Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1907-03-21

the court to make the penalty as light as
possible and as the facts warrant. y
Prosecutor Starr, in an address to the
court that appeared to be more Of a plea
for leniency than speech for conviction
said in part, II occupy position today
that | wish could avoid, have known
Mr.. Barnaby since boy-in fact think |
went to school with him. Ny business deal
ings with him while he was Justice Of the
Peace have brought me with him more
perhaps than with any other man in the
county. l, If called upon with. the Others,
would have been required to say the same
things that they have said, have never
found him derelict
''But man in my position must forget
my personal relations with him. The
offense in which he stands charged is ser
ious one, not only from the amount taken,
but because he was derelict in a public
duty. He has abused the public conf
dence. So far as l know this is she first
ime he has committed an offense OF this
kind. ''Now, as framed, this indictments
shows that it Is high misdemeanor for
any officer to obtain for himself or for
another any money not lawfully and justly
due TO him as an officer.
.sDuring the two years covered by this
Indictment there are several specific kinds
Of cases alleging she unlawful taking OF
money. (The amounts which have hereto
fore been printed in the DEMOCRAT were
then enumerated The total amount
taken as alleged in the two years is $3.50 30.
Ii is only fair TO Mr.. Barnaby to explain
shat the major portion Of this bill is $Sl3.4O
which was drawn for man named VIM.
Il. Pickering. Il may be that this was
lawfully expended. The only proof is
that the bills were all made out in Mr..
Barnaby's name as paid to Pickering. Not
withstanding the fact shat be has tried TO
find Pickering the State has been unable
to do so.
80 far as the eyide dence Of the state goes
it bas been unable TO locate the persons to
whom The money was paid. So far as the
infornatiem Of the state is, the moneys
were obbained by Mr.. Barnaby unlawfuliy.
ssIfsmnst be rendered that my dusgNith
the case is now ended. Any extreme pun
ishment in this case, it must be remember
ed, would not only be punishment against
HIM, but also against the wife and child
ren."
The defense then called several character
witnesses who were not in court when the
trial began. They were not cross examined
by the state. John Raohor, Jr.. member Of
the Sd ward, Woodbury.; former sheriff,
Wilson 7. Jones; Henry G. Bender, a
member Of the board from Mantua; Theo.
F. Burkett, citizen of North Woodbury.;
and Daniel F. Hendrickson. resident of
Woodbury. testified.
Judge Jessup, before whom the case was
being tried then called a conference of coun-
sci. Mr. Barnaby who had been sitting be-
side Mr.Avis in the jury box, was called to
stand before the bench and while the conn
sci were comforting he was reading the in
dictment against him.
In imposing sentence Judge Jessup in
part said: "By your plea you have practi-
cally admitted the facts in this Indictment,
ana you practically admit that the charges
in this indictment are true. Therefore it
only remains for the court to impose the
penalty prescribed by law. We have had
the testimony of your character before the
charges in this indictment were made
against you.
1.-THE sentence Of this court is not that you
shall be confined to states prison, because Of
your family. The court will be content
with imposing fine of 5000 and the court
costs.