THIRTEENTH YEAR---19153.
Trenton, N. J. Saturday, November 30, 1895
ALL SHOT IN THE EYE
Three Boys Shot by Gunners on Thanksgiving Day.
WERE TAKEN TO THE HOSPITAL
Three Trenton Men Were Gunning on the Ribsam Farm and All Shot Simultaneously at One Rabbit�One Boy�s Eye Taken Out, and the Others May Each Lose the Use of One Eye�The Shooting Was Accidental.
On Thanksgiving afternoon, at Ribsam�s nursery, in Wilbur, between Greenwood and Hamilton avenues, three boys, Harry Maybury, South Clinton avenue; John Dallas, Pearl street, and Harry Manners, of Railroad avenue, were seriously injured by shot intended for a rabbit. Newbury, who is 13 years old, was shot in an eye and in the face, and the eye was afterwards taken out at St. Francis Hospital by Drs. Ollphant and Mackenzie. Dallas, who is younger than Maybury, was also shot in the eye and may permanently lose it. Leonard was shot just over one eye and it is not certain yet but that he will lose his eyesight.
The boys were standing near the fence of the nursery on Greenwood avenue. Richard Goeke, Nicholas J. Ribsam and Harry Hesen were gunning in the nursery. Hesen is employed by the Ribsam�s. The gunners saw a rabbit two hundred feet from the fence where the boys were standing. Goeke was near the fence and to the left of the rabbit and Hesen was to the right of Ribsam. The boys were hidden from sight by the small trees in the field, and by some bushes near the fence. Ribsam shot at the rabbit and knocked it over, and at the same time Goeke shot. Hesen shot last. Goeke�s gun could not have caused the accident by reason of his position. As Mr. Ribsam is sure he killed the rabbit, it could not have been the charge from his gun that reached the boys.
The gunners, hearing the boys� cries, had them moved to St. Francis Hospital, and Maybury is still there.
The shooting was entirely accidental.
FIFTEENTH YEAR---5127.
Trenton, N. J. Thursday, October 22, 1896
HAVE ONE EYE APIECE
Three Boys Each Sue N. J. Ribsam
For $10,000 Damages.
Three cases are being tried jointly. They are all cases against Nicholas J. Ribsam, cases in tort, brought about by the firing of a shotgun, which was discharged by the defendant in Ribsam's nursery on last Thanksgiving Day. He was hunting rabbits and the boys were on Greenwood avenue, a public highway. The plaintiffs are Harvey Manners, John F. Dallas and William H. Maybury, Jr. James Buchanan is counsel for Manners and Dallas and G. D. W. Vroom for Maybury. William M. Lanning is Ribsam's counsel.
The suit in each of the three instances is brought for $10,000 damages and each of the three boys, as a result of being hit with the shot, is an eye short. Otherwise, they apparently have recovered from the accident.
Counselor James Buchanan set for the facts for the plaintiffs, and Court adjourned for dinner.
After the noon recess A. G. Wier, a civil engineer, explained a map of the nursery and surrounding ground. Just over the fence there are two hedges running parallel, and behind them some distance are two rows of trees.
Harvey Manners, one of the plaintiffs, told how the accident happened, giving minute details of how the shooting occurred.
Case still on.
FIFTEENTH YEAR---5128.
Trenton, N. J. Friday, October 23, 1896
THE THREE EYE CASE
The Boys' Case Against N. J. Ribsam
Still Before the Court.
CONTRIBUTORY NEGLIGENCE CHARGED
The Court Refuses a Non-Suit on That Ground�Michael J. Ribsam Testifies�The Shot Said to Have Been Fired by Harry A. Hessen--Testimony of the Goeckes--Boys Said Did Not Know Who Did Shooting.
In Mercer Court this morning before Justice Gummere the personal damage suits for lost eyes, $10,000 each, of Harvey Manners, John F. Dallas and William H. Maybury against Nicholas J. Ribsam, were continued. The first witness was Abram J. Swan, Jr., opening for the defense, and he testified as to a map representing Ribsam's nursey from the point of view of the defense.
Then John F. Gerrick swore to the accuracy of a number of photos taken of Ribsam, the defendant, at the nursery in the act of shooting. The defendant shoots left-handed.
Sister Mary Vincent of St. Francis Hospital, testified as to two of the plaintiffs being brought to the hospital.
Michael J. Ribsam, the defendant, was put on the stand. He lives on Wall street; went to nursery on last Thanksgiving day at about 2 o'clock. He fired first, Geocke second and Hesson last. He hit the rabbit; Hesson hit the boys. Hesson was back of him. Hesson's shot also hit Richard A. Geocke and Richard A. Geocke, Jr.
Richard A. Geocke testified to the correctness of Ribsam's statement. He was sure it was Harry A. Hessen's shot which bit him and was positive Ribsam's shot hit and killed the rabbit.
Richard A. Geocke, Jr., twelve years old, told the same story. One shot hit him just below the right eye. His father was hit in the left arm and on the left hand side of the chin.
Nicholas Gellon, an employee of Ribsam, corroborated the tale of Ribsam and the two Geockes.
Freeholder Eberhardt Vollmer swore young Dallas told him he did not know who shot him. Sister Vincent swore that Maybury, at the hospital, told her he did not know who shot him.
Defense rested.
Testimony Late Yesterday.
In the Ribsam case, after the TIMES went to press yesterday, Dr. Nelson B. Oliphant, for the plaintiff, told of the premanent injuries to the boys and how an eye of each of two of the boys had to be taken out. The other plaintiffs testified in corroboration of Havey Manners, and Harry A. Hesson, one of the shooters, told the same story.
