The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-06-23
Lawyers Heap Up Objec-
tions but the Trial
Moves Right On.
THE CONSPIRACY OUTLINED.
Mr.. Winiield's Clear Opening---Tes-
timony Begun---A Long
Fight.

Counsellor Daly's stalwart form, tied
up with white necktie, was the first to
appear at the table at which the counsel
who are conducting the great election
trials sit in Judge Lippincott's court
was busy with pen and paper and pre-
sented quite picturesque appearance as
he sat at the green table with both arms
resting upon it. Meanwhile ex-Judge
Garretson, 1.-THE chief of the counsel for
the defence, was fitting here, there and
everywhere gathering his books and pa
pers. Presently he took his place at the
desk with his associate, and Corporation
Attorney Hudspeth joined them.
The first sign of activity was mani
tested when Judge I.ippincott stepped
through the curtains behind his bench
and directed "Wes" Welsh to notify the
Prosecutor that the Court was awaiting
him. Mr.. Winfield presently responded
and sat himself at the seat he usually oc-
cupies ut trials. The irrepressible Alte-
mus strode into Court decorated with a
high hat for the occasion. and made him
self at home at the Prosecutors desk.
Sheriff Davis stood at the end of Clerk
Kellaher's desk resting his arms on top.
When everything was IN readiness, ex-
Judge Garretson rose with book in his
hand.
A MOTION to QgAsH
''May it please the COURT he said, II
desire to withdraw the plea of not guilty,
that may move to quash the indict-
mefit"
The plea may be withdrawn said
Judge Lippincott
Then the ex-judge proceeded to argue.
The supplement to the crimes act, under
which the prisoners are indicted Furnishes
conspiracy among other things to COM
nit any act for the perversion or obstruc-
tion of justice or the due administration
of law. The Indictment does not charge
any crime set out in this section. 1t
charges that they conspired by
agreement not to commit any
overt act, but to obstruct the
administration of the law regarding cleo
tions. IL may be well argued, he thought,
that the words quoted from the section
do not contemplate violations of the cleo
tion laws. 1t is rather directed for con-
spiracy to obstruct the administration of
Justice by the courts. But even ii the
reasons are the other way, the Indictment
does not charge that the defendants con-
spired, as the act requires it should, to
commit an act. AS we'll allege conspir-
acy to violate The statutes concerning
murder, by killing Mr. So-and-So. as
charge these men with conspiracy TO OBJ
struct the administration of the laws. by
doing so and so in connection with cleo
tions.
"Well,'' Mr.. Winfield answered, as he
rose slowly, s'outside of the lateness of
the hour at which this objection is made,
after all preparations have been made, all
that the statute requires to be alleged in
the Indictment is there. The acts are
there; they are charged with conspiracy
to do what? Why, of course, to commit
crime. Some overt act must be done;
and the acts are alleged here"
HWhatever might have been the opinion
of the Court on this question il 1t had
been raised earlier" Judge Lippincott
ruled, 1.-THE Court thinks it ought for
mally to refuse this motion at this time.
The Court is of opinion that the indict-
ment is sufhcientin its frame"
A CLOUD OF WITNESSES.
Mr. Winfield asked permission to call
his witnesses, and these answered,
.present:-"
John Quillan, j. r. Norton,
William F. Taylor, Henry Byrnes,
M. 3 Johnson Charles Thomas,
James Graham, Albert Datz,
William S. Sharp, Mrs. r ]. Graham
Dennis Mclaughlin, Henry Hanson,
Tim Long, w. S. Finn,
John e. Scott, James McWilams,
M. J. O'Donnel, r. Storley,
Jim e. Connolly, Charles G. Steimetz,
T. II, O'Neill. William Huffman.
J. p. Lillis, A. Rhody,
Dan Tierney, H. Chrom
Ed Hayes. Mary Breen,
Fred Mancky, v. E. Erickson,
Dora Hansome, Annie Brown,
y. G. Glossy, Henry Brown,
Margaret A. Metz, Henry Sickle.
Kate Tayrner Ma,.t6o eath,,,rr