The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1906-11-20
Court.

. Judge 0aSKlll mdu6 announcement ina
I he would sit on Tuesday, November %
at which time Sheriff Norcross would
draw panel of petit jurors for the De
Z cember term of court, which will not be
gin urtil December &c. because the reg
ular opening day falls on Christmas.
Judge Gaskill then placed his signature
f to papers which formally committed the
e following persons to the Burlington Coun-
Y ty Insane Asylum Martha Hudson, Ju-
: liustown; Mary A. Banks, Burlington:
Mary Ann Hunter and Lucy A. Foster,
e Bordentown; Ann Eliza Shinn, Stanwick,
C the latter being private patient.
: Reference was made by Judge Gaskil
: to the fact that under the laws of 1906 the
r office Of Surrogate goes on a salary basis,
and that it was the duty of the court to
I make monthly audit of the fees, which
are to go into the county treasury The
Judge said the Surrogate could appoint a
deputy whose salary would be 800 per
, month The lady clerk, who will do
transcribing, will receive $25 per month.
which may be increased as she becomes
more proficient. thus being able to earn
more money for the county. Judge Gas
; kill authorized Surrogate Lippincott to
reappoint Joseph Huff as deputy for
three months at a salary of $3.50 per
, month. This figure vas in consideration
of Mr. Huff's knowledge of the business,
attained from years of experience in the
office and his familiarity with the fees
which are charged.
| Ernest Watts made application for a
J distribution of the funds realized from
the sale of lands belonging to the estate
of Harry r. Beldin, deceased, of Bur
lington. In this connection the court al
lowed the commissioners S. each and gave
counsel fee of $25.
Charles Binck was the first person to re-
ceive consideration in the criminal de-
partment of the court. He pleaded guilty
to charge of assault and battery on
William A. Nixon, of Burlington. After
committing the crime Binck was arrested
but he left the state and became fugi-
tive from justice until he was apprehend-
ed at Trenton in response to letter which
Prosecutor Atkinson received from Cover
nor Stokes.
Ernest Watts, who represented the pris
oner, made plea in his behalf. Counsel
admitted that his client had jumped his
bail, which was forfeited 1t was stated
that in the assault Binck had partially
acted in self-defence, and that small fine
was all that the case demanded. Binck
has a good situation in Trenton, from
which he is able to support his family
Counsel suggested that the defendant
be compelled to reimburse his mother-in-
law for the bail which she was compelled
to pay, amounting to $25 This Binck
agreed to do. The court imposed a fine
of $25, and gave the defendant permits
sion to arrange with the Sheriff for pay
ing the same
Prosecutor Atkinson became somewhat
tongue-tied when he called on two boys to
plead. They were Paskey Nougouch and
Joseph Sharkey, alias Joseph McBreen, of |
Philadelphia. They signed waiver of
indictment to a charge of entering the |
house of Howard Lippincott, of Chester,
and stealing a sink, both pleading guilty |
Nougouch, the larger of the two, and |
who controlled an influence over his com
panion, was committed to the Railway
Reformatory, because he has a criminal |
record.
A statement was made in behalf of |
SharkeY, who is only fourteen years old. !
Although very young the court was in
formed that he was the sole support of |
the family of five children and that the |
father was lying at the point of death |
from consumption. Judge Gaskill sent
the boy home under a suspended sentence
without placing him in the care Of the
probationer officer.
Amos K. Ashby, of Burlington, who |
had been convicted of brutally ASSEMBLING |
John Tracy, came up for sentence Ernest |
Watts said there were many extenuating |
circumstances and referred to the fact |
that the jury had recommended mercy in |
the case. Ashby had been bounded for |
years by Tracy with threats to kill him. I
He had been insulted in the presence of |
his family and suffered many indignities |
from the complainant without resenting |
them. When the assault was committed |
oh rrx yOra rs To-
he believed Tracy would carry out bis
oft repeated threat. In the trial of the
case counsel said his contention would |
have been complete, except that perhaps |
his client used some excessive force by
stamping on Tracy, going beyond the
point where he was justified in making
the assault. Counsel thought that the
witnesses who testified on this point must
have been mistaken, as there were only |
two or three slight bruises on Tracy,
while AshbY weighs over two hundred |
pounds. Counsel stated that two witnesses
who testified for the defence have since
been threatened with death by Tracy, and
that one of them applied to Justice Smith
for permission to carry revolver for his
own protection. Since the facts in the
case have become known public sentiment
had changed in favor of the defendant A
light fine would meet the ends of Justice
1t was stated that no letters bearing on
the matter had been received either by
the Court or Prosecutor, but the latter
said he had oral statements from eve wit I
nesses who thought the assault was the
most brutal affair they had ever seen. The
Prosecutor said he didn't believe Ashby
was any more afraid Of Tracy than he was
of him.
Judge Gaskill said he did not think Ash
by feared that he was in danger of his
life. Although he had evidently submit
ted to many insults he was not justified in
the assault which was made in the heat
of passion. If the assault had stopped |
after knocking Tracy down, the court
would have no difficulty in settling the
matter. Judge Gaskill could not think |
that Ash5y jumped on Tracy, but he did |
kick him while down, and it is that feature
that calls for punishment and which led !
the grand jury to find an Indictment.
The court imposed a sentence of 5000 |
and costs.
The next case was one in which there
seemed to be very little defence being the |
appeal of George Rendell, as the executor
of Lydia E. Broom, deceased, of Vincen-
town. to recover sick benefits amounting
to $18 from Star of Washington Council, |
No. 30, Daughters of America, of Mount
Holly.
Mrs. Austin, the recording secretary,
testified that the money had been paid to
the father and brother of the deceased.
Mr.. Rendell said he was not member
of the lodge, and admitted that no appeal
had been made in the order
In reply to question from the court,
Mr.. Shinn said: II intend to move for
dismissal of the case on the ground that
the provisions of the contract which the
deceased entered into with the order at
the time Of joining have not been com
piled with"
1.-The court will give judgment in favor
of the defendant" said Judge Gaskill
This decision was temporarily suspended,
however because of an order issued to
Mr.. Hillman to furnish brief giving au-
thority to sustain an argument which he
was not permitted to make, that no one
but member is bound by the laws of the
order.
Thomas Baker, who shot the daughter
of Davis Ellis, of Centreton, which re-
suited in a slight wound, was discharged
the shooting being purely accidental
Appointed to a Nice Office.
Attorney General Robert H. McCarter
has appointed Nelson Burr Gaskill, of
Mount HOllV as assistant attorney general