The Mount Holly news., 1914-12-22
Counsel Apprehended

! Counsel Apprehended.
One of the sequels of the murder tria
: which closed Friday evening, was tn
arrest, on capias, of Francis Tracy To
bin, of counsel for Edgar Murphy I
will be recalled that, short time ago
Arthur Phillips was arrested and taker
before a magistrate 10 Riverton, charged
with the murder for which Edgar Muir.
ply was convicted. After hearing the
evidence presented the magistrate dis.
charged Phillips. 1t was then reported
that Mr.. Tobin was to be made defend
ant in suit for damages for false arrest
of Phillips. In order that the move
might not be construed to be making
capital against Murphy and that the
case might not be in any way prejudiced
the proceedings in the suit mentioned
were not pushed.
On Friday evening, however, after the
Jury had rendered its verdict, Mr.. Tobin,
while on Garden street, was approached
by Deputy Sheriff Fleetwood, who said
he had an unpleasant duty to perform.
"What is it?" said Mr.. Tobin, 'sHave
you warrant for me for taking the
gun" This was with reference to gun
that Mr.. Tobin had procured from the
home of the Wilhelms. II have capais
for your arrest" said Fleetwood, and
Mr.. Tobin at once surrendered and, with
Fleetwood went to the residence of
James Mercer Davis, where Justice Ka-
lisch was. On telling him the circum-
stance, the Judge said he had no juris-
diction, and advised Mr.. Tobin to give
bail, at the same time telling the deputy
sheriff not to be harsh with his charge.
DIR. John j. Flynn became surety for
Mr.. Tobin in the sum of $1,000. The
bail bond in this case is somewhat diff
erent from the usual bail pieces. 1t is
made to read to Arthur Phillips and pro-
vides that if the accused is condemned
In this action at the suit of Arthur Phil
lips, he shall pay the costs and condem-
nation or render himself into custody.
1.-The fail to do either of these then DIR.
Flynn must pay the costs and condem-
nation or surrender the defendant.
The suit is brought by Arthur Phillips,
by his next friend, George p. Kumpei
(Phillips not being 81 years of age)
against G. Frank Murphy and Francis
Tracy Tobin, in two counts, the sum OF
$4,000 damages being claimed on each
count. The order for arrest was issued
by Daniel V. Summerill, Jr., on the ap-
nj -ff
for Phillips.
The petition sets forth that, on the 7th
day OF November, Mr.. Tobin made com |
plant, under oath before Samuel l.. Bor- |
ton, q magistrate, charging that Arthur |
Phillips did. wilfully and with malice |
aforethought, murder Herman Fisher by |
feloniously shooting him. And upon said |
complaint Phillips was arrested and TAX
en- to the lookup in Riverton. C, Frank |
Murphy. father of Edgar Murphy, and |
Mr.. Tobin, testified before the magis-
trate, but the defendant was discharged |
with the approval of the Prosecutor of |
the Pleas, the testimony not connecting
Phlllips with the crime in any manner.
The petition further sets forth that Mr..
Iobin, without consulting or obtaining
the consent of the father of Edgar Muir
ply, prepared the latter's complaint.
The father was at the inquest where tes-
tlmony was presented showing that Ed
gar Murphy had admitted the shooting,
and the father and Tobin both knew of |
this testimony. Phillips AYERS that he
believes both men named had full know
ledge of his innocence, and that the
charge against him was malicious, false
and without reasonable OF probable
cause, and was made, as deponent be-
lieves, and hopes to prove, as result OF
conspiracy, union, confed-
Grafton and agreement between Murphy
and Tobin to maliciously prosecute de-
ponent to create doubt relative to the
guilt OF Edgar Murphy or to secure
of the trial
Mr.. Iobin has twenty days in which
to tile an answer to the above charges,
and failing to do so in that time such
Judgment will be rendered against him
as the court may deem wise to inflict.
The lawyer is not much worried over the
turn things have taken. He does not
believe the matter will even reach that
stage where answer will be necessary.
He VAS not in the custody of the sheriff
very long but as soon as the bail could
be arranged he went to his hotel. On
Saturday he was up bright and early and
several matters in connection
with the motion for new trial and
went to his home in Philadelphia at
noon. He says he is ready to defend the
charges made by Phillips and has no
fear as to the outcome.
Frank Murphy, being in attendance at
court, hcould not be taken into custody
until after he had been at his home or
away from the jurisdiction of the court
for time specified by the law
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