The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-11-16
Court.
Forenoon Session.

AaONAA~~A SAAeAS al bCA 1Cb1CWlIlk tflt dutli-
critics presented by Mr.. Savage in the
case of some accused in was defending,
the conclusion had been reached that
this was a case for the jury to de-
termine. Mr.. Savage then said he
would not offer any evidence but would
argue the case on the states present.
ment and testimony. This he did in
such an effectual manner that the jury
rendered verdict of not guilty.
| The next case was that against a
foreigner from Burlington who was
charged with crime against a boy.
Assemblyman Peacock assisted prose-
lcutor Kelsey in this case. Whether it
was because the evidence was not
strong enough to sustain conviction
or whether the jury had in mind the
several cases that Bobby" had APP
lpeared in on the other side, was not
stated, but the verdict was not guilty.
Prosecutor Kelsey certainly has been
1 in hard luck thus far. With
out assistance he has not been able to
secure a conviction by jury in nine
indictments tried. This does not
mean that all the prisoners brought
before the court have gone free as
about twenty of them pleaded guilty
and have been or will be punished.
Thursday morning before taking up
any business Judge Lippincott said he
would dispose of the application of
William H. Ryan to keep hotel at
Moorestown. He gave lengthy opin-
ion in which he said the application
was made following the revocation of
a license formerly held fdr this hotel
and the refusal to again restore it.
This put the matter in the shape of a
new application and the court had laid
down the rule that on application for
renewal the necessity for the place
must be fully considered. At the same
time where a hotel has enjoyed the
privilege of a license for a number of
years the question of necessity would
not be opened except to show condi-
ltions existing within a year. This
case having shown the elements nee
essitating revocation and refusal the
only question was that of necessity.
A number of the signers of the appli-
cation did not know the applicant, and
their sole desire seemed to be to- get
another drinking place. Counsel for
the applicant had argued that, owing
to the fact that the hotel had been a
licensed place for 100 years, it was the
duty of the court to grant the license
now, unless overwhelming evidence
was presented by the remonstrants.
The latter relied on the registers that
were kept. That the hotel had long
been in existence certainly gave it
some standing. 1t became necessary
for the court to examine the real evil
dence for necessity, and at the close OF
the case the registers were taken and
carefully looked over. The fact that
one hotel was necessity in Moores-
town had been decided. The question
now arises whether there are two
needed. 1t matters not what the pre-
sumption on pre-existence might be
the actual conditions must be looked
into. An abstract from the register
| kept by Henry Barry, who was re-
fused license, showed that the board
ers or transient trade had materially
decreased and from September to No
vember in the present year Ryan had
accommodated but 81 persons, some OF
whom were relatives.
Giving the applicant the benefit Of
all doubt the total income from the ho-
tel in two months had been about 5000
From the fact that Mr.. Ryan did moi
keep any account of his expenditures
it had been hard to determine what he
. had spent in running the hotel, but
he had been given ample opportunity
to refresh his memory on that point
and to inform the court, but he hac
! failed to do so. The court felt justi
fed in examining the registers and af
ter hearing the evidence that the re
/ Iceipts for meals and board were mucl
. less than the running expenses. TIL,
; demand must create a license and tn,
: license must not create the demand
1 After giving every phase of this cas-
4 particular attention Judge Lippincot
said he was forced to the conclusion
= that the demand for accommodation
J. do not require license and the appli
e cation was refused.
:, Henrbert S. Killie presented an az
y plication to have set aside the proceed
1t Iings against Eugen Hargrove, chare
ed with deserving his wife. Mr.. XII
le lie wanted to argue the case on il
merits but Judge Lippincott said h
c, could not go into that part Of the cas-
r. Except on appeal from the decision I
the committing magistrate. All th'
he could do would be to ascertain
there were Irregularities in the paper
'nes. Mr.. Killie examined them and said Il
in overseer of the poor in Burlington h;
Id made the complaint against Hargro'
as a resident of Lumberton townsh
when he should have been proceed
against as a resident of Burlingto
The matter was laid over for furth
consideration.