The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1915-03-02
Mr.. Tobin's Answer.

thursday was the last date on which
Francis Tracy Tobin could file his answer
in the proceedings under which he was
arrested on charge Of defaming Arthur
Phillips. This case has been postponed
SO many times that 1t has almost been
lost sight Of. After the conviction OF
Edgar Murphy for the murder of Her
man Fisher, Francis Tracy Tobin, one
of Murphy's counsel, was arrested on @
capias, the charge being that he had
maliciously assailed the character OF
Arthur Phillips and done him great
damage by having him arrested on the
charge of being the murderer OF Fisher.
Mr.. Tobin gave bail and was given
twenty days in which to file his answer
to the charge. This period was extended
several times, but Thursday was finally
set as the last day, and on that date Mr..
Tobin placed in the Office of the clerk of
Burlington county an extensive brief in
which there were So reasons why the
whole affair should be dismissed.
There were many repetitions in the
brief, the evident intention being to
cover every possible phase of the case
and not to leave any loophole for mis-
takes. In brief the paper alleges that
the allegations In the complaint on
which Mr.. Tobin was arrested were
false; that Mr.. Tobin is q counselor at
law in Philadelphia, being admitted to
the Murphy case on introduction of
Francis ]. Smith, and was acting in his
capacity rs counsel for the defence in all
Of the proceedings which led to his ar
rest. He went to Rockford, Tennessee,
where he saw and interviewed John H.
Dennis, and as the result OF that trip he
brought the action against Arthur Phil
lips, having been given information and
an affidavit by Dennis that it was
thought justified the proceedings. Phil
lips was taken before justice Of the
peace, but after hearing jim the case he
was released.
Mr.. Tobin gives as his reason for look
ing up Dennis and getting his affidavit
the fact that he had been informed that
Phillips had been supplanted by Fisher
in the affections of one of the Wilhelm |
girls and there was jealousy created |
which was the motive for Phillips max
ing away with Fisher. As result Of
the many rumors which had been put
out Mr.. Tobin advised the father of
Murphy to investigate and institute pro-
ceedings leading to the arrest of Phillips,
and in this he claims he was perfectly |
justified as the counsel of Murphy. !
Earnest endeavors were made to secure
the attendance of witnesses, but they
were not successful so the hearing had to
be discontinued and Mr.. Tobin did not
have chance to present his case. He
denies, in his answer, that he acted will
fully or maliciously or that he conspired
with the father of Murphy to secure the |
arrest of Phillips, acting entirely within |
his rights as counsel in the case.
1t is claimed that the complaint on
which Mr.. Tobin was arrested is indefin- |
lite, uncertain, contradicting. false and
untrue. A letter that was received from |
one OF the counsel for Phillips was re-
ferred to. 1t offered to settle the case
against Messrs. Tobin and Murphy, and |
this the lawyer characterized rs
a conspiracy to extract money from |
the two men. 1t was also claimed that
Edgar Murphy was not only innocent
but that he was insane and was not
given a fair trial, and that Mr.. Tobin |
was never granted or allowed his legal
rights in the case.
The last reason, which was number
50, was that Mr.. Tobin files his answer
under protest, being forced to do SO, and
does not waive, relinquish or surrender
any Of his legal rights. He claims to be
a resident of the state Of Pennsylvania,
and desires to remove his case to the dis
trict court of the United States.
Counsel for Phillips consented to the
filing, at any time prior to the oath of
February, 1915, Of the answer Of Mr..
Tobin, but by that consent did not
admit the paper to constitute good,
sufficient or legal answer.
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