The Penn's Grove record., 1921-09-09
Fishers BOndsmen
Won't Have To Pay
Judge Ware Releases BOndsmen
Of Clarence Fisher From
Paying $4,000, the Amount
of His Bail

In the Salem County Courts last
Friday, Judge Ware granted the mo
ton to dismiss a wit Of scire facias in
the a. CT Is-u9re Lutcrman and
Thomas Taylor, ~sureties for $1,000 bail
in the ease Of Clarence Fisher. con
victed in the Salem County Courts of
suppressing crime.
Fisher, it will be recalled, was Chief
Of Police Of the Borough Of Penns
Grove. and after his conviction. the
bail was accepted conditioned for the
due prosecution for q writ Of error
sued out BY Fisher 10 the Supreme
Court. The latter Court affirmed lhe
conviction and then an appeal wa
taken 10 the Court Of Errors and
peals where q new ira. Was aw ded
Fisher. 1t va during the pro of
This appeal that the defe1daa- let -kc
County and ms never return a.
The motion to dismiss tn WIG Of
scire facias was on the ground that the
bail had been illegally taken and this
the Court found IN az linatiOn Of the
case.
The Court said in his opinion, 1t is
to be regretted that the negligence
that has happened in the taking Of
bail in this case has resulted IN the
condition that IS now presented TO the
Court. Regrettable as II would seem
that justice had apparently been de
feated. tie defendant must have his
rights in Court"
1t was found that the bail was en-
tered into before and taken by William
f.. 'Mifflin. then Sheriff Of the County,
by virtue of an oral direction Of the
Common Pleas Judge and was not en-
tered in open Court; that such power
10 accept bail in a case where a con-
viction has been obtained cannot be
delegated to the Sheriff nor to the
County Clerk.
Roland Carey. Of Penus Grove. who
plead guilty to larceny last week, was
placed in charge o. Probation O1leeT
Galloway for thee years.
An interesting case head by Judge
Ware was that against John List, Tor
atrceio. assault and battery upon
Nj. George. Eiwell, of Penns Grove.
Tn Prosecutor found there was nttle
evi Ience to sustain . charge o. afro
ciouS assault. so LIST was tHied Tor Q
lesser offsase, assault and battery.
List occupies a cottage along the
river front in Upper Pern5 Neck
T-vuship and his place was used hy
hathees to change their clothes. He
became acquainted with Ms. EiWe.l
and informed her when she wanted q
drink to cone to his house and she
would he perfectly Welcome to it. She
testified that she went to the cottage
and found there a girl, whom she did
not know. under the influence Of Liquor
and the defendant insisted that she
take more: that when she ler'o0-
-trated List s,uck her in the mouth
and ON the side Of the face and
body. causing her great pain. She
said She had lived in Penns Grove but
a wear and ~a 4 professional toe
dancer previous to coming 70 salem
County. and that she had VISITED LIST s
place hut three times
The defense vas that LIST r1ck
the m In SET defense: that she
is of vio}eat temper and became m
censed that me had another giIl a the
cottage. cursed him and attempt d TO
strike him ove- the head with an ron
ploragraTh and was biting his myers
wheI. he lit her in t. face. Lis dld
not deny rat he hod offered her
drinks =nl t.at he m-'a coln VII 10y
at his cot axe for his oEVn re- age Cor
his friends who called. de SAID he
had had two or three drinks when the
Girl arrived. but was not drunk. lhe
Count thought otherwise, for Judge
Ware stated that any n who could
stand two drinks of home brew, known
as corn Whiskey. must have been IN
j +Oxirarp0.