The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-04-10
ALawver Arrested.

CnarleS n. chambers, one OF mount
Holly's lawyers, was arrested at Mer-
chantville, on Saturday afternoon, charged
with assault and battery.
The facts leading to this arrest are in
teresting. In December, 1892, A. w. Lof-
| land, the Marlton horse dealer sold pair
of horses to Charles A. Frey, who keeps
the Spread Eagle hotel, near Merchant
vile. Frey gave his note for $329.6O to-
gether with a chattel mortgage on the
horses and a new truck wagon. The
mortgage contained a proviso allowing
Mr.. Lofiand to take the horses in default
of payment of the note.
The note was renewed several times, al
though but one or two small payments
were made. Mr.. Lohand got tired of
taking care of the protested paper, and
finally went to the hotel and, in the pres
ence of Frey, without resistance. took the
horses from the premises, taking them to
Ellisburg, where he advertised them at
mortgagee's sale.
On Saturday, the day set for the sale,
Constable Carlin, armed with a search
warrant, went to the Ellisburg stable,
broke the lock and got the horses. Then,
on warrant charging larceny, he arrest
ed Lofand.
This Is where Chambers got into the
case. Lofand telegraphed to the latter to
go to Merchantville. When Chambers
got there he found Mr. Lohand in charge
of the constable. A hearing was demand
ed, and the officer went for Justice Long
streth, and Frey and his witnesses were
sent for. When the latter arrived Mr..
Chambers suggested that he get his law
yer, and the affair could be easily settled,
to which Frey replied 81 don't have to
have lawyer here"
On the witness stand Frey and his sis
ter acknowledged that there was a chattel
mortgage empowering Lofland to take the
team, and that they knew he was taking
the horses by virtue of that paper. After
hearing this testimony, Mr.. Chambers
moved that Lohand be released. The
Justice refused this request, and said that
he would hold him in $500 bail.
Mr.. Chambers then demanded that
Lofand tell his side of the case, which
was also refused. By this time Charlie
was getting somewhat provoked, and be
talked plainly to the justice. and finally
told him to get bail bond and Lohand
would give bail. The constable went out
for the paper, and when he returned,
without word to Chaml ers, and without
requesting him to leave the Office, the
justice said to the constable, 'Put that
man out, indicating the lawyer.
Carlin started to carry this order into
effect, and as he approached Chambers
the latter said. Don't lay your hands on
me if you touch me you will have to
take the consequences" The constable,
however, went forward, grabbed Cham
bers, and hustled him around. During
the scrimmage, Chambers struck the con-
stable under the eye. While this was
going on Lofand was seized by colored
constable and was locked up in cell back
of the Justices Office. He gave bail for
$500 and was released.
Chambers was finally elected but was
soon brought back to answer to the con-
stables charge of assault and battery. He,
too, was locked up in cell for a short
time. He waived hearing and demand
ed that he be taken to Camden with a
bail bond. The constable started with
the lawyer, and on the way the latter
looked at the paper and found that it was
a commitment to Jail, and there he was
taken and kept for an hour and half,
when he secured bail.
1t is not likely that this matter will end
here. Lofand at once secured writ of
replevin to regain control of the horses,
and the sheriff probably has them by this
time. Mr.. Chambers will also seek re-
dress. He was at the Justices Office in
the proper discharge of his duties and
had his rights, and it is very questiona-
BILE whether the constable had any bust
ness to lay hands upon him, even though
ordered to do so by the justice. When
he did take hold of Mr.. Chambers he be-
came the aggressor, and the latter had
right to defend himself. And there is no
doubt whatever that he has splendid
basis for suit against the justice for per-
emptorily committing him without
chance to secure bail. He Will probably
push this case vigorously and discover if
there is not justice even in Camden
county.