The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-06-04

udy moFHlnR.
Prosecutor Budd stated that after care
fully going over the evidence for the
prosecution he found that there is moth
ing to connect Joyce with the crime, and
asked that noIle prOsequi be entered.
Mark R. Sooy, who appeared for the
defendant, said the grand jury found this
indictment on the recommendation of one
of their number-an influential citizen
who had no other evidence than mere
heresay. Grand jurors, counsel thought,
should be careful about fastening suspic-
ion on respectable person without any
facts whatever to sustain it.
Mr.. Sooy stated that he had gone over
the timber ground and had questioned
many persons about the case, but could
not discover scintilla of evidence against
Joyce.
Judge Gaskill discharged Joyce, stating
that in cases of very doubtful nature,
Prosecutor Budd always seemed fair
enough to frankly say SO before going
into trial.
The jurors were excused until June
10th.
On Saturday morning the court heard
testimony Cd the caveat against the pro-
batting of the will of Ann Stuart. The
caveat was signed by John Mcfarland,
one of the nephews and heirs at law of
deceased. In her will Miss Stuart devised
81, 900 to Mrs. Leander Budd during her
lifetime, at her death to go to Mrs. Budd's
Miss Mary Budd and Mrs. Re-
becca Ellis The balance of her property
she left to her niece, Maggie McLaren
and her friend, Eliza Ryan.
After hearing testimony of witnesses
with reference to the mental condition of
the testatrix at the time she made her
will, Eckard P. Budd, who represented
the caveator, said he was satisfied that
the will was entitled to be probated, and
he withdrew all objections. Mark r.
Sooy represented the proponents.
BURKE LICENSE CASE.
The contested license case of Albert F.
Burke, of Florence, was taken up yester-
day.
Walter A. Barrows appeared for the
applicant Mark r. Sooy and Eckard P.
Budd for the remonstrants.
Mr.. Barrows made a formal offer of the
application that had been filed in the
clerks Office. The remonstrants then
called the following witnesses:
Charles Nlcholes, machinist, has Wis
tied Burke's place and bought whiskey
there in half pint quantities, sometimes
drinking it on the premises and some
times taking it away. The bar tender
sold witness the whiskey. He had seen
persons intoxicated in the place, but
never any fighting. One of the half pints
bought by witness was gotten for a sick
person.
Valentine Maloney bought half a pint
of whiskey about May LIST and took it to
the foundry. The bottle was furnished
by the bar tender. On Easter Saturday
witness bought half pint bottle of whis-
key, which was nearly all drank in the
bar room. Never saw any fighting on the
premises. Witness got credit for liquor,
to the extent OF about two or three dollars.
Frank Green denied having pawned a
watch with Burke for rum bill, but said
he gave it as security for loan of S..
He had bought half pints at Burke's and
taken them from the premises. Witness
never saw any fighting in the hotel. The
bar tender always exacted promise that
the liquor would be drank on the prem
ises.
Joseph Parker never drank liquor off
the premises. He didn't know whether
or not his wife had protested to Burke
about selling whiskey to her husband.
Mrs Joseph Parker, wife of the las
witness, has had trouble with her hus
band on account of his drinking procliv
tiles. At times he becomes very much
intoxicated. In November last, witness
went to the hotel and informed Burke
and wife not to sell her husband any
more liquor, as 1t made him abusive and
caused him to break furniture, etc. After
this the husband still got liquor at Burke's
whereupon witness seat protest to the
bar tender, without avail.
Mrs. Mary A. Atkins, sister of Joseph
Parker, has heard considerable noise and
disorder at the hotel. while passing by
It consisted of loud. profane talk and
scuffling, sounding like fighting She
heard her brothers voice among the
others. This was three weeks ago. She
never went into the place but often wait
ed outside for her brother to take him
home when SO intoxicated that he could
not walk alone. The place is more noisy
now than it ever was
George Brown, 81 years of age in MAY,
has often visited the hotel, and has be-
come intoxicated there several times
Witness always represented to Burke
that he was q years old.
Brown said he had also gone there
drunk and been elected from the bar
room.
Luke Doyle lives near the rear o.
Burke's hotel. There is considerable
noise in the yard at night, consisting o.
loud talking and quarreling.
Harry Doyle, son of the last witness
has heard the noises referred to by his
father. The disturbance on the nights Of
the foundry's pay day, lasted until two
and three O'Clock in the morning.
E. S. Dorney went there drunk on one
occasion and was elected.
William Elliott, Alfred Emmon and Ell.
wood English were among those who
bought half pints and took them of the
premises.
Joseph Miller. former bartender at tbs
hotel, said it is better kept place thar
before Burke had charge
Mrs. Charles Giberson told the bar
tender not to sell drink to her husband
One Sunday since then she saw her hus
band go into Burke's to clean the bar
room. He came out drunk.
The remOnstrants then rested, and wit
nesses were called by the applicant.
Samuel Richardson, a farmer, finds the
hotel convenience for putting up teams
1t is well kept place, and has better
accommodations than Parker's hotel.
David Richmond said Burke's conduc
of the hotel is better than any he evel
saw.
Michael Reilly lives next door anc
never heard any disturbance.
Robert Patterson, storekeeper, never
heard any other noise than singing com
ing from the hotel.
John Peacock testified that Burke
keeps quiet, orderly place, and is suit
able person to conduct hotel.
Lewis Grey and Frank Shafer said thu
place is kept orderly.
Albert F. Burke, the applicant, bough
the hotel at Florence for $4,000 from Mr.
Luniak last August. He always has trieC
to live up to the law in the conduct of th,
hotel. He has sold liquor only as ht
thought in a legal manner. Wheneve
notified by women not to sell liquor Il
their husbands, witness has endeavoreC
to heed their request.
The argument was then made and tn,
court reserved its decision.