The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-10-26

Court.
O The regular session of court was held {
C Thursday and several prisoners were SCI
t fenced. The first persons called wei
8 Alonzo P. Kirby and David Gravatt, WI
were convicted of assault and battery
shooting some young men who were
. the peach orchard of Kirby's father. E.
Prosecutor Budd, who represented the al
cused, made strong plea for clemenc
and held that the affair was mere acc
dent. He thought that Kirby should b
allowed to escape as he really had no PAL
In the shooting.
Judge Horner took different view o
the case. He felt that Kirby was equal.
guilty with Gravatt, as he was tn
first man to go out to the orchard with tn
gun. Gravatt came later. The Judg
thought that the entire truth had no
been brought out on either side. Tn
statement of the boys that they wer'
merely on visit of inspection was not SO
and he could not reconcile the result will
the statement of defendants that they sho
only to scare. He was inclined to believe
that there was desire on the part of the
shooter to pepper" the boys and the
closeness of range and the possible dam
age was not taken into consideration
While he sympathized with farmers who
are subjected to all sorts of annoyance
through depredations, yet to let this cast
go unpublished would be to give to every
other farmer a right to break the law, as
it is strictly illegal to shoot anyone as the
boys were shot. There were two indict'
ments and on one of them the court sus-
pended sentence and on the other he fined
each man 800.
rigan were called for sentence of assault
and battery on William Thompson, OF
Riverton. Henry II. Savage represented
the men and said it was peculiar case and
there must have been much doubt In the
minds of the jurors about the guilt
of Kerrigan. Lanigan had pleaded guilty.
There are certain epithets which, when
applied to men, stir up the blood and 1t is
not surprising that those upon whom they
are bestowed resent them. These men
were not toughs, In drunken brawl, but
one of them had gone to the aid of the
other. Mr.. Savage pleaded with the
court to give the accused a chance to be-
gin new life.
In speaking to Lsnigan Judge Horner
said he was sorry to meet the young man
in this position, but commended him for
pleading guilty. If the charge of the
young woman, which appeared to be a
side issue in this case, was true. the situa-
ton was very grave. While the young
man may have felt that he was justified
in action the court could not see 1t In that
light and fine of $25 was imposed.
To Kerrigan the Judge remarked that
this was not his first appearance before
the court. ITO use common expression,
said the Judge, you are standing on very
thin ice If imprisonment were the pun
ishment there would be one of two places
to send you-the county jail or the state
prison. The fact that you have been con-
victed here before prevents your being
sent to the Reformatory. The evidence
of one of the witnesses was to the effect
that you gave certain sort of blow that
was peculiarly your own. If you are in
the habit Of hitting people yon had better
get out Of it. as you may do some harm
that will result disastrously not only to
the person you attack but TO yourself.
You are fined $50"
Five Italians with the usual unpro-
names, were next called.
Martin j. Devlin, Trenton lawyer, plead
ed their case. Mr.. Devlin said he would
not take up the time of the court In re-
hearsing the case, as the jury had settled
the question of guilt. All he would do
would be to ask as much leniency as could
be exercised.
Judge Horner replied that this case had
given the court much anxiety. Toimpose
sentence was always disagreeable task,
but in this instance the jury had settled
all doubt which might arise. The offence
charged was stealing some money. The
men claimed they found it, and the court
1t was case of believing they
had right to keep what they found; he
did not think it was deliberate theft.
But the offence could not be overlooked.
The prisoners were foreigners and the
court felt some sympathy for them on that
account. He felt an example should be
made, however, and he imposed fine of
$25 on each one.
John Wishnesky was the next man to
stand up. He was represented by James
M. Davis, and he said he honestly believed
the jury had returned verdict not justi-
fed by the evidence. The man was &C
cused of stealing chickens and selling
them to a woman. She swore that she
had bought them of the prisoner and he
testified that he had sold chickens to the
woman but those In question were not the
ones. Mr.. Davis dwelt upon the state
ment of the court that foreigners, not
used to our laws. not long enough in the
Ito get acquainted with them,
should not be harshly dwelt with, and he
asked that sentence be suspended.
Prosecutor Atkinson replied that the
jury had settled the question of guilt and
he took exception to the idea that foreign
ers must be treated any differently than
natives.
The court thought the evidence was
conclusive of the guilt of the man and
gave him three months in Jail.
George Maldoon was sent to the county
Jail for four months for embezzlement of
Another Italian was called to receive
punishment for assaulting man at Roeb-
ling. The two men were working at that
place when the other fellow insisted up
ON taking the defendants wheelbrrrow.
This did not suit and the prisoner hit the
other fellow over the head with a shovel,
causing him to loose several days from his
work.
In speaking on this case the Prosecutor
said he wanted to say one thing land he
meant it, which caused the Judge to re-
mark that he hoped Mr.. Atkinson did not
say things In court that he did not mean.