Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-03-31
PUT ON PROBATION
FOR AUTO FRAUD
Man Who Sought Damages
After Fake Accident Sen
fenced by Court.

David w. Davis, who pleaded guilty
and turned States evidence against
John, Henry and William Lennon
and Clinton Todd, indicted for al
legged conspiracy to defraud the Pub
lie Service Railway Company by
means of a fake automobile accident
in Nutley, in August, 1911, yesterday
was placed on probation for a three
year term during which time he must
make payments of so cents weekly.
The sentence was imposed by Judge
William p. Martin.
Davis and Alfred Sutcliffe were in
dicted jointly with the three Lemons
and Todd for the alleged conspiracy.
Davis was forced into making a con-
fession by Investigators of the Pub
lie Service Railway Company shortly
after the accident in Nutley, and ap-
peared before the grand jury in the
spring of 1912 and gave testimony
on which the indictment was based.
When the case was called for trial
before Judge Martin a month ago,
Davis and sutciffe, believing a con-
viction was sure to result, pleaded
non-vult and turned States evidence.
Despite this fact, the jury after sew
eral hours elaboration, found the
l1fCt l9tIlIlOnS anu nOl guilty.
Last week former Assistant Prose-
cttor~3g, frederick r. Lehlbach, who
represented Sutcliffe at the trial, APP
<,,eared before Judge Martin and
asked leave to withdraw the plea of
non-vult, entered by Sutcliffe, and
enter one Of not guilty, basing his
request on the ground that at the
time he advised the plea just before
tRe trial of the men he had been
In Tormed that the prosecution had
DO, Ntive evidence connecting SUIT
elf, ( with the alleged conspiracy.
Hel stated that in the trial of the
case Nothing was brought out to con-
meet Sutcliffe with the case and he
felt til Nt he was therefore entitled
TO witt sdraw his plea of non-vult
and sta I'd trial for the alleged of
fense the same as the men who did
stand trii VI and had been acquitted.
This move was opposed by Assistant
Prosecutor Wilbur a. Mott, who
pointed out that as Sutcliffe had al
ready admitted his guilt 1t was not
necessary for the State to adduce
evidence against him at the trial of
the other men.
Before pronouncing sentence on
Davis yesterday Judge Martin an
nounced that he had concluded to
deny the motion of Mr.. Lehlbach and
asked If Sutcliffe was in court for
sentence. He was not and the pro-
nouncing of sentence in. his case was
postponed until later date. In pro-
nouncing sentence ON Davis Judge
Martin said ne felt that he was en-
titled to leniency, as he had helped
the State by his admission of guilt
and the giving of testimony against
the others alleged to have been in
yo1ved
In addition to Davis, Judge Mar
tin imposed sentences yesterday on
n. long list of Offenders. Thomas e.
Summers, South Orange Township
saloonkeeper, who pleaded non-Vult
10 selling liquor without a license.
was fined $500 and cost. The fine
was paid.
Peter Oertel. guilty on two charges
of larceny, was given eighteen
months in the county penitentiary,
the same sentence being imposed on
Leslie Bowles, alias Leslie Walker,
guilty on three charges of burglary.
Six months in the penitentiary were
given to Joseph Patrico, guilty OF n
statutory offense: Edward Reed, alias
Joseph Turner, assault and battery,
and Frederick Decker. statutory Of
Tense.
Woo 10y. Chinaman, who had
nleaded non-vult to having opium
in his possession in his rooms on
Mulberry street, was fined 800 and
costs amounting to about s57. The
fine and costs were paid. The fol-
lowing were sent to the Railway Re-
formatory: Max Herbst, embezzle-
ment: Adam BakeVicz. breaking and
entering: Anton Galambos, breaking
and entering, and James S. Nevins
a negro, who committed perjury by
swearing to an AFFIDAVIT in an APP
piieation in the marriage license
bureau at the City Hall that he was
a single man when he had a wife
living.
Z The following were placed on pro-
baton: Charles Ka1lup, embezzle-
ment; Mary Duggan, statutory Of
Tense; Frances Rodl<iewicz, larceny;
Frank Uzzolino, larceny; Adam Self
ger. assault and battery: Joseph
Henry, assault and battery; John
Iipsli receiving stolen goods: Jo-
seph Betak, breaking and entering,
md JoseDh Steiner 1arceny