The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1913-05-27
Changed Their Minds.

ly from bne county, anu VINO pleaQeQ not
guilty, went into court on Thursday and
pleaded non vult contendere. This was
not surprise to those who had assembled
to witness the court proceedings as it had
been currently reported that such action
was to follow. The only cause for sur
prise was that the Prosecutor of the Pleas
was willing to accept the plea in some of
the cases, especially in the three for which
he had applied for struck juries.
| When the court called Tor business for
mer Judge Gaskill arose and said he repre-
sented nine members of the Board of
Freeholders who had been indicted for
taking from the county money to which
they were not legally entitled The cir
cumstances of these cases and the peculiar
wording of the statute made this matter
one rather difficult to deal with, but after
carefully considering the subject he had
advised his clients to plead non vult con-
tendere and he was there to enter that
plea for them. Prosecutor Atkinson said
he would accept the plea.
| Judge Gaskill said he had had difficulty
to determine what course to pursue. The
statute provides that man charged with
crime like that before the court must per
form the act wilfully, corruptly, or with
criminal intent, and he had no doubt If
cases were decided against the men by
| jury. that a higher court would decide
those elements missing. The amounts in
volved were so small, however, and the
cost and trouble of going to trial and then
carrying appeals up were so great that it
was thought much better to enter the plea
already recorded and have the matter set
tied. That the taking of the money as
the indictment states was misdemeanor
could not be denied but the Judge In the
10 ,okg0
on the statute so far as criminal intent
was concerned.
Judge Gaskill thought the real situation
was one of clerical or mere arithmetical
mistake without any intent to defraud
or conceal anything that had been I'M
earthed. The men before the bar had
hitherto stood high, and their present con-
dition is not shattered. Further action
would be expensive to them. In the ludg-
ment of Judge Gaskill not one of the ac-
cused was guilty of criminal offence The
plea of non vult was not an admission of
guilt, on the contrary 1t was a plea of not
guilty, but 1t put it in the power of the
court TO punish. The plea OF non vult
meant protesting innocence, but unwilling
to contend" Great diversity of opin-
ion had prevailed In this county over the
subject of reducing the size of the Boards
of Freeholders, and this had created more
or less discussion, leading many to believe
that the members of the old Board hao
been guilty of all the crimes in the cate
CORY This had aroused much antagonism
and feeling that was prejudical to the
| accused. The mistakes, land they are
mistakes" said Judge Gaskill appeared
on the face of the bills which have been
criticised. The manner in which the cOun-
ty accounts have been kept has been cum
bersome, and the fact that there have
been separate systems for different de-
partments has led to duplicating charges
in some instances. The men indicted were
not skilled bookkeepers and accountants,
not educated, but men with very limited
knowledge OF financial affairs; honest In
their particular line of life, but possibly
careless In other ways. The greatest stress
was laid upon the fact that there was not
any attempt to conceal or cover up any of
the actions If such had been the idea the
chance to discover so readily what had
been shown would not have occurred.
In some cases there had been duplicat-
| ing of charges. In others Sundays had
been included In the item of daily work.
Judge Gaskill took up the different de-
PENDANTS separately. He spoke of Harry
E. Dubell as a man who had held different
public positions and had never been
charged with any wrongdoing. In the
turmoil which attended the sessions of the
Board men who had worked for Mr.. Du-
bell might haYe gone to him with their
bills and In the hurry he might have put
down the items without closely scanning
them. 1t would be hard to make any one
| believe that there had been an intentional
desire to do wrong. 1t would have been
much better and more charitable if some
one with the knowledge of what had hap
pened, had gone to Mr.. Dubell and ex-
planned the situation to him. That he
would have made restitution there could
not be any doubt.
Then Judge Gaskin went over every in
dividual case, reciting the amounts chsrg-
ell to have been taken, and showing in
nearly every instance that the books of the
defendants had been kept by some men,
| Der of the family. 1t would be hard to
make the public believe that such men as
Dubell, Turner Birkhead, William A. Will
kins and the others would charge for work
ing on Sunday as the indictments Indicate
In the case of Louis f. Lowden the Judge
said Mr.. Lowden at one time make a mis-
take of $197 so and on going home and
analyzing his account discovered the error
and at once returned the money.
The Judge again referred to the discus
slOQ WHICH udu dTlSeu over. Iu6
number of members of the Board of Free
holders. He believed In small boards and
had more than once criticised the old or
ganization. He recalled the fact that the
county budget several years ago was as
high as 100000 and is now down to
1910, 900. Judge Horner here interrupted
the speaker, and asked if the Hilary tax
act had not had something to do with this
situation and it was admitted that such
might be the case. Every man under in
dictment was ready to pay over what 1t
was charged he had taken, after it was
clearly shown that he was not entitled to
the money Not only would the sums
charged to have been received during the
past two years, the time limit for criminal
suits; but that which could be shown to
have been taken in the time allowed for
civil suits would be returned to the treas
ury. Then the Judge concluded his re
marks by paying his attention to the "wild
newspaper reporters" who cared more for
pay for space and for big headlines than
for the personal feelings of those attacked.
He hoped that "having got their scalps''
: they were now satisfied.
Ernest Watts spoke for Edward s. Phil
lips, of Burlington, and said his books
, were kept by young man who had thor
oughly analysed the accounts, and 1t was
admitted that the charge in the Indictment
was correct with the exception of about
81. Mr.. Phillips was ready to restore the
money.
Judge Horner said he had no iusisdic.
tion over any occurrence beyond the past
two years. He wanted to know something
about prior years. Even under the statute
referred to by counsel the court could take
e the intent into consideration. He asked
Prosecutor Atkinson If he had any know
: ledge of money alleged to have beer
taken which might be recovered In eivi
suit. Mr. Atkinson said he had been tolC
there were such cases. Judge Hornel
then continued that he would like to lool
into the matter more thoroughly If therI
could be shown that there had beer
: amounts taken in the time prior to thu
criminal limit, there would be grounds TO
= considering whether the acts of the pas
q two years had been mere accident. H
had DO power to order the restitution o
the money. That should follow, not be
e cause it would save the accused but be
> cause 1t was right to restore It, He woult
y not dispose of these cases finally unit
e there had been thorough examination 0
l. the accounts for the past six years and b
proposed to take hand In that investigs
1T ton. The accusations which have bee
is brought might have been mistakes, Q
" they might have been petty peculatior
IT He would lay this matter over until tn
!. fifth day of June.