The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-06-08
Another Chapter in the Tobin
Case.

Ease.
With the purpose of bringing Franco
Tracy Tobin to New Jersey in order tina
he might be surrendered by his bonds
man, DIR. John j. Flynn, party o
three went to Philadelphia yesterda,
and attempted to carry out their ideas
In the automobile was Charles G. Jones
a Burns detective, Clifford r. Powell
an attorney at law, and John b. Dolan
who drove the car.
Tobin left his home TO go to his offices
about IL o'clock in the morning. He
had not gone very far when an automo
bile drew up alongside the curb and, &C
cording to Tobin's story, detective Jones
jumped out and placing pair of hand
cuffs on Tobin's wrists said he was want.
ed at Trenton. Tobin, of course, object.
ed to any such treatment and tried tc
back away. Then, he testified, the
three men jumped at him and threw a
blanket over his head. They lifted him
into the car and started off.
After they had gone some distance
Tobin managed to get out of the blanket
and his cries attracted the attention of a
policeman, who galloped after the car
and overhauled it. He was told the
man was insane and was being taken to
an asylum but Tobin SO vehemently de-
MED this accusation that the officer con-
cluded to take the entire party to the
city hall.
Mr.. Powell stated the case and said he
had been advised by Philadelphia
lawyer that he was acting within the
law in his attempts to remove Tobin to
this state. He said he had first shown
Tobin a certified copy of bailpiece and
had tried to get him to go quietly to
Mount Holly but on resistance being
shown the stern measures were resorted
to.
Several attempts have been made to
get Tobin to this state that he might be
delivered by his bailor, but he has re-
peatedly expressed his determination to
keep out of New Jersey. Francis ].
Smith, who aided in the defence of
Edgar Murphy, was allowed $3.50 for his
services. A few days ago Tobin wrote
to Smith and asked for his share of the
lee. Tobin got over $1,000 from the
family. Smith wrote the
Philadelphia lawyer that if the latter
wanted any of the money he must come
TO this state to get it. This Tobin de-
,lined and he also refused to meet Smith
1t any place in Philadelphia, but want
I'd the check mailed him. tisapparent
hat Tobin does not intend to come to
New Jersey if he can avoid it and he ap-
has no conjunction in allow
ng DIR. Flynn to lose the money he put
Up to save Tobin from going to Jail. That
ne will not be successful in this is the
general belief in legal circles as there are
,ther ways in which he can be secured
Ind DR.. Flynn does not intend to give
Up easily.
In the afternoon the three men were
given hearing and James Mercer Davis
represented them. While Tobin was
elling his story DAVIS happened to
augh. That irritated Tobin who re-
"You may laugh, Mr.. Davis,
out kidnapping is a serious offence He
hen went on and told his story and
when he reached the point where his
.aptors had said they were taking a
,razy man to the asylum, Davis put in
he remark: "You were right, officer,
hey were taking crazy man to some
Institution" This aroused Tobin's ire
md it was with difficulty that his
counsel quieted him.
Assistant District Attorney Taulane
old Magistrate Beaton he believed the
[erseymen were acting within their legal
lights in taking Tobin to Mount Holly,
out said the question had never been de-
,ided in the local courts.
''The question is, he said, "can bail
piece from New Jersey be executed in
this State? The district attorneys office
believes it can. We now think it proper
LOl 4his 1OOAl1 W AaNC lccQCQ u WIFI vi
habeas corpus and it can be determined
il the defendants had the right to carry
Mr.. Tobin off in the way they did.
"If the Courts should decide against
the three men, then the question comes
up, was too much force used to take Mr..
Tobin to New Jersey. This can be
settled later"
Magistrate Beaton then held Jones and
Dolan under $500 bail each for further
hearing on June q. Because he is a
member of the New Jersey bar, Powell
was released on his own recognizance.
1t was agreed among counsel, however,
that If the Common Pleas Court decided
the bail piece can be served here, the
proceeding against the three men will be
quashed.
Following the hearing Mr.. Tobin de-
manded protection. He expressed be-
lief that his abductors of the morning
would make another attempt to carry
him to Jersey soil and pleaded with Mr..
Taulane to take some step that would
insure his safety until the habeas corpus
proceedings are heard. The Assistant
District Attorney then took the attorney
to Captain Cameron's Office, and getting
no encouragement there, he returned tc
he Magistrates Court and counseled
Davis and Powell not to modest Tobir
until the Court proceedings are ended
This the Jersey attorney agreed to.
Personal.
William U. Whitman, of Newark, has
been visiting his parents in Noun