The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1911-03-28

day and Thursday were occupied in the
trial of Fem & Gilpin, who conducted
livery stable at Burlington. They con
tinued In business until the firm was forced
into bankruptcy by creditors.
Prosecutor Atkinson, who conducted
the case for the state, was assisted by
Eckard P. Budd, who appeared for the
Union National Bank, of Mount Holly,
the complainant. Joseph r. Fem was
represented by James N. Davis, and v.
Claude Palmer appeared for William r.
Gilpin.
| On representations made by them, the
bank loaned the firm $500. Fem 6 Gilpin
were questioned as to their financial stand
ing at the time the money was obtained.
The statements then made to cashier Sam
uel l.. Tomlinson were reduced to writing
but exception was made to the contents of
this paper by Developments which oc-
CURED later on.
Previous to embarking in the livery
business Gilpin conducted a milk route
for forty-four years. He always liked to
be around horses and thought he would
engage in the livery business on small
scale for himself
While sitting on the porch of his cottage
at Atlantic City one day, he happened to
see Fem pass that way. The men shook
hands and engaged in conversation, during
which Fem suggested that his friend pur-
chase half interest in the business, which
would cost GiIpin $1,000 Il am making
barrels of money, said Fem, land l
can't find time to spend it ALL" With
this encouraging state of affairs, Gilpin
returned to Burlington. An inventory
taken by Fem showed the stock, etc, to
be worth about $4,000. Gilpin had his
notes discounted for two payments, 5000
and $500, the proceeds of which he gave
to Fem, who at that time was also a
partner with Samuel G. Stafford In the
manufacture of shoes. 1t was the latter's
half interest in the stable business which
Gilpin purchased, but he was not aware
of that fact when he was solicited to buy.
On taking look at the horses, wagons,
and other equipment of the stable, Gilpin
became convinced that the property had
been appraised at too high figure. He
also looked around but could find no
barrels of money, but found frequent me-
cessity for more money to meet obliga-
TONS At least this was the representa-
ton made by Fem, who had sole charge
OF the business under the regime of both
firms, Gilpin entrusting the management
solely to his partner.
On taking the stand Gilpin said he in
vested his money In May, 1909. The re-
ceipts which he got for his money were
handed him by Fem and they were signed
by Stafford. All the money taken in by
Gilpin was turned over to Fem after it
had been entered In the day book. Gilpin
got but little in dribs, and the total
money he received from the business
amounted to only $7474
Mr.. Gilpin had no knowledge of the ex-
tent of the business done by the firm at
the time the loan was secured from the
bank. In signing the statement as pre-
sented to the bank, Gilpin depended en-
tirely upon the knowledge as given by
Fem. Gilpin quit in February of last
year, at which time levy had been made
by the trustee in bankruptcy. Witness
was not able to say whether or not the
firm was in financial trouble at the time
the statement was signed in the bank, but
soon after that stock to the amount of
over 81, 900 was taken away. Gilpin was
not informed of the visit of Albert Lam
caster. a Philadelphia real estate agent,
who said he had customer for the bust
ness, but he could not raise the money as
the price was too high. The firm went
into bankruptcy in January, 1910 Wit
ness remembered Lancaster looking the
business over and heard that he was to
see 1t.
On cross-examination Gilpin said he
was led to believe that Fem owned the
whole business. Following the inven-
tory. said Gilpin, Il looked the stock
over and found that Fem had deceived
me by dishonest statement as to the
value of the property"
From the time the United States au-
thorities took possession of the place, and
Sheriff Worrell placed Gilpin in charge,
it took all the money that came in to pay
the running expenses Gilpin gave Stafford
no security, but was to pay him the bal
ance of his share from the proceeds of the
business For his personal use Gilpin
received $125 from the money obtained
at the bank. Fem took the balance,
which did not go into their business.
Senator Griffith W. Lewis and number
of other persons, who had known the
defendants for many years, gave both OF
them an excellent character for honesty,
fair dealing, truth and veracity.
Joseph P. Fem took the stand and said
he negotiated the sale of Stafford g interest
to Gilpin. Less the discount and $125
given to Gilpin, Fem paid the balance of
the 800 to the Mechanics National Bank,
of Burlington, to apply on the indebtness
o. Stafford & Fem. Being a little sore
about the news going about" said Fem,
1--WE thought we would do business with
another bank. Gilpin said he had friend
in the Union National Bank and we went
to Mount Holly. | made an honest state
ment and did not intend to defraud the
bank"
On cross-examinstion Mr.. Fem told of
meeting Gilpin In Atlantic City. During
their conversation Gilpin remarked: 81
hear you are making barrels of money"
That depends on the size of the barrels, ,"
retorted Fem. Don't you want me to
enter the business2" Gilpin asked 81
told him to come up to Burlington, said
Fem. ''look the place over and / would
give him two weeks to consider the matter.
l did not tell him that l was making bar
rels of money and had no time to spend
it. 1t was Gilpin who made that state
ment." Witness admitted that he Dor
rowed meney on the business conducted
by Fem & Gilpin to pay on an obligation
for which Stafford & Fem were respon-
sible.
In that portion of the statement given
to the bank as applying to personal liabil-
tiles OF The men, there appeared the word
met" after the $4,000 which represented
the value of Fenn's real estate The latter
statement when he read it or when he
signed it. When pressed on this point by
Mr.. Budd, Fem said he did not want to
make any one out liar or forger.
The next witness was Cashier Samuel
L. Tomlinson who swore that the word
met" was placed there by him when he
hlled In the statement in the presence of
Fem himself.
In giving the case to the jury Judge
Horner said If they found a verdict of
guilty against Gilpin he would suspend
sentence on him.
The jury rendered a verdict of guilty
with recommendation to mercy in the
case of Fem, and not guilty as to Gilpin.
There is still another indictment against
Fem charging him with forgery in con-
nection with a business transaction at
Jacksonville.
Judge Horner held court this morning.
The first business was to sentence
prisoners, as follows:
Thomas Gordon pleaded guilty of steal
ing saws valued at S., the property of DR..
Shepard, of Florence. Sent to the county
jail for so days.
Henry Williams was charged with get
ting 800 under false pretences from John
J. Armstrong, Burlington. Sent to county
jail for 80 days.
James Smith pleaded guilty to breaking
and entering residence of Augusta Wig
gins. In Burlington. Smith claimed he
could not get into his boarding house, and
merely broke window He lived in the
house nearly two months after the offence
was committed and the Judge thought the
case needed looking into, so he postponed
it until later day
James M. Davis moved for a new trial
for Joseph P. Fem. convicted of getting