The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-05-18
much prominence, we reprint his re-

marks here's
JUDGE LIPPINcoTT's SPEECH.
The Court has learned that you were
merely the agents and servants of others,
and that it is the custom for proprietors
OF liquor and cigar stores to permit slips
70 be left in their stores by the dealers.
The Court has kept you in jail some time
in order that the Grand Jury might indiet
your principals. Their names have been
revealed, and yet they are still permitted
to carry on their business
1.-The Court has the utmost scorn for
such an administration Of the law and for
the officers, whether they be Grand Jurors
or others, who are responsible for such
administration. And it should earn the
contempt of all good citizens.
1.-THE Court has no sympathy with
those who allow themselves to be de-
luded and cheated by the policy dealer,
but it does sympathize with the young
people, the rising generation, young men
and girls, and even children of tender
years, who are brought into contact with
these demoralizing practices, often with
the consent OF their parents.
ut has come to the knowledge of the
Court that this business is protected.
The names of the proprietors have been
revealed in open court and the Court has
waited for the Grand Jury to act But it
can wait no longer and must punish you,
although in doing SO it realizes that it is
j
sit is strange thing that the officers
can find out who the agents and servants
are and make them the scapegoats, while
the principals are allowed to go free. The
quicker this system Of administering the
laws is abolished the better will it be for
the community, and if 1t cannot be
abolished any other way 1t will be abol-
ished by force"
PROSECUTOR wINFIELD's VIEWS.
"No, never heard Of a proceeding of
this nature,n said Prosecutor Winfield,
referring to the service of the Grand
Jury subpoena on Judge Lippincott.
What do you think of its"
81 have never given the question any
thought. You see, the Grand Jury does
not summon the Judge, but does the in
divldual, and if the individual has any
knowledge of crime, what is there in
the simple fact that he occupies the posi-
ton of Judge that should prevent the
Grand Jury from summoning him before
them. The Judge Is part of the Court
just as the Grand Jury is, and perhaps he
is leading rt-undoubtedly he is, but
at the same time I can see no reason
why. If ne is possessed of facts the Grand
Jury require, he should not be permitted
to come before them and tell what he
knows. though you will Immediately see
that if the Judge should decline to
obey the subpoena no one could
force him to reconsider that de-
clination and therefore in the light Of the
failure of results to enforce obedience to
a subpoena you may safely say that the
Grand Jury is powerless in the matter.
Where power is not supported it can
not be said to exist. Only The Judge can
enforce by penalty, obedience TO a sub.
pgna to appear before the Grand
Jury, and therefore a subpoena
upon the Judge can not be
regarded in any other light than u polite
invitation for him to appear before the
Grand jury and give them the informa-
ton of which he is supposed to be pos
sessed. This, in the light of what have
said, he may accept or decline, as he
pleases, in other words the subpoena is
without force as legal summons.
s'These observations, however, apply to
the Judge of that court of which the
Grand Jury is part The Grand Jury is
not part of the Court of General SEES
sions, but is part of the Oyer and Ter
MINER and General Jail Delivery. From
this court oyer and Terminer]
all the Grand Jury subp@nas is
sue, and to this court the
result of their labor is presented. II the
presiding judge OF the Court of General
Sessions is member of the Court of
Oyer and Terminer. no power can pos
sibiy exist to compel his obedience to a
subpoena If he is not a member of such
court, another question is presented, and
it would be left TO that court to decide
upon the validity of his refusal to obey
the subpoena
Mr.. Winfield had not the necessary
books of reference at hand when inter
viewed him, and he declined to state posi-
lively whether the Judge or the General
Sessions was member of the Oyer and
Terminer without consulting them.