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

Holiday for V1ncentOWn.
J A large number of the citizens of Vii
centown took part of Friday to atten
the trial of the Society for tina Prever
ton Cruelty to Animals against Re,
! A. w. Bostwick, rector of the Eplscops
church, who was charged with cruelt
to a horse which resulted in the death {
the animal. The trial was to have bee
conducted before Robert FL. Wooistor
Justice of the Peace, and at the appointe
hour he was in the town hall, where
large audience was assembled, some bt
ing witnesses and many being drawn b
f, curiosity, as the matter had attracte
considerable attention.
James Mercer Davis represented tn
defendant and when the Justice directe'
the jury to be called, counsel presents'
feature which, while properly in order
was entirely novel in this neighborhood
this probably being the first time it wa
ever brought to public attention. Mr.
Davis said he would show that the JUS
tice was not entitled to sit in the case a
he had made remarks showing his pref
udice against the defendant and ha(
expressed an opinion that the defendan
was guilty. Mr.. Davis, after recitinj
his position, asked Justice Woolston t.
disqualify himself, which procedure thu
Justice very promptly refused to accedt
to. Then Mr.. Davis asked Justict
Woolston to select three men, in accord
ance with the statute on the subject, tt
whom evidence should be given thai
they might determine whether the Jus
tice was entitled to act in the case.
After trying to get three men, most OF
whom declined to serve, Hills K. Col.
kit, George w. Branin and Johp Wool.
ston Haines agreed to act and testimony
was taken.
Howard Haines said he was in the
Arcade hotel, Mount Holly, with some
friends when Justice Woolston entered
the room. A discussion arose over the
case in question and Woolstoa said it
had been postponed twice because lawyer
Davis had gone to Oklahoma, but it
would not be postponed again, and that
he would get-applying vile epithet
which was supposed to mean Mr.. Bost-
wick-what was coming to him. The
Justice also said that it would not
make any difference, anyhow, that Bost-
wick would be convicted.
". Eckard Austin was with Haines
when the conversation he testified to
toOk place. He heard the Justice say he
would give decision against Mr.. Bost-
wick in any event.
Fred Eckart was also in the party at
he Arcade and he said Woolston said
ne would have to go against Mr.. BOst-
wick and that he could not do other
wise.
Joseph d. B. Coles was positive that
he had heard Woolston express himself
against Mr.. Bostwick but he could not
designate but one person in whose pres
nee conversation took place.
Justice Woolston was then placed on
he stand and he denied having used
'ile epithets in connection with Mr..
3ostwick, saying II do not use such
language" which statement. for some
eason, caused loud laugh in the room.
He denied saying he would give de-
ision against the clergyman, giving as
reason that the trial was to be by jury
nd it was not within his province to
i've an opinion.
The evidence all in Mr.. Davis address,
d the jury and insisted that the testi-
nony showed that the Justice had ex-
eeded his authority and had shown his
ceilings and prejudice to such an extent
hat it was detrimental to the defendant.
'ounsel argued that. in his opinion, the
cts of the Justice placed him absolutely
yithin the statute which provides for
he disqualification of an official acting
s he had.
Mr.. Peacock, of course. took an oppo
lite view Of the matter. He hello that a
God case had not been made out, and
hat the evidence did not warrant find
ng what Mr.. Davis sought. Mr.. Pea
ock said that it did not matter what
he Justice might have said as the case
yas one for a jury and the Justices
pinion would not amount to anything
4 the face Of the evidence that would be
on the real facts.
Mr.. Davis had the concluding argu-
lent and while he admitted the jury
1ould be the sole judge Of the evidence
seemed plain to him that the opinion
the presiding justice, openly made in
public place and spread broadcast in
be neighborhood of the place of trial,
aust have a bad effect.
The jury retired end in a short time
eturned with the decision that the JUS
Ice was entirely qualified to act.
Then Justice Woolston sprung a sur
rise by announcing that now, having
cen exonerated, he would withdraw
rom the case. Mr.. Davis said that JUS
ice Broom could proceed with the case
ut Mr.. Peacock replied that he was the
and he would not proceed at
be present time, SO the matter went
yer until future date.
After the thrse-men jury had rendered
Is decision one of the members went to
lr. Davis and told him that the jury
eally thought the Justice ought to
ave been disqualified, but as long as
he case was one in which jury was to
ct they could not see where the opinion
Justice Woolston would cut much
Igure.