Evening journal., 1890-02-07
M0ULDERS IN COURT.
INSTRUCTIONS IN THE MATTER
ASKED BY THE GRAND JURY.

lively Pleads Her Own Case Alleging
Conspiracy and spite.
Chief Justice Somegys and Associate
Judges Houston and Paynter were on
the bench at yesterday afternoons ses
sion Of court.
James Jackson, co.oged, pleaded guilty
to the larceny of q shirt and pair OF
drawers from Charles H. Brown. He was
sentenced to pay $3.50 restitution money,
be Imprisoned for six months and receive
FIVE lashes.
Bayard Douglas, eolored. pleaded
guilty to the theft of 50 pair of shoes
from Ward NJ Bowgear Sentence: Pay
ment of restitution money, six months
Imprisonment and ten lAshes.
William Powell, colored, admitted hav-
ing stolen bed quilt from Russell, Mis-
sinner & Co., and was sentenced TO pay
81 in restitution money, be whipped
with five lashes and stay six m Dnths In
Jail
Mary Johnson pleaded not gully TO the
charge Of stealing cups aud saucers from
Mary A. Hart.
Moses Mooney, Thomas Burke and
Hugh Mccormick were tried for driving
away horse belonging 60 DR.. Peter
Cooper without his consent on December
20, last.
Dr. Cooper testified that on that date
he left his team In front Of the United
States Hotel at Front and French streets,
and boarded train at the p, w. g. B.
station for q minute. On his return the
team had disappeared. Two hours after
he found the team at a livery stable on
French street. One of the carriage
wheels was smashed and spokes in the
others were broken.
Harry Sharp saw the wheels broken at
| Fourth aud French streets. SO did Al
bert f. Fraim and Joseph Macy James
A. Brown, lie wis L. Pritchett Police
Officer Chairs and Police Sergeant Peter
ton detailed the difficult arrest OF the
men.
Deputy Judge w. T. Lyman defended
| the prisoner James Alexander and
Alonzo Foster testified that Lew White
drove up with the carriage to where the
I prisoners were standing ON the sidewalk.
They all entered the carriage and drove
away.
Both sides argued the case and the jury
| retired. After being out ten minutes
they returned a verdict Of guilty.
At 30 o'clock the grand jury came in
and made presentment In the case OF
the State vs. James Brophey, the officer
Of the local Moulders' Union, with whom
the Malleable Iron Company has had
much trouble. The presentment con.
sisted of the sworn statements Of Police
officers Burleigh and Updyke, John s.
Thompson and others, detailing the dis
turbances and the methods used by the
representatives Of the Moulders' Union
in their efforts to drive non union mould
ers away from the works, all of which
has been published in full in the EVENING
JOURNAL during the last two or three
months.
The grand jury. submitting this
evidence to the court, asked for instruc
tions as TO what crime or misdsmeanor,
considering that the evidence was true,
1t would be proper to indict Brophey for.
Attorney General Biggs stated that the
presentation had been made at his request
At the hearing before the Municipal
Court on December 2. Judge Ball decided
that Brophey was guilty Of misdemeanot
at common law, bnt no particular misde
meanor known to common law was desig
mated after making an exhaustiv
examination OF the law and facts. Mr.
Biggs stated that it was his duty in GOO
faith to state that it was his opinion tina
there was no provision at common o
OF statute law that win sustain al
indictment in the Court o
General Session on the evidence given
, Rut Mr.. Biggs said he might be wronl
7 and in order 10 have a clear understand
ing rs to his duty he had the present
ment made so that the court conld pas
on the question, and not stand on hi
. opinion that the Indictment could no
stand. Mr.. Biggs did not feel justified 4
overriding the opinion of the Judge O
( the Municipal Court by summar
! lily dlsmissing the case. The la'
against disorderly conduct and profan
: language is in the jurisdiction Of th
Municipal Court and not this court. Nj
Biggs said that he did not think tn
/ judge of the Municipal Court had ha
; time to give the matter athorough exam
! ination, otherwise he would have made
different decision. Mr.. Biggs asked
r have the matter go before full court
when he would read authorities.
t Judge Houston said that he could re
member but one case Of similar chara
J cter, that was case Of blasphemy, cite
' in Harringtons reports in which the in
dictment was doubtfully upheld by tn
I court, because of its tendency to lead +
1
5 been concurred in by judges in othe
1 states. For the same reason an indict
ment in the present case might stand, II
tendency to cause serious breach of th
q peace. Satisfaction might be obtained i
Z a civil action.
After Judge Houston's remaks couI
adjourned.
Frank ID. Carpenter, a law student
. the Office Of Bradford & Yandegrift, wa
on motion Of +. G. Bradford, Esq, az
mitted TO practice at the bar.
J There was a full bench at this morn
, ing's session Moses Moody, Thoma
i Burke and Hugh Mccormick, convicte
j Of driving away DR.. Peter Coo2er's hors
1 and carriage without his consent, wer
. sentenced to pay the cost of prosecute
1 $50 fine and be Imprisoned for thrt
p months.
e On the application Of Benjamin Nield
e ESQ., the case Of the state VS.. 4.
McCavlock, charged with carrying col
, cealed deadly weapons was continued.
e Mary Johnson. colored, was tried Il
i the larceny of cups. saucers and silv,
spoons from Mrs Mary Hart. The pro
ecuting witness, remarkably handson
: woman, testified to the loss
the articles. Eliza Devine an
4 Police Officer Sherer gave evidence f
Z the state. Deputy Attorney Geners
! Davis prosecuted the case and Walter +
D Hayes, Esq, represented the prisone
= George w. Ortlip, William Legg an
9 William Bareford testified to the wit
I, | nesses good character. The jufy retire
| and had not resurned when court ad