Courier-Post from Camden, New Jersey • Page 24

24 COURIER-POST. CHERRY HILL, N.J. Wednesday, May 26, 1976 Council reverses self pays $1,714 legal bill 4 -J i Ehiriingto County 1 iff jJf7 By LOUIS T. LOUNSBERRY Courier-Post Staff DELRAN Township council did an about face Tuesday night and voted 4-1 to pay a controversial $1 ,714 legal fee that last month it had decided to fight in court. The payment for a bill submitted to council last year by an attorney retained by Mayor Lorraine Schmierer to represent her in a suit against council.

She had challenged council's right to withhold payment of all bills, including contracts. Since the matter involved a legal dispute between mayor and council, Ernest Sever, township solicitor, had to withdraw from any participation. He said both parties must hire their own lawyers for the case. Council hired Francis J. Hartman of Mount Holly.

Mayor Schmierer hired George Hulse of Trenton. Because the matter involved a new council, which will take office next month, with existing personality problems on council." In other action, council approved a resolution confirming the acquisition of about eight acres of land from the Public Service Electric and Gas Company for $24,500. The land is part of the township's Swedes Run Green Acres project. The resolution was needed to meet a requirement of the state Public Utilities Commission which oversees operations of the utility. Council also introduced a single ordinance providing for visual clearance on comer lots to help motorists see oncoming traffic, and instituting regulations limiting fence heights within the township.

A public hearing on the proposed ordinance will be held at council's June 22 meeting. A if between $60 and $100 per hour. The difference between what the townshipwas willing to pay Hulse and the bill Hulse had submitted amounted to less than $250. Council realized that if Hartman spent more than three hours on the case, it would cost more than the disputed figure. Councilwoman Yvonne DeWitt said incasting her lone "no" vote Tuesday she still believed Hulse was hired illegally by the mayor and that his fee was exorbitant.

Council president Theo Knaak, who opposed paying the bill last month, said it would be "unfair to burden a legitimate dispute between mayor and council, it was agreed council would pay both legal bills. The case was heard by Superior Court Judge Alexander Wood in Mount Holly. Council eventually won the decision. Hartman submitted a bill to council for just over $1,500. He was promptly paid.

Hulse submitted a bill for $1,714, but council refused to pay his bill claiming it was "too much." Hulse then filed suit to collect his fee. Last month, council voted to retain Hartman to fight the suit. It agreed to pay him his prevailing hourly rate of LORRAINE SCHMIERER Thursday, Friday, Saturday JOHN PATRICK TULLY Hearing told Tully lacked legal aid MOUNT HOLLY A deputy state Attorney General said Tuesday that state's witness John Patrick Tully did not have his attorney present when he was first interviewed by prosecutors. T. Barry Goas testified that the ex-mob hit man was transported from a federal holding cell in New York City on Columbus Day 1974 to be interviewed for a possible plea bargain.

It was not until Tully refused to be interogated that his attorney was notified. Tully, however, three months later entered into plea negotiations, eventually pleading guilty to four of five murder counts against him and agreeing to be a witness against nine members of the Newark-based Cam-pisi crime family. Goas testified to the first meeting between state prosecutors and Tully as the former hit man's bid for a reduction in a 12- to 15-year prison sentence moved into its third day before Superior Court Judge W. Thomas McGann, here. Tully is seeking to have his sentence reduced to one day less than the shortest sentence negotiated by members of the North Jersey crime organization.

Those sentences ranged from three to 25 years with several members presently free. The reduction bid was originally slated to be held April 29 but recessed until this week because of a crowded court calendar. Judge McGann reserved Monday through today for the final days of the hearing although it appears the case may extend past today. On Tuesday lawyer, former first Philadelphia District Attorney Richard A. Sprague indicated that Goas was expected to testify through today with fellow state Atty.

Gen-Michael Brown resuming the stand later. Brown and Goas were two of the state's prosecutors in the Campisi case and negotiated Tully's plea bargain. Tully contends that the state reneged in its deal with him, giving him a heavier sentence than other members of the crime family. Kidnap hoax nets vagrant 2-3 years MOUNT HOLLY A 53-year-old vagrant was sentenced to two to three years in a state prison Tuesday for falsely confessing to the abduction-murder of Margaret Ellen Fox of Burlington. Burlington County Judge Paul Kramer sentenced Charles M.

Clow-bridge, a former resident of Harris-burg, to the prison term recommended by Assistant Burlington County Prosecutor Paul E. Lat-terman. Clowbridge, a tall, gangly man, confessed Nov. 23, 1975 to kidnaping Miss Fox, 14. of Penn Street on June 24, 1974, murdering her and dumping her body from a cliff in the Catskill Mountains in New York.

The confession, made while a prisoner in the Montgomery County Jail in Norristown, touched off a massive three-month search of (he Catskills area by New York State Police, FBI agents and members of the Burlington County Prosecutor's office. On April 27. Clowbridge admitted to authorities that his confession was a "gigantic hoax." Even asked by Judge Kramer why he perpetrated the hoax, Clowbridge answered, "Honestly, judge, I can't answer that." In sentencing Clowbridge, Judge Kramer noted that the hoax was especiallycruel to the Fox family who still do not know the fate of their daughter. Miss Fox was last seen boarding a bus for Mount Holly where she was expected to be met by the father of a child she was to babysit. Public Defender William O'Byme described Clowbridge as 'one of life's lost souls" and asked that the defendant be placed on probabtion and comitted to Ancora Psychiatric I lospital for examination.

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