The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1910-05-24
Court.

Argument was made In court on Thurs
day, by V. Claude Palmer, on his applica
tion for permission to file a special plea
so that his client, Walter G.. Penhollow,
could be retired on a charge of indecent
assault on the person of Hattie Aaronson,
aged 16 years, who was a pupil at the
Bordentown High School at time when
the defendant was supervising principal
at that institution.
During the December term of court
Penhollow was tried and convicted of
indecent assault on an indictment in which
there were three more serious counts. Mr.
Palmer commended that this verdict modi-
fed the other portion of the Indictment.
A second trial of the defendant results
from the fact that the verdict in the first
trial was set aside by reason of the jury
being tempered with.
Prosecutor Atkinson contended that the
matter now stood just where 1t did at the
beginning. and presented the following
points:
First-Because there is no verdict of
record in the county of Burlington upon
the said indictment, nor any judgment
thereon, nor records of any acquittal upon
any of the counts of the said indictment
Second. = Setting aside of a verdict
RENTS the parties to the same position
that they were at the first trial.
Third.-The application to set aside the
first trial was made by the defendant,
whereby he waived all rights and is not
entitled to the plea that he has filed.
Fourth.-The offence charged against
the defendant was for assault, and the
four counts only charge this offence in
four different ways, so that under all the
decisions the plea of the defendant cannot
obtain.
Mr.. Palmer commended also that in order
to find his client guilty on the fourth
count, the jury necessarily found him
not guilty on the more serious three
counts. In this declaration, counsel said,
he was sustained by similar decisions In
most of the states of this country.
Decision in the matter was reserved.
The license held by Edward A. Akin
son, who recently disposed of his hotel
property at Columbus, was transferred to
Andrew ]. Kelley, the new proprietor.
In regard to this matter Judge Horner
called attention to an irregularity which
lawyers had fallen into by presenting
applications for such transfers at any ses-
sion Of court. Hereafter licenses will
only be transferred on the first Thursday
In each month. Clerk Knight was re-
quested to notify parties when such ap-
plications were otherwise received, that
In the future there must be an adherence
to rule already in force governing the
issue.
Joseph Bressert, of Roebling, aged 10
years, was before the court for steal
Ing gold watch. chain and other articles,
which is the third or fourth time he has
been arrested. The lad pleaded guilty.
In order to give him one more trial the
boy was placed on probation. The lads
environments were not of the best He
said he was ill-treated by his step father.
1t was shown that the latter had been ar
rested for larceny and for keeping a speak
easy.
John Miller, of Riverton, who pleaded
guilty to charge of assaulting Polish
boy, told hard-luck story of how he
had been injured, evidence of which was
visible on his forehead. The court thought
If the defendants story was true the boy
should be punished, and Detective Parker
was ordered to proceed at once to Riverton
and bring him to court After the facts
had been made known by James Williams,
on whose farm the fight occurred, Miller
was given six months in the county jail.