The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1917-02-06
Court Affairs.

one of the original appointees and be
drew the short term, SO his reappoint-
ment gives him the full term Of three
years.
An order was issued fixing the 18th
of March when the creditors Of Francis
Tracy Tobin shall be heard on his
motion to be relieved under the insol-
vency act.
Some time ago suit was brought be-
fore justice of the peace by Roland c.
Bovine against Ida L. Maui, 10 recover
balance due on the sale of sewing
machine. The justice rendered YER
dict of no cause for action. The case
was taken before Judge Lippincott,
who, after hearing the testimony, con
tirmed the opinion OF the court below.
After the record had been completed
Judge Lippinoott happened to remark
that the suit had been brought pre-
maturely and that the evidence, even
if it could have sustained reversal of
the opinion below, showed that the
money was not yet due.
This was enough for the lawyers for
Bovine to work upon SO they at once
tried again to have the verdict revers-
ed, but the evidence did not seem to
warrant it and the first decision of the
court acted as q bar to reversal, so an
other opinion of no cause of action was
given.
On Thursday. lawyer from Tren-
ton named Hunt, who was associated
with Samuel G.. Roberts for the plain
tiff, moved that the judgments be re-
opened. Mr.. Hunt took strenuous OBJ
jections to the action Of Judge Lippin-
colt in the matter. He claimed that
the opinion in the first suit did not
have any bearing at this time. Mr..
Hunt did the arguing and when in
terrupted at different times by Mr..
Roberts, he told the latter if he would
sit down and leave Hunt alone they
would get along better.
J. Beck Tyler represented Mrs. Maui
and he commended that the entire
matter had been closed and that the
decisions should stand as recorded. In
his argument Mr.. Tyler showed that
the plaintiff had not properly reopen
ed the trial of the case and that there
were differences in the papers present.
ed to the court and those given to him.
Decision on the motion to reopen the
judgments was reserved.
Having disposed of this matter Judge
Lippincott gave his attention to some
criminal affairs.
Raymond Branson and Ida Cram
mer, from Cookstown, pleaded not
guilty to charge Of adultery. They
will be tried on Thursday.
Another case set down for Thursday
was that of William Evans. who is
charged With stealing metal from the
Riverside Metal Works.
Michael Durrick pleaded guilty to
the larceny Of bicycle belonging TO
Clarence Street. The machine was at
the Mount Holly public school. DUR
rick was indicted by the October grand
jury but he was not caught until last
week when he was located in Phila-
delphia. The defendant is but nine
teen years of age. He formerly lived
at Florence and was employed in the
iron works. He got in bad company
and started drinking. This was the
beginning. When caught in Phila-
delphia he had just finished sentence
of three months for stealing a bicycle.
1t was shown that the boy was one of
the main supports Of his mother and
brothers and sisters and as the stolen
bicycle had been recovered Judge Lip
pincott said he would give the prisoner
another chance, so he placed him in
charge of the probation officer for three
years, with instructions to pay 50
every two weeks until the costs OF the
prosecution was wiped out.
THE cURRAN LIBEL SUIT
Yesterday was the time set to try the
Indictment against Martin w. Curran
for libel. DR.. Curran's alleged offence
was sending to THE NEWS an item
about fire at Chatsworth which one
of the gentlemen connected with the
club held reflected upon hun. He
went before the grand jury in Decem-
Der and that body found an indict-
ment.
When the case was called yesterday
James Mercer Davis was connected
with Prosecutor Kelsey for the state,
V. Claude Palmer representing the de-
PENDANT. A jury was drawn and sworn,
and then Mr.. Palmer said he wanted
to move that the indictment be quash
ed. Judge Lippincott said he thought
the argument should be heard in the
judges room and the jury was told to
take recess. The lawyers retired to
the room and were there nearly two
hours.
The indictment contained many ref
erences to the gentleman referred to,
and Mr.. Palmer argued that there was
not fact on which to sustain the ale
cations because the references were
only the construction put upon them
by the party mentioned and not facts.
One of the decisions on which Mr..
Palmer relied was from higher court,
which says: ut is essential to the
crime denounced by the act that the
statement should be libelous and UNI
true in fact. If the Indictment, on its
face, fails to show these requisites, it
cannot be sustained" This was just
what Mr.. Palmer contended-t the
indictment failed to show that the
statements we're libslous and untrue.
Judge Lippincott gave the matter
very careful attention and finally de-
cided that the motion to quash the in
dictment should be allowed. This de-
cision was made on purely technical
grounds and not upon the merits Of
the case.
In discharging the jury the Judge
thanked them for responding to the
call OF the court on morning like yess
terday when travel was bad and the
bitter cold and high winds made it de-
cidedly uncomfortable to 60 about.
All the jurors were discharged until
further notice.
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