The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-10-19

who were then standing were trying tc
! make him believe that he could not see
from his house, as darkness and other
reasons prevented. The witness said he
had nothing but good feeling for the de-
PENDANTS, who are his neighbors.
Harry Snyder took the stand and said:
"On the day of the shooting was an ap-
prentice at the Smithville machine works.
l saw In the newspapers that Mr.. Kirby
had nice peach orchard. After supper
Major and l concluded to go over and
look at it. Alonzo Kirby and Gravatt
were in the orchard and they knew who
we WERE Gravatt said: Amt you got
enough of them peaches YETI LONE give
me the gun and will shoot them We
got scared and ran thirty-one yards when
both of us were shot. l was staggered
from the shot of the first load, and at the
second shot l fell. Major helped me
along to the cornfeld. Blood was pour
ing out of my mouth and / could hardly
breathe. Some days have pain in my
lungs and have not yet become strong
enough to resume work. l did not go to
the orchard to steal. didn't think there
would be any harm to go In his peach
orchard, as the Kirbys were in the habit
of coming on our farm unannounced and
helping themselves. We hadn't a peach
when Gravatt spoke to us, and we had
made no effort to get away" Didn't
you go to the orchard once with Archie
Woolston to get peaches, and say you
were sorry you hadn't basket to take
some home to your mother2' Harvey
denied this. as well as to state that he did
not 60 to the orchard with Archie, and af-
ter seeing man in field turned backl
Harvey also denied telling Archie as a
special favor not to say that they had been
in the orchard.
Elmer Major said that when they reached
the orchard Gravatt said: eve have got
enough of them" He fred before we had
a chance to speak. received five shot
from the first barrel. On that evening we
decided to take walk after supper ard
landed in the orchard. We didn't go there
after peaches, as we had plenty at home.
While Detective Parker and Constable
Throckmorton were making some measure
ments on the farm, Kirby and Gravatt
said they did not know who the boys were.
Misadventure was the defence advanced
by Mr.. Budd. 1t was shown that Asher
Kirby had been robbed of peaches by the
wagon load, that many of his trees had
been stripped and the loss was heavy. To
put stop to this the orchard was watched,
ing an eye on the premises for thieves,
the boys were shot. Counsel commended
that after dark farmers had right to pro-
tect their property, and good dog or a
gun were generally the methods used for
this purpose. While farmers pay taxes
they do not get the same protection as
people living in town and cities, where
they have police, electric alarms, red
lights, etc., to summon an officer when
thieves are about.
By his witnesses Mr.. Budd showed that
there was no intent to kill or inflict bodily
harm. While it was their purpose to
shoot when they saw strangers in the
field, they intended to shoot high to
brighten off the intruders, which they had
right to do under the law. Unfortunate
lY, however, the gun was not elevated
sufficiently and the shot took effect
The jury found both defendants guilty on
the indictments charging them with as
sault and battery, and ignored the other
two indictments, which specified assault
and battery with intent to kill.
Judge Horner exc used the panel of
jurors until Monday, October %.