The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-05-06

lington on April 5th. They changed their
J former plea of not guilty to one of guilty,
with the exception of Clarence Carmelia
1t was found that he was not connected
with the crime or the assault upon the
motorman or conductor and the court dis
charged him. In disposing of the case
Judge Horner fined the defendants $50
each. They are Richard Carpenter,
Charles Oliver, Charles Tucker, Daniel
Shinn and John Fl. johnson. In addition
to this the court sentenced each one to six
months in the county jail, with the under
standing that the punishment was to be-
gin when either Of them are arrested again.
The next case was the indictment found
against Joseph Rogers, who was charged
with attempting to burn the hotel of
William H. Jennings, of Lumberton.
The defendant was represented by Sena-
tor John Warren Davis and Assemblyman
Robert Peacock.
Mrs. Jennings was the first witness.
She was awakened about midnight by a
flash of flame which appeared at her bed
room window. Calling her husband the
latter rushed downstairs, notified the
hostler and one or two other persons and
aided them in extinguishing the fire. After
this had been accomplished, Jennings dis
covered that the incendiary had used hay
and gasoline to accomplish his purpose,
| Two photographs showed where the fire
had been started and the damage done to
the building. Mr.. Jennings said that he
had to put Rogers out of the hotel for
misconduct. He had been tagged" on
not lived, four months previous to the fire.
The defendant never made any important
threats toward Jennings. The latter
saw some tracks made by shoes. They
contained Identification marks from hole
In the sole and nails that protruded from
the heel. This was the left shoe. The
complainant saw tear in one of the knees
of Rogers trousers. The latter and the
shoes were retained by the authorities
after the suspect had been arrested and
landed In Jail.
N. Eckard Austin. farmer, was In
Lumberton that night. He was opposite
the hotel when he saw the blaze, also
man whom he could not identify, running
from the yard. Mr. Austin ran to the fire
house where he sounded an alarm, and
| then rendered his assistance in extinguish-
ing the blaze.
Mrs. Anna Bakely was aroused by the
alarm. She raised window, and saw a
man she thought had stumbled, asked
him where the fire was but received no
answer. There is barn In the rear of the
alley which is used by the Rogers family.
Jacob Greenwald, constable, told of
arresting Rogers. who was later placed In
the automobile of William A. Jones and
brought to Mount Holly. When the off,
GERS notified Rogers that he was under
arrest as being the person who started the
fire, the defendant said:
'Did anybody see me do it2 If they did
how can they prove it, Let me go into
the hotel again, for l want to be with the
boys as long as can, as 1t will be long
time before will be around here again.
The tracks were examined and they
corresponded exactly with the shoes.
Ralph Stermer was In the hose house on
the night of the fire. Rogers trousers
were not torn then. We all went to the
fire and aften 1t was over returned to the
house. Rogers also came back when it
was noticed that his trousers were torn.
He said he had fallen on the steps to the
hose house.
Several persons were called and gave
testimony to corroborate Stermer.
William A. Jones took a search light off
his car and assisted several persons in ex-
amining the tracks that were found, which
corresponded with the shoes worn by
Rogers.
er on April 10th, and which was read by
the Prosecutor, Rogers said he was drunk
that night and fell In front of the fire
house.
The state then rested
In opening the defence Rogers was the
first witness, and he tried to prove an
alibi, but he had no witnesses to substan-
titate this contention.
The defendant said he lett the fire house
shortly after II o'clock that night and
went direct to his home. Arriving there
he sat on the porch smoking cigarettes for
about twenty minutes. Hearing the fire
alarm he ran downtown and went to the
hotel. He denied all knowledge of the
crime.
His mother said 1t was nearly midnight
when she heard the dog bark. She also
heard man run off the porch and sup
posed it was her son, who was given a
good character by Philip Ried, William
Bartlett, Morris W. Haines and Frank
Cotton.
The jury which had been out all night
could not reach verdict and were dis
charged.
At Wednesdays session, Alfred Kish-
pauch, of Southampton township, charged
with indecent assault upon Reba Ryan,
changed his former plea of not guilty to
one of non vult contendere. The defend
ant was represented by " Claude Palmer.
In giving recital of the case to the
court, Prosecutor Atkinson said there
were three offences. The girl had been
very familiar with the defendant, and
Kishpauch had admitted his guilt to more
than one person.
Mr.. Palmer spoke for his client. From
what he had been told he could not believe
that there had been any intention on the
part of his client to wrong the complain
ant. Counsel handed to the court certi-
| ficate of good character, which was signed
| by most of the best citizens of Vincen-
town, and even by the girls parents The
defendant was shown to be man of good
character in the community and this fact
the court said was in his favor. The
defendant is single man and the sole
support Of an invalid mother The girl
was afraid to tell her parents OF the
assaults, but when they did find it out,
the father thrashed the defendant.
From what counsel saIu II convinced
the court that the defendant should have
pleaded not guilty. as the court could not
see where jury could convict him, and
the Judge would be tempted to set aside
| x,ordgot of r,{lfu Inf Mr. Po1n, or