The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-01-26
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A rule to show cause why the verdic
should not he set aside In the suit of Me
Gowan VS.. Constables Fleetwood ant
Mccormick, of Burlington, was made
returnable in the Common Pleas court
on Thursday.
Ernest Watts, who represented the
defendants, contended the jury reasoned
wrongly in reaching its verdict.
" Claude Palmer said the verdict was
founded on two propositions of law as
stated by the court to the jury.
The matter was continued and counsel
on both sides requested to furnish law
bearing on the subject. While being
elected from her home Mrs. MCGOWAN
was injured. She brought suit and re-
covered damages.
Philip Baynes, of Burlington, came up
for sentence. He pleaded guilty to the
larceny of chickens.
J. NJ. Davis spoke for the prisoner. He
said Baynes had frequented disreputable
house and it was at the suggestion of one
of the inmates that he committed the
crime, and at time when he was under
the influence of liqusr. 1t was the first
time he had ever been arrested, and he
wished an opportunity to redeem himself
He was willing to sign pledge not to
drink liquor, to which his downfall is as
cribed. He had worked both at Roebling
and Florence, and in lengthy petitions
leading citizens from those places gave
him good character until he fell Into his
present trouble.
Judge Horner said the plea of guilty
was to be taken into consideration. The
court was not willing to put the felon's
brand on young man who desired to
reform. In order to see if there was any
moral standing in the defendant, sentence
was suspended on Baynes. He was
placed on probation and given three
months in which to pay the costs of pros
ecution. Baynes fell heir to $4,000 after
being arrested for this crime.
Ernest Watts called the courts atten-
ton to the recent death of George Gilbert
Of Beverly, member Of the Burlington
County Bar, and suggested that suitable
memorial be drafted and placed on the
minutes. Judge Horner adopted the
suggestion and spoke briefly of the high
character of the decease. Mr.. Watts,
Prosecutor Atkinson and George M. Bacon
were appointed committee to draft
resolutions and to present them at meet
ing of the Bar Association on the opening
day of the April term of court.
Edward Williams, colored. charged
with stealing horse from Edward L.
Godfrey, of Mount Laurel, valued at 5000,
and securing $25 on fraudulent note
from Mrs. Eliza Preston, at Moorestown,
pleaded not guilty. He will be tried on
February 4.
William and Benjamin r. Clark then
came up for sentence. They were con-
victed on a serious charge preferred by
their niece. girl under is years of age.
She lived at their home near Hartford.
After the crime the men ran away, one
of them changing his name. This case
had been held pending an investiga-
ton of the character of the witnesses on
whose testimony the men were convicted
Aaron E. Burr asked for new trial on
newly discovered evidence.
Prosecutor Atkinson said there was
nothing in the case to justify the applica-
ton for new trial. Mr. Burr had offer
ed him the use of one of his clients to be
used as states witness, but this PROPOSE
ton was rejected
Judge Horner addressed the prisoners
as, follows: II am very sorry for you
boys. You were tried before as good a
jury as ever sat in the box in this county.
One of your own witnesses was on that
jury, and they gave you the benefit Of
every doubt. have given this case con
sideration and thought and can see no
cause for new trial. The fact that you
ran away to escape arrest no doubt influence
ed the jury. The girl is not of a high
moral type, neither are you. The girls
story is convincing. must accept the
finding of the jury and proceed thereon.
Young girls must be protected. If you
are innocent / am sorry you could not
convince the jury of that fact"
The prisoners were each sentenced to
six years in state prison.
Several Polanders who were engaged in
a fight at house near Riverside, result
ing In one man being badly cut with a
knife, were in court. Bail was demanded
in the case of those who were locked up,
and the trial will take place later on.
Judge Horner announced that appeal
cases would be tried on any Thursday
at convenience of counsel.