Plaintiff rested.
Judge William A. Lanning, counsel for the defendant, asked for a non-suit on the ground of contributory negligence. The boys knew there was shooting going on and yet got right in a line with the guns. Justice Gummere overruled the action.
Court then adjourned until 9:30 o'clock today.
Carroll Robbins and G. D. W. Vroom summed up for the plaintiffs. and Judge Lanning for the defense.
At the afternoon session Justice Gummere charged the jury. He said, if the jury was not certain who fired the first shot, which did the damage, the verdict should be for the defendent. If, however, they though Ribsam fired the last shot, it was to be determined whether or not he was negligent in the use of his gun. He was handling a very dangerous implement. If you should conclude he did not use that degree of care the law requires, the question before you is whether or not the plaintiffs were negligent in standing by the fence. If you think they were, you should find for the defendent.
If you conclude Ribsam was guilty, the question of damages confronts you. You have no right to give damages for the purpose of punishment of the defendant. The loss of an eye is a serious one, but will not incapacitate the plaintiffs from work. The question of sympathy should not figure in the case.
FIFTEENTH YEAR---5129.
Trenton, N. J. Saturday, October 24, 1896
MUST PAY $2,800
Nicholas J. Ribsam Found Guilty in
the Three-eye Case.
JURY OUT TWENTY-FOUR HOURS.
Nineteen Ballots Were Taken Before a Decision was Reached--Finally it was Agreed That the Two Boys Whose Eyes Were Gone Should Have $1,000 Each--Dallas is Awarded $800--What the Trouble Was.
Eleven contrary men could not be made to see things as the other fellow did and so the jury, in the three-eye case, a triple $10,000 damage suit against Nicholas J. Ribsam, amounting to $30,000, stayed out all night. They went out yesterday at 2 o'clock, and at the same time today were still out; out of patience; out of chewing tobacco and cigars, and out of talk. They were so sleepy that they absolutely could not argue any more.
Harvey Manners, John F. Dallas and William H. Maybury, each about twelve years old, sued Ribsam for shooting them on Thanksgiving Day of last year on Greenwood avenue, near Ribsam's nursery. As a result of the shooting each of the boys lost an eye. Ribsam is said to have shot wildly at a rabbit. The defense was that the load from the gun of Harry A. Hesson, a hunter with Ribsam, was the one that hit the boys.
The twelve men who sat in judgement while James Buchanan, G. D. W. Vroom and Carroll Robbins, for the plaintiff, were pitted against Judge William M. Lanning, were:
D. Foster Updike, foreman, who wanted a constable to send for a doctor this morning. The constable refused to do it.
Charles R. Pierson, who comes from Lawrence township, and drank a pitcher of ice water during the night.
William T. Doran, who is a resident of this city.
Mercer Beasley Stout, who comes from Lawrence, and may know as much law as the chief justice.
John E. Little of Trenton, Clark W. Hutchinson of Hamilton, George A. Exton of Trenton, William J. Risely of Trenton.
Roland Billingham of Trenton, who lost eight pounds on account of sleeplessness.
Theodore H. Lawrence of Trenton, Frank P. Vandyke of Hopewell.
Lieut. Col. Charles Y. Bamford of the Seventh Regiment National Guard of New Jersey. He thinks all night jury duty is worse than a regimental drill at Sea Girt in the hot sun.
After the jury had been out three hours Constable Emil Winkler, of Ewing, was sworn in to assist Constable Samuel McGowan in the arduous duties of watching the twelve men, treid and true. They stayed on duty all night and all day today. Constable McGowan said they are going to keep the jury out during the whole term of court in order to get more per diems. Sheriff Ege provided the men supper at 8 o'clock last night, and at 11:30 today Deputy Sheriff John H. Forman went after the dinner for the jury and constables. The men had no breakfast. During the afternoon yesterday and the morning today the jury men were confined in the little side jury room to the west of the hallway, but all night they were let loose in the big court room. They were let loose in more ways than one, for one of the constables said it was the "darnedest jury I ever seed." He said they talked all night long, and sometimes fairly yelled at each other so that this morning two of the jury were hoarse.
A TIMES representative ascertained the true situation and why it was the jury would not come in. Six of the men agreed to disagree and the other six disagreed to agree, so that they could arrive at no conclusion since they would all neither agree to agree nor disagree to disagree. About noon it was though the probability was that the jury would stay out over another night and the question arose whether or not they could come in on Sunday. Upon inquiry it was learned that they could.
Justice Gummere charged that the first question to decide would be whether Ribsam or Hesson discharged the gun that did the damage, and that if the jury decided Ribsam shot the gun then the question of damages would come up.
There is considerable bad feeling among the jurymen, and charges, it is said, have been made from both sides that considerable evidence was "manufactured." The charges were not made outright and particularized, but by insinuation.
But They Did Come In
All rumors to the contrary and much to the gratification of the constables, the jury finally agreed and notified Constable McGowan at a little before 2 o'clock.
Capt. Matheson, Deputy County Clerk, took the verdict in the absence of Judge Woodruff and County Clerk Gummere. He arrived at the court house at 2 o'clock. None of the counsel for either side were present. Foreman D. Foster Updike was lying sick upon a lounge. Col. Charles Y. Bamford was designated to give the verdict.
He gave the verdict of the jury as follows:
Defendant Nicholas J. Ribsam guilty, as to all three cases. For William H. Maybury, Jr. and Harvey Manners, the boys whose eyes were taken out, $1,000 each.
For John F. Dallas, who still possesses both eyes but cannot see with his left one, $800.
Jury dismissed.
There were nineteen ballots taken altogether before a verdict was finally reached.