The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1897-03-09

:
charge of stealing from the factory of the
Mount Holly Shoe Company.
Judge Gaskill told the prisoners that
he had carefully considered the case and
all that had been said in their behalf
He had received numerous communica-
tons asking him to deal leniently with
the defendants, and had also been re-
quested by substantial citizens not to pass
this matter lightly. If he were to consid-
err his own feelings he would willingly re-
lease them, but in justice to the commun-
itY and to property owners, and as warn
ing to other boys, sentence that has sig
nifcance must be imposed.
Il have no doubt" said the Judge,
''that there are boys in town, possibly in
this court room, listening to what l say
who would laugh and be emboldened
we're to deal lightly with you. 1t is my
duty to protect property owners and
mothers who are liable to have their hearts
wrung as yours have had. After consider
ing all the circumstances it is not neces-
sary to impose long term Of imprison-
ment, but in order that substantial justice
may be done, the sentence must not be
mere form.
The Judge then sentenced Cleyenger
and Thomas each to a year and six
months in state prison. AS Donnelly
only entered the shoe factory after the
others had broken in, his sentence was
not as heavy as that of his companions
and he was given a year.
John W. Murphy, Of Burlington, was
then called. The last grand jury found
three indictments against him for NAL
feasance in Office, IN embezzling moneys
received by him as collector of taxes in
Burlington. Murphy pleaded non voI,
and was given until last Saturday to make
arrangements to return the funds taken.
Charles E. Hendrickson appeared for
Murphy, and asked that the pronounc-
ing of judgment be postponed for two
weeks more. Mr.. Murphy is working
man, being compelled to labor every day
to maintain his family. Since he was
first arraigned, his engagements had been
such as to prevent him from doing what
he had hoped to be able to do. He is
very DESTROYS of making the deficiency
good, but has not yet perfected his ar
rangements, there being difference of
opinion among his bondsmen about the
security offered He has the assurance of
one of his bondsmen that the matter can
be satisfactorily adjusted. Mr.. Murphy
insists that he did not wilfully and know
ingly misapply the funds. Mr. Hendrick-
son presented petition from Burlington
citizens asking leniency.
Judge Gaskill said that as he was en-
tering court he was handed communI-
cation signed by all but one of the bonds
men protesting against further postpone
ment. The court had already granted the
defendant five weeks, readily seeing why,
if funds we're restored, it would 60 some
what towards lighter sentence.
Prosecutor Budd said he had been in
formed that nothing has been done to-
ward settlement. To allow five weeks to
pass without making any efforts to settle
did not give much assurance that any
thing would be accomplished in two
weeks. The township committee, as we'll
as the bondsmen, think that further de-
lay will be useless.
Mr. Hendrickson said that Murphy had
not had chance to go over the collectors
accounts with the committee to ascertain
the exact amount of the deficiency. 1t is
unfair now to press him to the wall, es-
pecially if the action is fastened by pub
lie clamor for justice because other de-
faulters have never been punished.
Judge Gaskill declined to grant further
time.
Mr.. Hendrickson then read petitions
asking leniency in the shape of light
fine. The township committee had told
Murphy they had not finished RENTING,
what did that mean 1t meant that they
had him charged, as deficiency, with the
entire duplicate. Murphy acknowledged
he had committed crime, but it was more
carelessness than of evil intent. There
had been another defaulter, and some of
the same gentlemen now asking for
Murphy's punishment had called off
prosecution in the other cases because of
the offenders ability to settle. Murphy
had not spent this money In drinking or
gambling. His main offence seemed to
consist in not being as careful as he should
be.
Prosecutor Budd said he deemed it his
duty to call attention to the nature of the
embezzlement On the duplicate there
had been written "Henry Baker, $685."
When the duplicate was given to Murphy
the original entry was Estate of Elisha
Beldin, $311.40."
Mr.. Hendrickson at once objected on
the ground that the indictment upon
which Murphy had pleaded did not men,
ton any alteration of books, hence the
Prosecutor was not justified ID alluding to
it,
Judge Gaskill replied that if the prison
er had not pleaded non vnH the feasibility
of offering the books in evidence would
be inquired into. The court was trying to
obtain light on the official life of the de-
fendant.
The Prosecutor continued, saying three
indictments had been found. He had
agreed with the grand jury that only one
should be pressed. 1t had been necessary to
frame three to overcome the many techni-
calities that are bound to creep in. With
reference to the books, Mr.. Budd said
on another page of the duplicate would be
found an entry Martha B. Grace, So. 25, y
where the proper item was martha B.
George, $43.25" There were enough
erasures and changes of this character to
prove that Murphy must have had know
ledge of deficiencies amounting to 81 JOY
0S, hence the plea of carelessness was not
correct. Judge Gaskill then pronounced
sentence. He said that he had carefully
considered petitions and letters from per-
sons who probably know LESS OF you than
do. 1 have known you as boy, and
this is one of the most unpleasant duties
ever imposed upon the court, the respon-
sibility of which would cheerfully be shift
ed. Perhaps you have been careless, but
you have assumed all guilty knowledge Of
the affair, hence there is but one thing tC
be done, to perform the duty that il
imposed upon the court
Murphy was then sentenced to two
years in state prison.
PembertOn.