The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1907-10-29

Upon Edwin NJ. Watson and wife,
Moorestown, who were convicted of pc
uniting their son to die without propt
medical attention, a sentence of 800 Wa
| imposed on each defendant, on Wedne,
day, after Judge Horner had dismissed a
application for rule to show cause VIII
new trial should not be granted, whic
motion was made by Thomas B. Hall, o
Camden.
II may be wrong as to the common
law" said Judge Horner in denying tn
application for new trial, "but If l an
there is a higher court to straighten tina
matter out. l am satisfied as to the jus
tice of the law as have found it. TIL,
conviction of these defendants is to show
that such practices cannot be tolerated
If thought it was necessary for the pro
lection of the children of this county te
impose the extreme penalty for man
slaughter would pursue that course in
this case, but believe these persons were
actuated by religious motives which were
not in accordance with the law. The only
object of the sentence is to show that the
law will not countenance such actions
The sentence may prove to be hardship
to the victims, but the law cannot regard
persons or conditions in such cases. espe
cially in face of the jury's verdict want
it understood far and wide that the sen.
tence in this case does not establish q
precedent for punishment In manslaug Oh.
ter cases in this county in the future.
These defendants have suffered greater
mental punishment over the loss of their
child than any sentence of the law can
bring to them, and mine, indeed, is an
unpleasant duty"
Judge Horner stated that parents must
not consider that they have sole right to
their children, as the state has an interest
in every child born. The law requires pa
rents to maintain children of tender years
in times of sickness, and the testimony
supported what we're considered the re-
quirements in this case.
Addressing the court Mr.. Hall said that
In his opinion the common law does not
set forth such crime as charged in the
case, and the testimony did not support
the conviction that indicated culpable
negligence on the part of the defendants.
He said the only testimony to be consid-
cred was that of DR.. Stroud, the physi-
clan who first saw the boy after the pa
rents had become alarmed over the childs
condition. Dr. Stroud said the boy "pos-
sibly may have recovered" had medical
attendance been provided at the begin
ming of the illness, and Mr. Hall believed
that such an uncertainty as confronted
DIR. Stroud should prove favorable to the
defendants. Referring to the absence of
q statute to furnish basis for the indict-
ment, Mr.. Hall stated that he did not con-
slider it well for the court to assume the
functions of legislative body or the re-
attending the absence of leg
station.
Mr.. Hall felt certain that under the evil
tence the verdict was not justified. Sew
eral errors contained in the charge to the
jury were to the discredit of the defend
ants. Tc make a person guilty of unin-
manslaughter, he must do some
hing that will produce an unintentional
act. Necessarily it must have been the
Intention of the parents to neglect their
1uty TO the child before verdict of man
slaughter could be rendered, and had diff
ferent wording been used on the matter of
intent in the charge, the jury would never
nave grasped the idea that the defend
ants had intended to neglect their duty
Counsel contended that the only charge
hat could be preferred against these peo
pie was error of judgment. Before SEN
5ence was passed Mr.. Hall claimed there
was no evidence to convict Mrs. Watson.
"That matter was up to the jury" re-
marked Judge Horner, "and l charged
hem specifically on that point"
Bail was renewed for the Watsons pend
ing an appeal of their case to the higher
court.
Charged with keeping a disorderly
house, Mrs. Jane Mclaughlin, an aged
of Bordentown, was placed on
trial and a verdict of guilty rendered
against her. She was charged with sell
ing hard cider. She had previously en-
tered a plea of guilty to selling cider, but
as she insisted that it was sweet cider,
and wouldn't make any one drunk, the
court refused to accept the plea and adj
vised her to stand trial. Sentence was
because of her age and after
receiving some wholesome advice from
the court, the defendant was paroled in
the costody of her counsel, Harold B.
Wells.
In the case of Mark Rotman, of Bor-
dentown, charged with receiving lot of
iron stolen from the yard of the Pennsyl-
vania Railroad Company, the testimony
of number of boys was not conclusive,
and the defendant was acquitted.
For stealing pair of shoes from James
Madden, of Moorestown, John Potter. on
his own plea of guilty, was sentenced to
sixty days in the county jail
Sentence was temporarily suspended on
Alexander Elder and Michael Ryan who
pleaded guilty to trying to dispose of
some railroad tickets at Riverside, which
they claimed had not been stolen by
themselves. The matter is being investi
gated.
James Mullen, who picked up pocket
book belonging to William Ravens, of
Mount Laurel, which he dropped while in
the Washington House, pleaded guilty to
larceny. Judge Horner told Mullen that
he was considered a great nuisance in
Mount Holly, and there had been many
complaints of his being drunk and using
bad language on the street, all of which.
Mullen said, was news to him, as he had
never heard any complaints of that sort.
Sixty days in the county Jail was his SEN
tence.
William Taylor was sentenced to nine
months In the state prison. He admitted
robbing Nathaniel Dudley. of Mount Lau-
rel. by whom he was employed. He also
confessed to having been in jail before.
Averdict of guilty was rendered in the
appeal case of Reba Horner, of Julius
town, against Gordon Bodine, of Mount
Holly. The plaintiff, % years of age, who
formerly lived in Mount Holly, had hel
child in court with her.
Remember the Hospital.