The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1908-06-30

While expressing their views before Il

Court
While expressing their views before the
8 opening of Thursdays session of court,
some of the lawyers present remarked
that Judge Horner was giving very good
court service. Business for the day was
not finished until after 2 p NJ
There were several applications ready
to be presented to the court for the admis-
sion of private patients to the Burlington
County Insane Asylum, but owing to diff
, ficulty experienced heretofore, Judge Hor-
ner would not sign the orders until the
bonds are presented and approved.
Announcement was made that there
would be sessions of court on July 2. 8,
16 and %, and that there would be no
court during the month of August. In
case of the absence of Judge Horner on
July 16, either Judges Joline or Starr will
be present.
The rule to show cause why new trial
should not be granted in the case of Will
having received quantity of shoes that
were stolen from the factory of Assem-
blyman Lewis, at Burlington, was the first
matter taken up. The defendant, who
was at liberty under 81 900 bail, was rep
resented by Eckard p. Budd The latter
stated that there was no testimony at the
trial of his client showing larceny, on
which count In the indictment Noble was
acquitted. Counsel thought the defend
ant did not exercise proper prudence in
accepting the shoes. and on this count he
was convicted by his own testimony. The
proving of an alibi showed that Noble did
not commit the robbery. Mr.. Budd con-
tended that the jury's verdict could not
stand as the crime was committed in Mer-
Ger county, and he moved that the YER
dict be set aside.
Prosecutor Atkinson said the counts in
the indictment of breaking and entering.
larceny and receiving stolen goods were
so closely interviewer that this court had
Jurisdiction. He could find very little
law on the subject, but an old English
law was cited to show that the suit in this
county was legal, as the receiving OF
goods In another county is continuance
of the same crime. and is the same as re-
ceiviag the goods in this county, where
they were stolen.
Judge Horner said that law would ap-
ply in the matter of common carrier,
but there was no evidence to show that
Noble had connection with the burglars
The Judge said he was disposed to grant
new trial, as be would not sustain con-
viction on inference
AT the request of counsel the bail was
reduced to 5000, and Mr.. Budd became
the surety. If at the September term of
court the case is not moved, the defend
ant will then be released on his own re-
cognizance.
Ethel Phillips, of Toms River, aged 20
years, came into court from the county
Jail with her baby in her arms. 1t was
this little child that Ethel abandoned in
the cellar of an old building at Pember
ton.
Eckard P. Budd spoke on behalf of the
prisoner. He said that when she came
from the hospital she had not become at
tached to the child, and was in position
to do something rash that she would not
do again. The little one now comes in
for attention. The father is employed in
the life-saving service. The court should
suspend sentence and send the woman
home, and if her protests of regret are not
81 10 har hoa nd
tence her to the limit of anything the law
allows for this crime. If she is sentenced
to prison that hardens person. From
my talk with this girl feel satisfied she
is sincere. Let her go to her fathers
home and / feel satisfied that she may be-
come an upright woman, in which event
the court will feel that it has done good
thing. We don't ask that the defendant
be sent away without punishment. If she
don't give the child that care which a
mother should, bring her back and put
the strong arm of the law upon her. Give
the woman an opportunity to show her
regret"
In reply Judge Horner said: During
my term of Office have never had case
so complicated as this The more l con-
slider it the more become confused. This
woman has violated the law and no doubt
she should be punished She has fallen,
and this is not her first offence. Society
cannot allow these offences to go I'M
checked. My only regret is that she is
not younger, so that l could send her to
the state home for girls. The child is to !
be given great consideration. Confne-
ment in Jail would probably result in the
death of the little one. l think the girl
has been neglected and can't say much
for the mother. The father is hard
working man of good repute, but he is
away from home most of the time. If l
permit the woman to go free and anything
happens to the child, people will think
the laws are being passed over without
any attention to her licentious relations
with Toms River man who is not In this |
case. In her case am not willing to shut
the door against hope. She may be re-
leased from the county Jail by furnishing
5000 bail for her appearance in court on
the first Thursday in October, when she
must have her baby with her. She must
write letters weekly to Probation Officer
Slaughter, telling how she is getting
along, and she must also furnish letter
| from the pastor of the Methodist Church
at Bayville, of which she is a member.
If she fails she must expect severe pun
ishment. If 1t comes to the knowledge of
the court that she is remiss in her atten-
ton to the child or social conditions,
will have her brought back, punished,
and the child taken from her. At one
time she almost took the last chance from
the child, and now this her last chance"
Abner Rogers and John Alloway, who
are charged with breaking and entering
the stores of A. R. Pitman and Harry
Allen, of Vincentown, were brought in
from the jail. Rogers entered plea of
guilty, but Alloway said he was not
guilty.
In a statement made to the court, and In
answer to questions put to him. Rogers
admitted making a confession in which
he implicated Alloway. On Thursday,
however, he retracted that statement and
said Alloway was not there.
"Why did you tell me Alloway was
with you p asked Prosecutor Atkinson.
This brought the prisoner toa standstill.
The question was repeated several times
and Rogers turned red in the face. FL
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