The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1901-10-29

Matlack said For Gods sake don't shoot.
''Matlack said he was there to protect
me if would give up the revolver, so
gave it up. Gennett struck me, and
think Matlack showed me. Wills ther
called me bad names. The crowd urged
him to smash me- He said Shall | :?
They cried yes, smash him. Then Gen.
nett threw me over the fence and l ran,
pursued by Gennett and others. l did
not threaten to shoot Wills at any time,
nor point the pistol at him. Ididn't know
had pistol then"
Baxter was cross-examined by ex-Pro-
secutor Budd. The witness said he did
not know there was mob outside of the
Wills house waiting for him. He heard
much noise but he thought it was people
going home from some social gathering.
He heard Judge Wills in the house mov-
| ing around, but not later than ten o'clock,
at which hour witness went to sleep and
did not awaken until early the next morn
ing. Baxter said he did not resolve to
leave town through fear of mob, but
but had told Mrs. Wills the previous even
ing he must go to New York in the early
train next morning. When he started to
the depot young Richard Wills handed
him pistol, telling him he might need it
Baxter took the weapon but really forgot
he had it when Judge Wills attacked him.
Matlack did not take the pistol from him
forcibly, but Baxter handed it to him.
He said he did not remember having a
conversation in the jail with Sheriff Fen
ton in which he said he did not know
there was a mob at the house the night
before.
Mrs Mabel Baxter testified to the pres
ence of a mob around the house the night
before the assault, but said she went to
sleep by ten o'clock.
Mrs. Wills was called to tell Of The mob
around the house the night of June 18.
Richard Wills, who was referred to by
counsel as a "sweet faxen- haired boy, !"
told that he gave the pistol to Baxter on
the morning of the assault.
Two citizens from Great Neck testified
chat Bakers reputation for peace and
quietness in that neighborhood was of the
best.
Sheriff Fenton was called in rebuttal
and said when Baxter was brought to Jail
witness told him it was a good thing that
crowd did not get hold of him the night
before, to which Baxter replied he did not
know there was any crowd there.
The case was summed up for the de-
fence by Harry Scovel He did the best
he could with weak case. His main eff
fort was to ridicule everything and every
body He alluded to Captain Matlack as
1.-THE captain of Marines" and also said
that Matlack was a coward for attacking
Baxter on the morning of the assault.
Mr.. Scovel did not refer to the evidence
very frequently, but he pleaded with the
jury to save Baxter because his convic-
ticn would cause sorrow to the loving
wife, to the mother in law who had brave
ly stood by her daughter, and to the
''sweet little flaxen-haired boy" who
would sometime make his mark in the
world. If Baxter were convicted it would
wipe away all possibility Of reconcilia-
ton in this family, and would only cause
sorrow and anguish for a long time to
come.
For the state Prosecutor Budd spoke.
He had plenty of evidence to talk on and
he reviewed it at length. He called at
tention to the similarity of the testimony
of all the witnesses, and said it had been
impossible for counsel for defence to
shake any one of the witnesses or to alter
their statements. He ridiculed the idea
that Baxter had armed himself with
pistol because he feared a mob, for all of
Bakers statements were that he did not
know there was mob around. The state
ment that he had forgotten, within fifteen
minutes, that pistol had been given him
was preposterous. Mr.. Budd asked the
Jury if they were prepared to declare that
truthful and to accept as the only true
version of this affair the statement of
Baxter Mr.. Budd said he had no hest
fancy in branding Baxter as a perjurer,
and said Judge Wills had perfect right
to order from town never to return 'the
cur who had treated him like dog,
taught his wife and daughter to drink
turned his family against him,
stolen his diamond and tried to kill him. "
Mr. Budd warned the jury against being
swayed by sympathy. This was case
which demanded justice, no matter how
the task might be. There
was no necessity for considering the effect
the verdict might have on the point of
That stage had long since
been passed. If there was to be anything
Of that kind it could have been brought
about long before this, and the necessity
for these proceedings could have been
averted. The defendant should feel very
glad there were persons at Grant street
station on the morning of the assault to
step between him and Judge Wills, other
wise, he would, in all probability, be an
swering a charge of murder. Mr.. Budd
concluded his remarks by asking the jury
to carefully review the evidence, and
while possibly considering the suffering
that might come to the defendant and his
friends, they must not lose sight of the
anguish which had been heaped upon
Judge Wills during the past few months
on account of this man who had broken
his family up.
The Jury retired about half past four
and it was soon evident they
would not return before morning They
came in about half-past ten Thursday, |
with verdict of guilty of assault with
intent to kill, with a recommendation to
the mercy of the court. Baxter was not
present when the verdict was rendered,
but arrived, in company with Mr.. Boyle
about ten minutes later His wife Joined
him and they reached the court house just
as the jury was discharged. They all |
seemed surprised at the verdict and BaX
ter and his wife were very indignant at the
result. They declared their intention of |
applying for new trial and expressed con-
fdence in an acquittal if the matter ever
comes up again.
The people of this community who have
been disgusted over this matter for long |
time and would have been glad if it had
been sunk from sight long since, feel that
the verdict is righteous one, and the
only finding that could result from the
testimony produced There were many !
who have contended that when the case
went to trial the other side would show a |
state of affairs that would put an entirely |
different view on the matter. These |
people, however. were simply astounded
at the testimony and have acknowledged
the justice of the verdict. The fact that
out of all the residents of Great Neck
only two were summoned to establish the /
reputation of Harrie Baxter, and that not !
one of his own family came to stand by
him in his hour of trouble, has caused
comment The case will now
take rest until the eighth of November
when Baxter will be here for sentence and
to take steps towards appealing for new
L. LII Hhn rn,,rninh