.
Kr{<I.<.Ioe nonx,sax. Ir;.,od