The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-12-28

from the real culprit by having anothe
young man, Arthur Phillips, arrested 70,
the crime. This was done on that dats
by the issuing of warrant at River
ton and the arrest of Phillips. At q
hearing before justice of the peace
there was no evidence whatever to con.
meet the young man with the crime. and
he was discharged
Counsel claimed that this was mali
cious prosecution and that Phillips was
entitled to damages for defamation of
his character and injury to his reputa-
ton.
The statements of ex-Judge Horner
were sustained by the evidence,
| To prove that both Tobin and NInr.
phys father were cognizant of the guilt
Of Edgar Murphy, the testimony of
Clifford r. Powell. stenographer at the
coroner's inquest, showed that il was
testified at the inquest that Edgar had
made confession of his having COM
mitted the murder.
Ex-Prosecutor Atkinson corroborated
Mr.. Powell's evidence, and stated. also
that Tobin had several conversations
with witness relative to Edgar's confess
sion. At the hearing OF Arthur Phillips
there was no evidence whatever to con-
meet that young man with the crime.
The stenographic report of the hear
ing showed that Tobin had prepared the
complaint against Phillips without con-
sulting the senior Murphy.
Arthur Phillips, the complainant said
he was arrested on November 18th, on
the charge of having murdered Herman
Fisher; was placed in a cell in the River
ton lookup for two or three hours; given
hearing and discharged. The only
witnesses who appeared against him
were Tobin and Murphy's father. Ever
since that arrest witness has often been
Inundated in public by being pointed
to and spoken of as the man who was
arrested for murder.
George z. Kumple, farmer near
Riverside, an uncle of Phillips, said the
latter worked on the farm for some time
prior to the false arrest. The young
man had always conducted himself in a
credltable manner and had never been
arrested for or mixed up in any crime.
After the hearing Phillips remained at
home every day and night for over two
weeks on account of being ashamed to
go out. He felt that he had been dis
graced and Inundated.
Samuel n. Borton, the justice of the
peace who issued the warrant for Phil
lips arrest, at the instigation of Tobin
and Charles F. Murphy, said the COM
plant was written by Tobin and sworn
10 by Murphy. Tobin requested witness |
to postpone the hearing until the Mon |
day after the Wednesday when the Ed
gar Murphy trial opened, which would |
have kept Phillips locked up for about
ten days. This was refused ana Z Phillips
was given hearing on November 7th,
The day he was arrested. Phillips was
ience against him.
Joseph c. Kingdom testified that he |
telephone message from Pobin
IN November 7th, stating that Tobin |
lad had Phillips arrested, and request
ng witness to ask newspaper correspond
,nts to have the story published in |
and other newspapers. Mr.. |
said he afterward saw an ac-
count of the arrest in a number of news
papers.
G. Frank Murphy, the only defendant
present at the trial yesterday, took the
tand and tried to justify his part in
Phillips arrest on the ground that
communication from a person in Ten
lessee stated that Phillips had been try
ng to borrow 10 gauge shot gun at
bout the time of Fishers murder. Wit
less admitted that although he knew
lis son had confessed to having shot
Fisher, he afterward signed the COM
'laint that caused Phillips arrest.
In his charge to the jury Judge Car
CIV stated that if the jury believed the
of the witnesses it was case
I malicious prosecution and dastardly ,
ct. A probable cause is necessary toll {
ave person arrested, which, if the witt
esses are to be believed, was lacking in i
his case. In such instances the plain i
if is entitled to compensatory damages
or being Inundated and exemplary /
amages as penalty and lesson to !
theirs not to commit such acts.
The jury rendered verdict of $1,000
amages against Tobin and Murphy.