Perth Amboy evening news., 1924-12-01
Z A|MbOY MEN On
DONNELL JURY
Frank T. WogIom and August
Staudt-CaS on Before
Judge Daily
WILL INSPECT PROPERTY
Will Be Made This Afternoon
Question Is $1O5, 600
4 a Fair Price

NEW BRUNSWICK. Dec. Tine
Jury of twelve men which Will decloe
the appeal made by the state In the
w. J, Donnell Lumber Company
bridge approach condemnation case
was drawn here this morning before
Circui. Court Judge Peter L. Daly,
after which the hearing got under
way with attorneys for both state
and the defendant briefly outlining
their case. -
The Jury, which will decide
whether or not S105,000 Is falr
price to cover the value OF the three
and a half acres and the damage
done to the remaining Donnell ianu
at Perth Amboy. is made up or the
following members: Joseph C. Cham
berlain Of Cranbury: Edward c. Pot
ter of Metuchen: John j. McManus
of this city: Louis A. voorhees,. or
this city: Theodore Cohen of this
rity: clifford S. Parsil of Highland
Park: August Rhode of Sayrevllle;
lens X. Jensen of Woodbridge
Frank T. Woglom of Perth Ampoy'
Edwin w. Christie of Woodbridge
sssnd August Staudt of Perth Amboy.
THE attorneys for both sides were
entitled to six challengers in the Sc
hausted the limit allowed by the
court, the state using five and the
Donnell interest four. Attorney Gen
eral Edwin Katzenbach. assisted by
his assistants, William Newcorn and
Fred w. DeVoe, represented the
state. while Conover English repre-
sented the Donnell concern. Alonzo
B. Mcdowell and Thomas Evans. OF
the Donnell concern, assisted their
z counsel in considering the desirable
ity of the various jurymen. State
Highway Commissioner Abraham
Jelin was also present in the interest
of the state.
In opening, Mr.. English said that
the only question for the jury to de-
eide is the fair amount which should
be paid for the property which was
seized by the state for use in build
ing the bridge approach and the
amount of damage done to the re-
manning Donnell property.
The Donnell attorney told the jury
men that they should consider what
the property was worth to the own
er. He told of the natural advan-
tages offered by, the original tract
of land consisting of seven acres
with riparian rights. frontage on
Smith street and favorably located
\ for railroad spurs and sidings.
Purchased in 1915
The waterfront property was pur-
{. chased in 1916, Attorney English
told the jury. and the Donnell COM
pany Immediately graded the land.
made fills where necessary. built
dock at a spot where boats drawing
as much as 90 feet of water could
come in. placed a railroad siding and
planned to construct a large sawmlll.
The company did it's greatest busi-
ness lust before the state took over
the property. the lawyer said. The
present site could not be duplicated
anywhere in Perth Amboy. the DON
nell attorney claimed, arguing that
the states acquisition of a portion
of the land damaged the remaining
pieces to such an extent that large
development of the remaining prop
erty Is now impossible.
Some idea of the value of the land
can be secured. he said. from the
,price being 1aid by the state for the
rent of a part of it for storage pur-
noses. which is $3.50 month for a
period of about eighteen months. In
asking the jury to decide on fair
price for the land he asked them
to consider it as of December 13,
last year, when it was taken over
by the state.
Assistant ATTORNEY General New
! corn. in his opening to the Jury. ex-
planned that the State Highway
Board Is the trustee of the taxpayers
funds and can only purchase the
property that is actually needed in
road construction work. Therefore,
he pointed out the state could not
have bought all of the Donnell tract,
used what was needed for the bridge
approach. and then sell 1t again.
The ousted highway board. which
paid $23O,000 for the Donnell prop
erty, had claiamed that it paid this
(Continued on page Al
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