The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1900-11-27
A Novel Point Raised.


There were not many people left II
Lumberton on. Saturday, nearly the entire
population coming to Mount Holly to at
tend court, the majority being witnesses
in the application for an order to revoke
the license of Walter Davis, who keeps a
/ hotel in that town.
The application was made under q Sec
ton of the Werts law, providing that
where the law is violated complaint may
be made by three persons, legal residents
and voters in the township where the
hotel is situated, verified by the oaths of
the compliments specifying the acts
complained of. 1t is on the definition of
the word complaint that the case hinges.
The complaint was signed by Eli Par
ker, George W. Neville and Rev. Daniel
E. Clair. 1t did not appear on its face to
be complaint, but was worded as petit
ton The affidavit closed with the usual
legal phrase ito the best of my knowl-
edge and belief"
Prosecutor Atkinson appeared for the
petitioners and asked leave to amend the
petition by inserting few more specifi-
cations. Ex-Prosecutor Budd represented
the defendant and in reply to the request
of Mr.. Atkinson, argued another point
which he considered of more Importance.
Mr.. Budd called attention to the meth
cd of procedure in this case and moved to
dismiss the entire matter because of irreg-
ularity. He claimed the defendant had
not been properly proceeded against hence
was not properly in court. Mr.. Budd
held that to get this application before the
court there must be a complaint, sworn to,
in which the acts must be specified. This
paper now under consideration was not in
legal shape 1t was petition, not COM
plant, nor was there single specification
of illegal acts Mr. Budd cited numerous
authorities to sustain his position and in
sisted the paper should be complaint
the same as required by Justice in a
criminal case.
Having established this proposition Mr..
Budd then attacked the wording of the af-
fidavit The assertion that the facts set
forth were true to the best of their knowl
edge and belief" was not sufficient. If, as
he claimed, this is criminal complaint,
then the affidavit must be conclusive and
must be that the facts set forth ''are true. "
In court, on the witness stand, the witness
takes an obligation to tell the truth, the
whole truth, and nothing but the truth. p"
When he steps outside he Is quickly
stopped by the court. In a case under
this act, Mr. Budd held it was not in legal
form for three persons to secure evidence
and then swear out complaint on what
paid agents had disclosed. They must them
selves be in position to tell the facts and
to take positive affidavit on the matter.
The ex-Prosecutor spoke for over an hour
and presented many authorities in support
of his argument
Prosecutor Atkinson replied that in his
judgment the use of the word petition"
did not materially interfere with the facts
1t was mere phrase and the paper now
before the court was really a complaint to
all intents and purposes, The Prosecutor
called attention to the growing sentiment
all over the country in favor of temper
ance, and liquor dealers should keep strict
ly within the law. The people who were
back of the present movement had care
fully secured the evidence, and they |
should not be ruled out of court on tech |
nicality. Mr.. Atkinson referred to case
brought under the same act some time
since, in which the complaint was sus-
tanned and the license was revoked.
At the conclusion of the arguments
Judge Gaskill said the points presented
were of great Importance. He did not
recollect having ever heard them before
The Riverside case was before he took a
seat on the bench, and he did not think the
points raised by Mr.. Budd had been Of
fered then He desired time to consider
the matter and he deferred further con-
sideration of the case until Saturday, the
eighth day of December