The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1906-03-06
Small Indicted.

|
But little excitement attended the spt
cial session of court, on Thursday, whe
the grand jury met to consider the charg
of murder against George Small. Cour
began promptly at 945 o'clock wit
Judges Hendrickson and Gaskill on tn
bench. After the names of the jurors ha,
been called, Judge Hendrickson got RICH
down to business, consuming only few
minutes delivering his charge. which fol
| lows:
''Since your last meeting, when you cam
to consider the Atkinson murder case, fur
ther developments have been made. max
ing it necessary for you to be called to
gether again. The Prosecutor will pre-
sent evidence for your consideration tend
ing to show that Small was an accomplic,
In this crime.
ut is not necessary for me to repea
some of the things said in my charge will
reference to Rufus johnson, only to stat,
that Miss Atkinson was treated in such {
way as to show that she met death at vic
lent hands, The only question for yor
TO decide is whether this man was con
nected with her death and was therefore
guilty Of the crime of murder. It is re
ported that he actually committed the
murder. If the case comes to trial before
a petit jury, it will be their duty to fl
the degree. 1t is not necessary for you to
satisfy yourselves that he did the killing
alone, but If Small and johnson were act
ing together in a common design and
scheme to commit an unlawful act on the
premises, to assist each other, and if one
of the two struck the fatal blow or did
the strangling, then the other being pres.
ent. or nearby, or on the premises, the
one who may not be actually engaged in
the killing is equally as guilty as the one
who inflicted the fatal violence. 1t is a
serious charge, and you will no doubt
give the testimony the careful considera-
ton it deserves. While you do not occu-
Ply the position of petit jury, where it is
necessary to find a conclusion without a
reasonable doubt, yet you must be salts
fed that Small is guilty before you find
an indictment.
1.-The Prosecutor may present to you a
confession, showing by reputable wit
nesses that it was voluntary act If the
confession was made without inducements
or threats you must act upon it as legal
evidence. BY inducements mean offers
of mitigation of punishment or promises
by one in authority of exemption from
the laws decree. In securing such a con
fession, however, it is lawful to employ
leading questions. Appeals may be made
to the accused mans conscience or moral
nature to secure an admission Of guilt.
This is entirely permissible 1t is proper
to bring before him the question of his
life hereafter and kindred arguments. If
you find that his confession was made
through such means and not under du-
ress, the confession is legal evidence of
guilt.
II believe there is nothing further /
need say on the subject.
The grand jury then retired. The num-
Der of witnesses examined held in ses-
sion until o'clock, when Joseph G. Bow
er. the foreman, handed their findings to
the court.
Judge Hendrickson ordered that the
murder Indictment be filed in the Oyer
and Terminer court, and the others be
handed down to the Quarter Sessions. to
be disposed of in that court
The grand jury was discharged until
such time as it may be needed before the
April term of court
At the request of Judge Hendrickson
Small was then brought into court.
He was in charge of Deputy Sheriff Fleet
wood. Detective Parker, Constable Throck-
morton and three other officers. The
handouts being removed the prisoner was
given seat at table in the bar enclosure.
He wore a serious look and was quite OBJ
serving.
Being commanded to stand up, Prosecu-
tor Atkinson read the indictment, charging
Small with the felonious and wilful MUIR
der of Miss Florence Atkinson, to which
he entered plea of not guilty.
Have you any means or money by
which you can employ counsel?" asked
Judge Hendrickson.
Il don't know as to what can get, re-
piled the accused, who admitted that he
had no property.
The court then appointed T. Logan Gas
kill to defend the prisoner, and Monday,
March 5, was fixed as the date for the trial
to begin.
Other indictments found were one
against Mrs. Berkhouser, Polish woman
living at Burlington, charged with selling
liquor without license, and one against
William Jones, colored, of Burlington,
charged with an atrocious assault and bat
terry on Rosie Tate, his sweetheart, whose
condition was quite critical for several
days.