The Mount Holly news., 1916-06-27
The .Iovce Case.

4 A long time was consumed In th
Q court Thursday morning on the appli
4 cation to have the proceedings in Re
/ corder Herbert's court reviewed to as
certain whether Charles E. Joyce haC
r been sent to Jail Illegally. James Mer
Ger Davis made the motion to have tht
: matter taken up. He claimed there was
| not testimony of sufficient character tc
show that Joyce was under the influence
of liquor when he was arrested for run
ming an automobile in Mount Holly
Mr.. Davis contended that there is
J always a doubt about the time when q
man is under the influence of liquor,
some claiming that one drink will put
him that way while others must take
several drinks before becoming under
the influence. He admitted that Joyce
had two drinks prior to the arrest, but
Mr. Davis did not believe that he came
within the meaning or intent of the law
by those acts. He wanted Judge Lip
pincott to hear the testimony in the
case and to decide whether Joyce was
legally under the influence of LIQUOR.
Not one of the witnesses who appeared
before the recorder could say that joyce
did not have control of his machine
Mr.. Davis also offered some other
points. He said there is not such
place as Mount Holly. 1t does not have
legal existence. He did not believe
that the designation High or Main
street gave any proof of public place.
He thought the recorder had prejudged
the case by expressing in advance his
opinion on the guilt of Joyce. Mr..
Davis did not believe the papers in the
case were bona fide.
V. Claude Palmer appeared for North
ampton township and argued in respon-
Sc to Mr.. Davis contentious. Mr. Pal
mer said the papers were drawn strictly
in compliance with the requirements of
the statute. He could not see where
anything had been left undone. On the
point that the recorder might have ex-
pressed an opinion Mr. Palmer said that
courts, large and small, were human,
and it was doubtful if any Judge did not
have some opinion on many cases to be
heard, yet it was beyond question that
the decisions we're always in accordance
with the evidence and justice of the
cases. On the point that Mount Holly
does not have any legal existence Mr..
Palmer said ne would produce any num-
m ch hnf
had been formed and charters granted |
with their legal residence as Mount |
Holly and he also pointed out that the |
first part of the complaint referred to the |
township of Northampton. The asser-
tion that High street is not public |
place he felt was too ridiculous to discuss |
Judge Lippincott said he did not see
where he could take evidence in the case |
If the testimony before the recorder had |
been taken by stenographer there
would be something to work upon, but
as the evidence was all given verbally |
there was not anything for him to re-
view. Referring to Mount Holly not be-
ing on the map the Judge said that in
the making appointments for anything |
in the town he always referred to the
court house, Mount Holly. He wanted
to give this matter careful attention and |
he suggested that the lawyers present
briefs to him setting forth their authori-
ties on the points mentioned. This ap-
piled more especially to the objections
raised by Mr.. Davis and it was finally
agreed that the briefs should be in the
judges hands by this morning, as the
court said it wanted to dispose of this
case as quickly as possible.
The bail under which Mr.. Joyce was
released from jail was continued and the
matter will again be heard this morning.