The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1916-06-20
No Trial Tomorrow.

Sleeper, editor of the Palmyra NeaOs, fo
criminal libel of Harry L. Knight an
/ John w. Harris, which was to have beer
tried tomorrow, has been postponed an,
unless prosecutor Kelsey has a chang
of mind it will not be likely to be calle'
lin a criminal manner at any time. Som
time ago it was stated that the cas-
was to be taken up tomorrow. For very
proper reasons Judge Lippincott decided
to ask Judge Boyle to conduct the trial
1t was also stated that an application
would be made to have the trial before
the court without jury. The editor o
this paper asked prosecutor Kelsey abou
this proposition and the official replied
that he would fight the idea to the finish
Something changed his mind. He wen
to Camden Wednesday, and instead O
opposing the trial by the court Mr.. Kel
sey not only backed water, but he gave
notice that he did not intend to try the
case.
The Palmyra Nea0s, which poses as
absolutely truthful, gives this account
While we do not agree with the editor as
to his truthfulness we will give his re
marks for what they are worth. Hc,says
that Mr.. Kelsey made this statement:
81 desire to state to your Honor that l
am not going to move these cases. | am
convinced after careful investigation,
that certain parties among the complain
ing witnesses are seeking to use the pros
ecutor's office for purposes of political
revenge. l am further convinced that
there is nothing libelous in the pub
lished statements upon which the in
dictments were found.
81 am further able to state that the
complaining witnesses, notably Mr..
Harris and others, have admitted to me,
in the presence of witnesses, that they
were aetuated by motives of revenge"
Judge William G. French, of Camden,
who represented the editor upon the APP
plication at the time, Immediately NOV
ed that the indictments be noll-prossed.
Judge Boyle said he could not consider
this motion because no notice had been
given in advance.
Prosecutor Kelsey stated he would not
push the case until ordered to do so by
the Attorney General.
Judge French asked Judge Boyle to
grant the motion for a trial without a
jury, but Judge Boyle replied that he
would not decide unless the trial was
going to take place"
And even the Ne,0s does not give
prosecutor Kelsey the credit of having
abandoned the case for motives for the
good of the public, but calls Kelsey's
Ha of ho0 Id
the prosecutor claims that the case is one
of politics only he reflects somewhat
upon the grand jury that found the in
dictment, gentlemen who possibly have
as much regard for their Oaths as the
prosecutor has. Another statement that
cannot be understood is that prosecutor
Kelsey said he would not push the case
until ordered to by the Attorney Gener-
al? 1t has been long time since the
Attorney General had the power to di-
rect the movements of prosecutor of
the pleas, and the question also arises,
what are we paying prosecutor OF the
pleas So, 900 year for if he is to call on
the State Attorney whenever he feels he
is not able to get away with any situa-
ton by his own ability ?'' He had Mr.
Wescott here in an endeavor to convict
John w. Harris, and it failed, but it
cost the county 5000 extra for the effort,
that sum being paid the Attorney Gen
eral for his assistance"
In an interview with prosecutor Kel-
sey yesterday morning that gentleman
practically agreed with the main state
ments, although he says he wished to
consult with the Attorney-General,"
not wait until he ordered. Mr.. Kelsey
also said he had been commended for
his action in this case and had been told
ito have a mind Of his own, and once a
decision was made to stick to it." If
that is the condition why wait for the
advice of the Attorney-General to bolster
up that mind Of his own ?''
The Palmyra NeaOs says:
1--WE regret this outcome of the matter
because we have evidence that would be
an awakening revelation and we want to
get it on the court records so that other
legal actions can be taken to protect the
taxpayers. One thing is certain, these
indictments must be tried without fur
ther delay, or withdrawn. We do not
propose to have them held as aclub over
our head, to shut Sleeper up, as one of
the interested parties had hoped"
And for once we agree with the editor.
1t is hard to see where he stands in a
better position than before. He is still
an indicted man. Once he said grand
jury had convicted John W. Harris, a
remark to which we took exception, be-
cause grand jury does not convict, but
it does place stigma on citizen that
cannot be removed until a jury of his
peers has decided the business of the
charge. III the prosecutor does not in.
tend to move the case and if the court
refuses to nolle pros the indictment, the
stain still remains.
On being told what the Palmyra Neaos
had said about the statements not being
libelous prosecutor Kelsey said that was
absolutely false and that he had not
made any such statement. Thedecision
not to try the cases was not based on the
scarcity of evidence but on the fact that
Sleeper professed to have 200 witnesses
to prove that he was not actuated by
malice and that the cost to the county
would be SO great.
Speaking of consulting the Attorney
General, prosecutor Kelsey said he was
going to lay the papers in this case be-
fore the states attorney and ask him
whether, in view Of Presidential cam
paign and the general excitement that
would ensue, it would be advisable to go
ahead. Notice that nothing was said
here about the weight of evidence and if
politics does not enter here where does it
come in? Newspaper men will be COM
forted by the action of the prosecutor.
Where they have heretofore had to be
very careful for fear of showing malice
they now seem to have a free foot and
can cut right and left, in this county at
least, with the feeling Of security that
the prosecutors Office will not be used
against them to satisfy political
squabbles.
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