The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1910-05-31
Court.

At session of court on Friday, Harry
Glover. of Philadelphia, waived indict.
ment and pleaded guilty to twelve charges
of obtaining money under false pretense.
Automobile owners were his principal
victims, from whom he took subscriptions
for publications in fraudulent manner.
In the case of Walter G.. Penhollow,
former supervising principal Of the public
school at Bordentown, convicted of in
decent assault on Hattie Aaronson, one of
his pupils, Judge Horner rendered deci-
sion in accordance with motion previous
ly made by V. Claude Palmer, that when
his client Is again placed on trial, the
/ charge against him should only be the one
on which he was convicted. This appli.
cation was made after 1t had been shown
that the jury had been tempered with and
the verdict set aside. The court upheld
the contention of Mr.. Palmer that the
verdict as rendered acquitted his client of
tne three major counts in the Indictment.
The decision of the court in part Is as
follows:
1t is commended by the defendants coun-
sci that the finding of verdict of guilty
on the fourth count and no return as to
the first, second and third counts amounts
In law to verdict of not guilty and that
the defendant cannot, without conflict
with the constitutional provisions, be
again tried upon these three counts.
The Prosecutor in his argument con-
tended otherwise. The questions involved
do not seem to have been decided In this
state, at least the courts attention was
not called to any case dealing directly
with the subject, nor did diligent inqui-
ry disclose any such. The matter seems
to have received the consideration of the
courts OF sister jurisdiction and of the
text book writers. While on some of the
points there seems to be contrarity Of
opinion, yet somewhat exhaustive exam
nation OF the text books and of the cases
OF other states, convinces the court that
the plea of the defendant is effective and
that he cannot be again tried on the first,
second and third counts In the Indictment
The demurrer fled by the state Is over
ruled and judgment on the plea may be
entered accordingly.
The three counts in the Indictment
which have been eliminated by the above
decision, charged as follows:
l. Assault with intent to rape
2. Assault with intent with her con-
sent, the girl being under 10 years of age.
3. Assault without consent.
This leaves only the charge of indecent
assault against the defendant. No date
for the retrial has yet been selected
The hrst OF the appeal cases heard was
that OF =. A. Rogers. Riverside plumber, |
against Frederick Zimmerman Rogers
agreed to do some work on property |
owned by Zimmerman for $50. When the |
Dill was presented some extras ran 1t up to |
$69.77. As there was no testimony to |
show for these extras, the court rendered |
a verdict In favor of Rogers for $40.
Alexander Wilkins, who worked for |
Harmer, was arrested for some INSIDE |
meanor While Harmer would not go his |
pail, he paid the young man what he owed |
MIN, $loO, being the amount of wages |
due. Later Wilkins was arrested on |
another change, and at the suggestion of |
counsel he put up the check for BAIL This |
was seized by the Sheriff, an action that
was not sanctioned, and a verdict of no |
cause OF action was rendered.
NO cause of action was also rendered BY |
the Judge In the suit of August Zurbrugg |
VS.. William j. Schwalber, both Of River
side. Zurbrugg is a hardware dealer,
Schwalder was putting up building and !
L. Ross Hecker was the contractor. As |
Zurbrugg did not get all his money, he |
attached the property and had an estoppel |
issued to prevent Schwalber from paying |
Aecker any more money.
The grand jury, which met on Friday, |
found twenty true bills. Among the |
indictments for selling liquor contrary to
law were the following from Florence:
Arthur Young, Stephen Steinetz, Morris |
and Max Palivinick, Abner G. Mitchell |
Charles E. Phillips, Harry Hall and Samuel
Mogel.
Other indictments were Albert Prickett,
township, rape on Hazel
Poinsett, March II.
Readon Richardson, Burlington, neglect |
of family.
Hattie jackson, Bordentown, assault |
with intent to kill George Green, on
March 5.
William Lowell, Burlington, beating his |
wife on December %.
Frank Rossi, of Palmyra, manslaughter |
on April 30, for the death of William H. |
Wallace.