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

of Joseph Kahn, aged 10 years. SON of M
and Mrs. John Kahn. of West Burlington
who was indicted for manslaughter. Th
youthful prisoner was defended by Ernei
Watts.
Elizabeth Lord, mother of the deceased
said her daughter was not 4 years oil
when killed. The shooting took plac
about o'clock on the evening of July Is
last While ironing at q window witnes
saw Kahn with gun. He was about tel
feet away from her daughter. Before sh
could cry out the gun went off. She rush
ed out of the house and was met by Joseph
who said: "Come quick, Frances is hurt.
Mrs Lord replied: Eyes, Joe, you sho
her." The mother attempted to run bu
her heart failed her. She saw the little on'
lying on the ground with blood running
from her head. Frances died In about 81
minutes. Witness denied saying to Thomas
Stokes: do not be afraid, we are moi
going to put any blame on you" She also
denied that Mrs. Kahn told her to keep
her children home that night. The last
time Mrs. Lord saw her child Frances was
in lot picking blackberries. Returning
to the kitchen door the little one then ran
to the Kahn home, about 120 yards distant.
Edwin G. Lord, the father, was home
when the accident happened. he heard
the report of the gun and his wife ran out
of the house screaming. He ran to the
spot and picked up his child and carried
1t home. Frances was unconscious. Jos
eph ran up to Lord and said: II did not
do it. You can blame me as much as you
please, but l did not 1t. 1t was Thomas
Cakes"
Drs. milford and Newcomb were sum-
moned. They found the child covered
with blood on the left side. Into the
clotted blood her hair had been inter
mingled, which obliterated the shot
wounds In the head.
Thomas Cakes, aged II years, was then
called. Although he could speak some
English, Polish interpreter became ne
cessary. Mr.. Watts objected to the wit
ness being sworn. and then the court and
counsel took a hand In examining the
witness Cakes said he did not know
what would happen to him if he did not
tell the truth. He had never heard of
God. Judge Horner said the boy had
had no training of any kind and he was
excused.
John Kahn, father of the defendant. said
the gun used on this occasion belonged to
him, and when 1t was produced In court
he identified 1t as his property. He kept
it anywhere in the house, usually resting
on the muzzle. He had placed two loads
in the weapon to kill crows He discharg-
ed one load but could not get the other to
go off. This was drawn from the barrel
by his eldest son, who reloaded the gun
unknown to him. To witness Joseph said
he did not do 1t, that two boys had hold
of the gun when 1t went off. II could
not get no other story out of him." re-
marked the father.
Mary Kahn, the mother, said she and
her husband were not home at the time
of the shooting. They had gone up town,
leaving their children at home.
County Auditor Robert Peacock saw
Joseph In the City Hall at Burlington. to
which place he had been sent by Prosecu-
tor Atkinson to get statement from the
prisoner. The latter was properly eau
toned before given an opportunity to
speak. The confession which the boy
made of the shooting was taken down
geographically by Mr.. Peacock. and the
next day 1t was transcribed on a type.
writer. The paper used was only such as
could be found at the City Hall. Police
man Sell was present at the time. Pea
cock denied telling Joseph that 1t would
be easier for him if he told the truth, add
ing that he held out no inducement fol
the statement. In this the witness was
corroborated by Sell.
Mr.. Watts objected to the admission of
the confession and demanded the original
notes, which the court said counsel was
entitled TO. Peacock had made diligent
search but could not find them. Had they
been In book form they would have been
more carefully preserved. The confess
sion was then read, and in part is as fol-
lows:
"The gun was standing near the pump.
/ got it and said: Look out, Frances, l
am going to shoot She put her hands
over her face. Two Polish boys were on
the side of me. No one had hold of the
gun when it went off. l said was going
to shoot Fred Roberts once. At that time
the gun went off In the air. ! had pistol
once that played with. liked Frances.
/ had my finger on the trigger. pulled
a little and 1t went off. l went and told
her mother that 1 was monkeying with
the gun and it went off and killed her. l
know did wrong. told my mother the
Polish boys did it and l lied to her. l
knew father always kept the gun loaded.
l got the gun to play robber and Indian.
l was locked up once for stealing a water
melon. After shot Frances l went to
the river and told my brother l had shot
her in the head"
In his opening Mr.. Watts said that his
defence was known as misadventure, and
that under the law the defendant must be
acquitted, and he asked for such verdict.
Counsel said that Joseph Kahn was trying
to get the gun from the Polish boys, and
just as the girl came down the lane 1t
went of.
Joseph Kahn, the defendant, was the
first witness for the defence. He is a
bright little chap and spoke intelligently.
He said: Frances was playmate of
mine. On the fatal day two Polish boys
took the gun out of the kitchen and l took
1t from them. saw a girl coming but
didn't know who it was. The gun went
off and struck her. ran aud told Mrs.
Lord. l didn't know the gun was loaded.
When saw cap on the gun / grabbed
1t, and Polish boy held on oft. called
to Frances to look out as l thought 1t
might be loaded told Mrs. Lord me
and Tom did it. Mr.. Peacock told me ii
1 told the truth would get out better.
was very much worried and scared over
the accident" On cross-examination Jos
eph said he was trying to raise the gun
for fear 1t would go off.
Joseph NJ. Dawson, of Camden, en-
gineer at the plant Of the Burlington
Sewage Company, heard the gun go off