The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1916-04-11

Il On Thursday, in the Philadelphia
Court of Quarter Sessions the indict
ment against Charles G. Jones, Clifford
r. Powell and John B. Dolan, fol
assaulting Francis Tracy Tobin, was
tried. The men were indicted for atroc.
ious assault and battery, the claim be.
ing made that they used unnecessary
force in attempting to secure Tobin
when trying to get him to this county
on bail bond. The case will be
remembered as an outcome of the trial
of Edgar Murphy for the murder OF
Herman Fisher. Tobin was Murphy s
lawyer and after the verdict had been
rendered he was arrested on a charge of
conspiracy and was required to give
bail, DR.. John j. Flynn becoming his
bondsman. When the time arrived for
Tobin to appear in the Burlington coun-
ty court he refused to be present. The
three young men mentioned above went
to Philadelphia totget him. They sue
ceeded in getting him into an automo-
bile but did not get out of, the city as
Tobin raised such cry that he attract
ed the attention of police officer who
took the entire party to the city hall
where the lawyer made complaint.
/ AT the trial Thursday Tobin testified
that he had been cruelty treated and
en- and lost some teeth, together with
other injuries.
A detective testified that when Tobin
was taken to city hall he did not, at any
point on the route, complain of the in
Jurles he mentioned at the trial and they
appear to have been discovered by a
physician later.
V. Claude Palmer testified that the
young men acted on his advice that
they had perfect right to take Tobin
on the bail piece.
In his charge to the jury the presiding
Judge said that the opinion and advice
OF Mr.. Palmer was correct. The young
men not only were perfectly within the |
law for taking Tobin into custody under |
the bail piece, but he went further and |
said they were justified in using force to |
accomplish their attempt. On this lat
ter ground he instructed the jury that
the charge of atrocious assault and bat
terry must be eliminated and the only |
thing that could be considered was a
charge of simple assault and battery,
and on this point it was only necessary |
70 discover whether unnecessary force
had been used. The Judge also called at
tention to the fact that the men who
took Tobin were in more than one
county on the day the act occurred and
it might be that the assault did not take
place in Philadelphia.
In summing up the defence tie law
yer who looked after the interests of tie 7
accused was very severe in his denunci-
alton of TObin and asked the jury what
they thought of man who would get
stranger to go his bail to keep him out
OF jail and then allow the man who be-
frlended him TO pay the bill.
The jury rendered verdict of guilty
OF assault and battery.
Under the ruling OF the Judge there
should not be any difficulty in getting
Tobin to Mount Holly on the bail piece.
There is an Indictment against him in
the court here but it is necessary for the
Prosecutor of the Pleas to get extradition
papers to secure the custody of the man.
Under the. laws Of Pennsylvania such
papers could not be obtained while the
case OF the young men was unsettled,
but now that it has been disposed of
there would not appear to be any OBJ
stacle In the way. There are many who
believe the county would not be greatly |
benefited by having Tobin brought here
but he has been indicted and there does
not seem to be any reason why he
should have immunity while other law
breakers are held strictly to account.
Tobin has meanly treated DIR. Flynn
who tried to be his friend and he has
shown his contempt of New
Jersey statutes, He should be brought
back even though it may not be agree
able to some of our people to again haye
him with us.