The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1905-05-23


that Conway and Painter had been sum-
moned to the dispatcher's Office because of
a disturbance on a car. Goodenough ap-
peared very much under the influence of
liquor and he was staggering and swear
ing. AS car was leaving for Mount
Holly, the conductor called out: ''That's
the mani and the dispatcher ordered his
arrest. stating that he would appear
against him. Conway took charge of
Goodenough and locked him up The Of
ficer said he was drunk and profane.
Jesse Conway, chief of police, has
known Goodenough for II years. On the
night of October 8 he was summoned to
the dispatcher's office He got there
about one o'clock, taking Painter with
him. Goodenough was drunk He
cursed because the conductor said:
There's the guy who tried to cheat me
out OF fare and l want him locked up.
On the order of the conductor Conway
made the arrest, and not Painter The
prisoner was placed on car and taken to
Moorestown. He was orderly until Coles
hotel was reached, when it became neces-
sary to hold him to keep him from jump
ing OIL, as he said he wanted to get a
drink. Painter was present but did not
put hands on Goodenough
Jesse ii. Painter a policeman of Ches-
ter township, corroborated Conway, and
said that if Goodenough had jumped off
the trolley he might have lost leg or
something else
Horace E. Fox, the dispatcher, saw
Goodenough staggering drunk on the
highway. Conductor Claypoole COM
planned of Goodenough and the witness
ordered his arrest. Painter had nothing
to do with the arrest. Fox went down on
| W hn h
pear against Goodenough and don't know
if the conductor did
Charles Flora, of Mount Holly, saw
Goodenough refuse to pay his fare, and
he was staggering drunk The witness
mad been employed by Detective Parker
to guard the trolley cars
Fred Claypoole, of Mount Holly, told
now he had put Goodenough off the car
because he did not pay his fare, and he
heard Fox order his arrest. The defend
ant made no trouble
Justice of the Peace j. p Evans had
Fainter arrested on warrant sworn out
by Goodenough Finding that he was
the wrong man, a complaint was then
made against Conway. The latter had
Painter arrested because he thought he
was acting under the direction of Chief
Conway.
49, Jul maui Uriel duuTeSS W GHe
jury, showing the points upon which he
would dwell in his final argument s'No
person shall be deprived of his right,
liberty or property without due process of
law. he contended, citing authorities to
show that there was no justification for
this arrest and Imprisonment.
Mr. Hillman said the matter was
regulated largely by the Legislature. A
person who is arrested for intoxcation on
the view of another person, makes such
an arrest legal proceeding. The object
OF police regulations would be nulliied if
IL became necessary to first secure a war;
rant Tor dlsorderly persons before they
could be arrested. Goodenough was ar
rested at midnight, taken to a temporary
place OF detention, and was given a speedy
nearing the next morning This act was
legal. The officers have authority, upon
view, to bring before a justice any dis
orderly person. Goodenough was liable
to arrest on two counts: First, drunk, I'M
DER the vice and immortality act, making
drunkenness crime; second, indulging
In loud or indecent language while intoxi-
Gated. The case hinges largely as to
whether or not Goodenough was drunk.
The evidence submitted BY the defence
strengthens the fact that he was under
nothing but what prudent officer should
do, and Painter had nothing whatever to
do with the case Goodenough suffered
no damages, and your verdict should be
not guilty
MT Burr was quite spicy in his closing
argument. The officer exceeded his
authority, he said, as the offence, if any,
was committed in Mount Laurel township.
These officers were working for graft.
The officers failed in their duty when
they left the inhabitants of Moorestown
sleeping unprotected at midnight to go
over mile away for what-graft These
ofhcers take you to the lookup, and it
would Kill you to smell their breath
There is no proof that Goodenough was
dlsorderly or that he was drunk except
that OF interested parties. 1t is as near to
nell as a person can get to be an officer in
one of these townships l was in it for
nineteen years. and had to get out on that
account The question is so serious that
justice Evans says that the practice
should be broken up. Goodenough was
deprived Of his liberty, kept from home,
caused pain, suffered humiliation, injury
to character and was liable to scorn. It is
your duty to award substantial damages
in his favor.
The jury found a verdict for the plain
tiff in the sum of 5000
The case of the Five Mile Beach Lum-
Der Company vs. James O'Neil, Jr, was
next taken up 1t was an action to re-
cover on book account, amounting to
1924 a. There was no dispute as to the
sale of the lumber, but the firm claimed
that they were never paid for the same.
The following persons composed the per.
sonnet OF the Lumber Company: Henry
b. Coles, presidents William G. Coles,
secretary and treasurer, both of Camden;
William Z. Garrison, a contractor, vice
president. The latter became financially
involved and was forced into bankruptcy.
While the business was being conducted
with Garrison as manager, he received a
check from MIR. O'Neil in full payment of
the Dill, deposited the same in bank to
his own credit and used the money in his
own private business, charging the
amount to his personal account This
transaction was performed as an officer,
stockholder and director of the Five Mile
Beach Lumber Company O'Neil's check
was put in evidence, and it showed that
the Mechanics National Bank of Bur-
lington, had paid the money.
But the Five Mile Beach Lumber Com
pany offered testimony tending to show
that Garrison, who has not been CON
nected with the concern for nearly year.
had no authority to act as he did in the
matter; that he was never given permits
sion to open the firms mail after the COM
pany had been reorganized, but on the
contrary, authority of that nature had
beer vested in Forest B. Long, who was
the only authorized manager and book
keeper, and who claimed to have attended
to all business conducted through the
mails and otherwise. The company al
legged that after Garrison had surrended
his interest in the business he was not an
agent of the concern.
The defence alleged that Garrison had
a perfect right to transact business for the
firm of which he was a member; that he
was the whole show; that some one had
been juggling with the books; that hav-
ing gone into bankruptcy nothing could |
be recovered from Garrison and that the
company wanted to make O'Neil pay the |
bill twice.
The testimony occupied all the after
noon until O'Clock, when an adjourn
ment was taken until Monday afternoon
at l O'Clock. The jury rendered a YER
dict in favor of O'Neil by order of the
court
Before Judge Gaskill on Saturday
morning, an assortment of business was
transacted, including naturalization, the
issuance of formal papers in lunacv and
matters pertaining to the Orphans court
In the criminal branch several cases were
disposed of, the prisoners having signed
waiver of indictment and trial bv iury.
The first of these was Joseph w Webster.
colored, who committed an atrocious as
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