The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1912-06-25
C0uft.

Tor sentence on David MarJln hOQesKY
of Burlington, convicted on the minol
count of an indictment containing foul
charges Of misconduct with girls of tender
years. Robert Peacock, counsel for the
prisoner, who had the first and most I'm
portant count quashed, made reference tC
the fact that his client had only been con.
victed for open lewdness. He thought
the ends of justice would be met by i'm
posing a small fine. Considering all the
facts In the case, counsel did not think
the defendant should be imprisoned. He
wants to lead a new life and get away
from the scenes Of his temptation.
Prosecutor Atkinson said the case was
one which almost showed care and pre-
paration for the commission of this crime.
He could see nothing that would warrant
leniency
Judge Horner said the case was too dis
gushing and debasing to be recalled. 1t
was most serious offense, but under the
law was only classed as a misdemesnor.
The court imposed sentence of from one
to three years in state prison, which is the
limit
Counsel gave notice that he would carry
the case to the Supreme Court. Bail was
fixed in the sum of $4,000, which was
later reduced to $4,000.
The next case was the conviction of
Charles FL. Riker and son William, of
Burlington, for obtaining about 81, 200
worth of horses from A. K. Dubell, of
Columbus, under false pretences When
sentence was moved there was a confer
ence of lawyers, and the case was laid
oyer until Wednesday, July 8. This post
ponement was at the request of counsel,
Messrs. Davis and Peacock, who have
some new evidence.
The next case involved the theft Of a
bushel and a half of corn which was
taken from a wagon under a shed at
Riverside by Patrick Marlin and Louis
Schwartz. of Philadelphia, who were In
toxicated when the crime was committed.
The defendants were given sixty days in
jail where the court said there was nice
hostler who don't get drunk.
James s. Stone, of Medford, charged
with assault and intent to kill William
Watson, employed at the Star Glass works,
entered plea of guilty.
Stone first threw a bottle at Watson and
chased the latter home. On reaching there
Stone peeped into window, and when
he saw gun pointing at him, ran to his
own home and secured a butcher knife.
He went to the glass factory with this
weapon In search of Watson, cutting him.
self and one or two others before being
disarmed. He said these men, who were
'smarties," butted In and they got it.
Stone said he had been arrested once In
Camden for running away from home.
Judge Horner committed him to the re-
Howard Braddock, living on the Salem
road in Burlington township, pleaded
guilty to a serious crime committed on
Agnes Halaski, aged II years. Braddock
was living with his sister, who was Civ
ing the child music lessons, One day he
enticed her into woods. He said he was
In his 10th year. His father was present
with the family birth record, and when
this was presented 1t was found the de.
PENDANT would be sixteen years old In a
few days, Because of this fact, which
has bearing on the-case, the matter was
laid over until July 3.
The next was barroom case, involving
the breaking Of an expensive mirror In an
attempt to hit man with glass. The
defendant, John Sullivan, said he resided
at Newark. He was going to Riverside
to accept job, but stopped off at Bur-
lington. While in the latter city he en-
tered the Washington House and asked
for glass Of beer, laying down dime
When he asked for his. change the bar
tender Is alleged to have said: Forget It,
another man is drinking at your expense"
This angered Sullivan, who was partly
and he threw the beer glass
William Gilbert, the mixer of drinks at
the hotel was called to the stand. After
hearing his version of the matter, the court
remarked: Il am satisfied from the story
given by Gilbert that he tried to rob sulli.
van of his money.
"How have you felt since stopping with
Sheriff Jordan ?" the court asked
''Oh, pretty good" replied Sullivan,
who was given ten days in jail, to date
from the time Of his commitment.
Benjamin Fenton, of Mount Holly, ar
rested and held for court by Justice He'll
bron on serious charge, said he had
lawyer who was not in court, and George
M. Hillman was assigned as supplemental
counsel. The complainants were Harry
Shinn, Martin Pspaport and Samuel Love-
land, boys of tender years, who told the
court conflicting stories.
Fenton was then called to the stand and
denied all the boys had said, except as to
taking his money while he lay drunk In
the shanty which he calls home. Ben ad-
mitted he had often been In jail, but said
there were times when some one else
ought to have been in his place.
Oscar Haines and James Lynch also
testified for Fenton.
In summing up the case lawyer Hillman
said Fenton was up on a most serious
charge, and the testimony on both sides
was not Of much value. The defendants
former convictions were for minor offenses
and this statement met the approval of
the prosecutor. The testimony of the
boys was very conflicting. and not the
kind on which conviction should follow
for such crime.
Prosecutor Atkinson said he had pre-
sented all the evidence which had been
given to him, and as this was quite
divergent, owing, perhaps, to the reluct-
ance of the boys to tell all they knew, he
did not know that he wanted to say any
thing.
AS all possible enlightenment was de-
sired, the court asked the prosecutor to
express his ideas of the matter Mr.. At
kinson said he was surprised that such a
charge should be made against Fenton,
whom he had known for many years.
The court referred TO the seriousness of
the charge, stating there was considerable
conflict In the testimony of the states
witnesses The testimony of Martin Papa
port warranted the justice in holding
Fenton, and on the evidence of this little
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