The Monmouth inquirer., 1890-12-11
Monmouth County Courts.

M1UulllUuLu OUuHIy OUuI bO'
BEFORE HIS HONOR. ;. O. ooNoyER. PRE-
SIDING, AND ASSOCIATES BENNETT AND
CURTIS
In the Common Pleas Court, Dec. 4
the case OF Robert Allen. Jr., plaintiff,
vs. James H. Roman defendant, on con-
tract, tried by Court, was decided in
favor OF the appellee for $l96 and in
terest. amounting to 1926. So, for plain.
tiff, John T. Rosell. f8B
,.t.e QUARTER SESSIONS.
Jno. B.. Vincent waived indictment
for burglary. and held in 5000, to ap
pear Jan. 1st for trial; security. Garret
B. Ludlow.
]. Albert Young and james Fields.
appellants VS. the Borough of Allentown.
appellee, for debt. These two young
men were arrested for fast driving at
Allentown and were fined by the Justice
Of the Peace. They refused to pay and
appealed the case to this Court. The
Court reserved decision; for appellant,
W. D. Hall and Jne. A. Steen: for
Borough. W. Holt Apgar, B. B.
Hutchinson.
THE BOOK MAhEh CASflS. =
On Monday the Court proceeded to
draw the struck jaries in the cases of
the four book makers arrested by Con;
stable Frank Patterson. ny
Attorney Parker acknowledged re-
ceiving notice that the struck jury
would bo drawn. Counsel Arrowsmith,
who also appeared for the book makers.
said he had sent for the Court stenog
rapher at their clients expense.
Judge VIM. T.. Hoffman stated that
the defense objected to the proceedings
on the account of the irregularity in the
order served upon them. as it was signed
Charles H. WINS, AS Prosecutor of the
Pleas; that be had no authority to move
for struck jury; that his appointment
was irregular and not according to the
constitution OF New Jersey, as he had
not been appointed by the Governor.
(The Court admitted Mr.. WINS had not
been appointed by the Governor. Mr..
Hoffman also objected because the
Legislature had no right in any way to
change the constitution.
Judge Conover asked il the Prose-
cutor was taken sick the Court could not
appoint person to take his place aud
all Prosecutions would have to stop
Judge Hoffman 1t would have to-.
If the constitution made no other pro-
vision.
Counsel Hoffman objected to the pro-
ceedings because the legally qualified
Prosecutor of the Pleas was and now
is Charles Haight.
The Court admitted that Mr.. Haight's
term had not expired. but owing to
sickness he was out of the State.
Objection by Counsel Arrowsmith
that John w. Swartz was appointed
Asst. Prosecutor by Charles Haight and
his appointment, has never been revoked
by bim.
The Court admitted that after the de-
parture OF Prosecutor Haight to the Ba-
hama Islands, 1t appointed Charles II.
Twins as Prosecutor for the term, but
Mr.. WINS had made no appointment for
Assistant Prosecutor.
Judge Hoffman objected because
Charles Haigbt was duly appointed
Prosecutor and be had not appointed
Mr.. WINS.
The Court ruled that it had appointed
Mr.. WINS and he was qualified to fill
the position.
Objection :-Because at time OF the
signature to the notice and when order
was made for struck jury John w.
Swartz was Assistant Prosecutor and
was discharging the duties of that Of
flee. during tho temporary absence of
Prosecutor Hsieht. the legal Prosecutor
who appointed Mr.. Swartz
Hn,.~k ao,<l M xuao not
discharging the duties OF his office at
the time the notice for struck jury
was served. After she appointments OF
MIR. WINS all the papers were delivered
over to him by MIR Swartz. The Court
did not give Mr.. WINS any order; Mr..
WINS made a verbal demand for the
papers.
Further objected TO because Charles
H. WINS at the time of serving the
notice aud the order made by the Court
wss not and is not now legally quail
fed prosecutor because he was not a
Counsellor at Law of the State Of New
Jersey.
Counsel Arrowsmith demanded to see
the Jury list book OF oil persons eligible
to jury duty in the county. Two books
were REOuuCsu. OOuH1Ci tucu oUjootou
TO the selection of the forty-eight names
from the book as 1t was not the book
contemplated by the statute and it was
not the book Of Sheriff jsmock. who
it.
Rulief Smock testified "That he had
been Sheriff since Nov 18th. The book
be had produced to draw the jury was
the Register Of Jurors Book, Sheriff's
office: that is the book 1 found when I
came in Office; aud I am not responsible
for it. or any OF the names contained
therein ~.
Examined by Mr.. WINS i received
the book from Mr.. FL. Fields. clerk
in my Office; it has been said it contained
all those eligible TO be drawn on juries
in this county; In reference to some
OF the names know are correct. that is
the book kept in the Sheriff's Office to
draw iuries from, and as such I received
it from my predecessor. I do not know
what position Houston Fields held in