The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1917-02-27

Justice Kalisch came to Mount Holly,
yesterday, and disposed of the applica.
ton for new trial for Edward A.
Cook, who was convicted Of murder OF
the first degree. in killing his wife,
Bertha Cook, at Bordentown. The
verdict Of guilty ofmur
der Of the first degree. but added the
recommendation allowed by law that
the prisoner be sentenced for life.
Mr.. Palmer, who defended Cook, at
once applied for a new trial on the
ground that the evidence did not war
rant the conclusion reached by the
jury. The matter was argued before
Judge Kalisch, at Newark. and his de-
cision was reserved until yesterday.
Cook was brought into court and af-
ter he had taken his seat beside his
counsel the Judge said he would render
his opinion. He said he had taken
pains to examine very closely the testi-
mony that was offered atSths trial and
had given attention to the arguments
set forth by counsel for the state and
defence. He had cone to the conclu-
sion that while the testimony was
rather meagre on the point that tended
to establish generalization, neverthe-
less there were circumstances from
which jury might reasonably find
that there was premediation. The
Judge said it was not question what
he would have done if the matter had
been left entirely to him or what his
mind might have been in the case. He
might have done otherwise If he had
been on the jury. There was one cir
that was Of great importance
in this case. The testimony showed
that Cook had cleaned his gun on the
Friday prior to the shooting and had
extracted the shells, but on Sunday,
the day the woman was killed, there
was shell in the gun. The person
who put 1t there did thatfor purpose.
The defendant did not explain, when
be was on the stand, how the shell got
in the gun. While it is incumbent on
The prosecution to show, beyond q
doubt, that there is pre-
meditation in murder cases, and while
4 defendant ia not bound to prove that
he is innocent, yet all circumstances
must be weighed and the fact that
here was shell in the gun without.
an explanation how it got there was
for the jury to consider.
The jury had visited the house where
she shooting occurred and had care
'ully examined the premises and I'M
ioubtedly taken into confederation all
If the conditions connected with that
part Of the case. After careful con-
'ideration of all the facts connected
With this trial Judge Kalisch said he
would deny the application for q new
rial.
Edward A. Cook was then told to
'tand upfor sentence. Justice Kalisch
old the defendant he had been con-
5icted after fair and impartial trial
Ind that he had been ably defended.
Fhe defence that was presented did not
commend itself to the Jury because of
he many contradictory statements
hat had been made. The jury had
,een merciful and instead OF sending
he prisoner to the electric chair it had
recommended q sentence Of life inn
'risonment. The Judge said it was
Fery sad spectacle to see a man of such
m early age in this position. The
prisoner had led an honest life, yet to-
lay he stands convicted OF one OF
he most heinous offences against the
aw. 1t must be assumed that the
rhine was committed with premsdita-
ion. The Judge said the prisoner had
lot shown any signs OF remorse, vet he |
vas loathe to think that the man be-
ore him was so depraved as to be with
nut conjunction for the very serious |
ct for which he was to be punished. |
The Judge then imposed the sentence
provided in such cases which is i'm
'riscnment at hard labor in the state
'rison for the remainder OF the |
natural life.
The subject of trial of the persons
Inder indictment for murder at Riders
ogs, was then taken up. It had been
expected to take up the first case yes
erday but Judge Kalisch said he I'M
erstood the matter would consume I
cry nearly week and he had some
that could not be put off |
nd on next Monday the Court of Err
ors and Appeals would sit and he
Tould be compelled to be present. He /
nally decided on Tuesday, March q,
the day on which the trial should
egin.