The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1910-07-12


in jail, as he runs wild occasionally. 1t
was thought that if sentence was sus-
pended and Benjamin released under pro-
baton, it might straighten him out. Owing
to there being some doubt as to the theft
charged against the young man, his name
was added to the list kept by the proba-
tion officer, and he was ordered to pay
the cost of the prosecution, amounting to
$24.48 ''And don't you steal the money
to pay it with, cautioned the court.
james PEG, resident of Bristol for
three years, but whose parents live in the
old country. stated that he was 81 years
old. The young man created sensation
by committing series of burglaries at
Burlington about month ago, and to the
charges against him he pleaded guilty.
Gaining entrance to the home of Geo.
Gregg, the prisoner stole a watch, and
some money. At the house of Perry E..
Robinson he got pair of opera glasses
and some other articles But PEG came
to grief when he robbed the house of
Lewis G. Morton. The latter grappled
with man whom he saw in his bed room
at o'clock In the morning. and held him
until the arrival of the police. Taken to
the office of Justice Smith, the defendant
was searched and the goods found which
he had taken from the other houses which
he had robbed. In explanation of his
conduct the prisoner said strange man
got him drunk and took him into the
houses. PEG stated that he had never
been in prison. AS the officers knew
nothing about his history, the case was
laid over further investigation.
Joseph P. Fem and William r. Gilpin,
former business men of Burlington, were
called upon to plead to an indictment
charging them with obtaining $735 under
| false pretenses from the Union National
Bank. of Mount Holly. by representing
| their assets to be over ST., 900. Both de-
PENDANTS pleaded not guilty.
| V. Claude Palmer represented Gilpin,
who furnished 81 500 bail fer his appear
ance at the September term of court.
| Reference was made to the fact that
Fem became fugitive after an indict-
ment had been found against him. He
was remanded to jail, where he was first
confined In default of 81, 900 bail.
In the matter of the commitment of
Sarah Fish, of Wall street, Mount Holly,
to the county insane asylum. 1t developed
| from testimony offered that the unfortun-
ate woman was only visitor here and
that she resided at Trenton. The matter
was referred to Budd M. Rigg, county
solicitor, and he will have the woman
formally committed to the asylum at
Trenton.
Formal commitments to the county in
sane asylum were, those of DIR. Joseph @.
Still, of Mount Holly, and Orville Chad
bourne, of Burlington. The latter was
popular as the proprietor of a bowling
alley. He inherited large sum of money
but lost much of 1t as the result of finan-
cial reverses. This fact, together with
the probability of permanently losing his
eyesight, unbalanced his mind.
| The suit of George f. Meyer to recover
$50 from Gen. e. Burd Grub was with
drawn. 1t appears that the proceedings
In this case were irregular, as the claim
should have been presented to the Edge
water Park Iron Company. When this Is
done the bill will be promptly paid. AS
president of the company, Gen. Grub
would not stand for personal suit against
him.
In the absence of any objection, the
license for Lewis Fl. Wallaces hotel at
Palmyra was transferred to John Blum,
of Jenkintown, Pa.
| A motion made by Harold B. Wells
proved quite novel to the court. He re-
presented Clark B. Rogers, administrator
of the estate of Harry H. Dean, deceased.
of Bordentown. The administrator is the
only creditor, and is the undertaken who
buried the young man. After the Surro-
gate had granted letters of administration
Mr.. Rogers went to the Bordentown bank
after Deans funds. but he could not get
the money. owing to the fact that the
middle letter was not correct. Mr.. Wells
moved to have the court change the name
Of Harry E. Dean to Harry II. Dean, but
Judge Horner said he had no jurisdiction.
1t was suggested that application might be
made to have the original letters revoked
and new ones issued. Having issued
letters In the estate Surrogate Lippincott
referred all further action to the Orphans
court. The law bearing on the case will
be looked up In order to get the action
required.
James M. Davis then began argument
on his application for new trial In the
case of James Abrams, recently convicted
of charge of rape preferred by Hazel
Poinsett, of Red Lion.
Mr.. Davis declared that the verdict was
against the weight of evidence, although
there were some testimony presented on
which the defendant might have been
convicted. He endeavored to show that
the evidence fatty contradicted the wit
nesses on whose testimony conviction was
obtained. Counsel pointed out that some
of the witnesses contradicted themselves
Counsel called attention to the fact that
there was no denial of the witnesses who
were up stairs that any crime had been
committed there. There was no corrobor
alton In this whole prosecution against
Abrams, except by the prosecutrix, against
whose testimony the defendant stands on
equal grounds. 1t is good rule for wit
nesses to disagree, but poor rule for a
witness to disagree with himself, as was
the case in one instance.
| Counsel claimed that the court admitted
testimony which was practically hearsay
evidence, being a serious invasion and
jeopardy of the rights of the defendant.
"As to what was said to the preceding
jury relative to the acquittal of Albert
Prickitt, who was similarly charged by
the same prosecutrix and in which case
the same witnesses appeared, haven't a
doubt but that the remarks of the court
in summarily discharging that jury for its
verdict, had tendency to prejudice the
| jury which tried Abrams / am of the
opinion that the action OF the court In that
matter was of such nature that possible
harm might come from it. The only thing
different in the two cases was the fact that
there were different defendants. / can't
see how the jury could do otherwise than to
have felt impelled to bring verdict of
guilty after what the court had said. |
can produce an affidavit to show that this
action was discussed in the jury room and
that actual harm was DONE"
| AFTER the caution which delivered In
my charge, if that jury did what you
alleged, they should be treated as the first
was, should they not 2" asked Judge Horn.
er. and counsel simlingly acquiesced In the
suggestion Of the court.
''In justice to your heart" continued
counsel, 81 feel that the court should
grant new trial in order that the testi-
mony could be given to jury that had
not sat in court and heard these things.
1t is question In fairness to the court It
self as to whether or not the defendant
should have new trial. Nobodys rights
can suffer. 1t will only give Abrams an
opportunity to show that he is not guilty.
l fear that the jury was misled by the
remarks of the court. In upholding the
honor and prestige of this court for fair
ness, think your honor will grant new
trial"
Prosecutor Atkinson argued briefly in
reply. He said it was q question of fact
and matter in which witnesses should
be believed. He insisted that there was
an abundance of confederation of the
complaining witness. and that the case
was one that should have gone to the
Jury. He opposed favorable action ON the
part of the court In granting new trial
and attached little Importance to the re-
marks OF the court to the jury. Mr.. At
| kins0n said iurors had heen rehuked ir