The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-03-09

iallowed to go under suspension of sen
tence. From all that has been learned
of this case the house occupied by the
woman and her husband has been a
scene of reveIry quite frequently. The
husband has been under the care of the
probation officer and it is said he aids
in getting people to frequent the house
and drink liquor. Under the circum-
stances Judge Lippincott placed Sweeney
under the care of the probation officer
for three years, to pay the costs within
six months and to refrain from drinking
Intoxicating liquor for one year.
The license of Benjamin G. Doyle to
sell liquor by wholesale at Riverside was
transferred to Eugene G. Heckel. The
new licensee is a young man and the
Icourt advised him to read the liquor
laws thoroughly and acquaint himself
with their provisions. Judge Lippincott
pointed out several things that should
be particularly guarded against and said
if the new man was brought before the
court for violation of the law he would
have himself to blame
TRIAL OF DAVID WARREN
On Thursday David f. Warren was
placed on trial to answer an indictment
charging him with embezzlement and
converting to his own use money COL
lected as agent for the Philadelphia Life
Insurance Company. Warren was an
agent for the company and did consider
able business for the concern. 1t was
claimed that he had collected sums
amounting to over $500 and instead of
turning the cash in had put it into his
own pocket.
| William H. Rogers, of Columbus,
testified that he had given Warren a
note for S173 and had received policy
of insurance which he had understood
could be handed back to the agent at
any time and the note would be sur
rendered. The policy was given up but
the note had not yet been returned,
being in Bordentown bank. Warren
had told Rogers the note had been de-
stroyed.
Wilbur ]. Dixon, living near Red
Lion, had also taken out policy He
paid for it by the cancellation of an
other policy and $5O.29 in cash. He was
under the impression that Warren got
this money.
Edward T. Royce was another man
who had taken out policy, but he
seemed to have paid another agent or
Fsub-agent, and he could not say that
Warren got any of the cash. Most of
the transaction was done through an
other man.
Burton Rudderow got a policy in the
Philadelphia Life Insurance Company
but never paid Warren or had any deal
ings with him. The transactions were
always with man named Chamberlain.
Mr. Chamberlain said he was an as
sistant of Mr.. Warren. He had the note
given by Rogers, which he endorsed and
turned over to the First National Bank
of Bordentown. He gave Warren a
check for the proceeds of the note.
Chamberlain said that Rudderow's testi-
mony was not correct as all the trans
actions were not carried on with wit
ness. He said he got several several notes
from Warren and paid him cash for
them.
Two employees of the Life Insurance
Company told of a meeting in Phila-
delphia at which Warren and two of his
counsel were present. The transactions
in dispute were gone over and the COM
pany claimed that Warren was greatly
indebted to it, The contract under which
the agent acted was read and it was
claimed by the defence that Warren was
entitled to money for policies he had
turned in and which had been approved
by the company. The agents who had
been investigating the affair and who
brought the charges against Warren adj
mitted that clerical errors had been
| discovered in Warrens favor. The
memory of both of these witnesses was
remarkably good on behalf Of the state,
but proved defective when the cross ex-
animation took place.
The case occupied all Of Thursday,
and at the close of the afternoon session
counsel had private hearing before
Judge Lippincott in which motion was
made to have the jury instructed tore
turn verdict Of not guilty. This was
refused, but it was decided that the
counts in the indictment should be de-
creased. There were, in the first place,
25 counts, but when the case was re-
sumed Friday morning the court an
nounced that 20 of the counts had been
abandoned.
The defence was represented by AS
semblyman Peacock, V. Claude Palmer.
and William G. Maine, of Philadelphia.
The states counsel were Prosecutor At
lxinson and John d. McMullen, of
AIoorestown.
On Friday morning the defence said
they would not offer any evidence, but
would argue on that presented by the
state. While Mr.. Atkinson, as prosecu-
tor, was compelled to be on hand, the
Estates case was conducted entirely by
MeMullen, evidently in the employ of
the insurance company. He examined
Iall the witnesses and did all the argu-
ing. The defence took the ground that
the state had not shown beyond reason
able doubt that Warren had converted
the money to his own use. 1t was also
contended that the Withdrawing of 20 of
the 25 counts in the indictment showed
that the case was extremely weak.
When Judge Lippincott began to
charge the jury he discovered discrep-
ancy in another count Of the indictment
and he direcled the jury that in that
instance verdict of not guilty must be
returned. This reduced the number of
counts to four, and it was on these the
charge was delivered and the jury de-
: liberated.
The jury remained out from Friday
noon until Saturday morning when il
came in and reported inability to agree
: and was discharged. 1t stood eight fol
conviction and four for acquitaI.
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