The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-03-16

that there was no assault and battery
Carey was employed on a bridge. an6
brought another employe to the house
Mrs. Carey objected and told the man h
must cease his visits. The man threaten
ed her. This preyed on her mind to such al
extent that on the night in question she
awoke from a bad dream aud after knock
ing some furniture over, she fell down
stairs. Carey followed her and instead OF
saying % you, get it, he did say ID
it, what is 1t r
Mrs. Margaret Carey was called as the
first witness. The Prosecutor asked for a
stenographer and Robert Peacock was
allowed to act. The witness is the wife OF
Thomas Carey, and has been married 50
years, living in this state all that time.
On the night of January 5. she awoke and
thought she saw man at her bedside.
She screamed and jumped out of bed and
fell over a chair and struck marble top
bureau. Her husband grabbed her and
she fell down the stairs. Carey followed
her and took her to lower room and
while he was trying to make light she
slipped out to the barn and stayed there
until her husband went out and took her
in. She admitted saying to her husband,
Tommy, let me 60, as he was trying to
hold her. The man she thought was pur-
suing her had been working on the bridge
and had been boarding at her house and
carrying whiskeY to the house. She order
ed him to leave the place and she had
been compelled to throw hot water at
him. Three days before the occurrence
he scared her so she could not get the
man off her mind. Her husband never
assaulted her. Her version of the visit of
Gilbert to the house was that she did not
call him into the house, but he went in on
his own accord and said she must have
Tom arrested, but she said she would not
for this offence as he was not guilty.
Squire Slack, she said, called at the house
and wrote something which in her con-
fused state, she did not know the contents
of. and she signed the paper after being
assured that it would not affect Thomas.
On cross-examination she said she did
not tell Dr. Stroud or any one else about
the dream. The complaint was shown
her and she said Squire Slack read some
thing, she cid not know what 1t was.
When Tom brought her in from the barn
he went to bed, but Mrs. Carey stayed on
the lounge all night. She did feel the
hurts very much all night.
Thomas Carey then took the stand. He
is SO years of age and has been in this
country forty years. He owns five or six
houses at Hartford. In January he was
at work on bridge near Hartford. A
man named Lutz boarded at his house.
Mrs. Carey objected to his boarding there,
but Carey did not know why. On the
night of the 9th he went home about z
o'clock. He was sober, and went to bed
about 8 o'clock He was awakened by
the noises related by his wife, and cor
roborated her story. The next morning
he got his own breakfast and on starting
to work he saw Constable Gilbert and
told him Mrs Gilbert was not feeling
well and If he heard anything to please
go in and attend to her.
Before being arrested he went into the
house and said to Mrs. Murphy, 1T is all
over now, and the matter may as well
rest now" Then he went to Moorestown
and got half-pint of whiskey He said
Gilbert was an enemy to him and they
had had words. Carey said he did not
strike his wife or ill-treat her in any way
on the night of January s.
On cross examination Carey said Gill
bert had always been his enemy, but he
had rented the constable house within
two years His court record was pro-
duced His memory was very poor on
these points
John Murphy lives at Moorestown, and
has lived there thirteen years. When the
stone road was built between Moorestown
and Hartford in 1902, Constable Gilbert
said he hoped "he would never die until
he saw Carey behind the bars
R. J. B. Slack was recalled in rebuttal.
He was shown the complaint. Before
he took the complaint he asked Mrs.
Carey about the circumstances. She said
her husband had committed the assault.
The complaint was read to her, and she
said the contents were true and signed
her name and swore to the paper She
said she could not stand this treatment
any longer and that something must be
done.
-On-cross examination Mr.. Slack said he
did not tell Mrs. Carey that if she did not
make complaint someone else would, nor
did he say that nothing she would do
would harm her husband.
Charles Gilbert, recalled, said Mrs. Ca
rey told him she stayed in the barn all
night He was present when Justice
Slack took the complaint and read it to
her, and she signed it. She told the
Squire that Tom had hurt her and she
wanted him held.
Mrs. Ida Clayton said Mrs. Carey told
her that was the worst beating Tom had
ever given her and she did not believe she
could ever live with him again.
Mrs. Murphy was present when Mrs.
Carey signed the complaint. She said it
was the worst beating her husband had
ever given her She did not then, or at
any time, speak of the dream.
The Prosecutor was then sworn and
proved that the Thomas Carey named in
the court records was the same man now
before the court.
Both sides rested and the case was argu-
ed by counsel.
The jury then retired and the Sheriff
called another jury to try the other indict-
ment against Thomas Carey, for assault
and battery upon Constable Gilbert while
in the discharge of his duty.
The indictment was a consequence of
that which had just been concluded.
Charles Gilbert, constable, went to arrest
Carey on the other charge. The prisoner
resisted and struck the officer several
times.
Charles Gilbert told of receiving the
warrant for the arrest of Carey. 1t was
issued on the complaint of Mrs. Carey,
and was delivered to the Office about II
o,oloot ond uarved IL at ahout noon He