The Jersey City news., 1891-12-11


Judges, while on the other hand they de-
nounce The action and impugn the mo-
ives of the Lay Judges for any action
they disapprove of.
And right here it might be well for
me to soy that would much prefer to be
a Live Judge for the balance of my term
than wooden Judge, as one of the Jer-
sey City papers so scholarly terms the
majority of this Court. for the rest of my
natural life.
II am honest and sincerely of the opin-
ion that by the announcement made by
the Presiding Judge, when pronouncing
sentence last week upon batch of con-
victed election officers. have been placed
IN an unfair and unenviable position, and
the structures of the press fully conarm
my Goa victions.
THE SENTENCE ISSUE.
| For period of more than twenty years
| the most cordial and friendly relstlons
have existed between myself ana the Pre-
! siding Judge, and Scorn to assume that
| it was Intentional, but. nevertheless, the
| impression was created by these remarks,
that the Presiding Judge hal never con-
| sented to anything less than eighteen
months In the States Prison, as punish
| ment for the convicted ballot box con-
spirators. and that he was forced to pro-
nounce the sentence of nine mouths in
| the PenitentiRry because of the fact that
| he was outvoted by his colleagues
1.-Two previous patches Of convicted
ballot box corspirators had been
sent for nine months to the Peni-
| tentiary and not by my vote, as
l was absent in Europe at the time when
| that first departure was made by the
| Court learned that this great reduc-
| tion of the sentence was agreed to by my
colleagues. ON the pledges of the counsel
| Of defendants that they would not exer-
| else their legel right of appeal, but at
once enter upOn their sentence.
II imm edIately notified my colleagues
| that could never consent to such an
agreement, and il 1t was persisted in |
would change my vote from eighteen
months in the Penitentiary. in order to
| effectively protest In what seemed to me
| a bargain with the defendants.
sTINGING WORDS.
'If the Court thought that the sentence
| heretofore imposed was TOO severe, /
| would vote fer a reduction, but I could
| never assent to the enforcement of con-
dition, that 10 me seemed not only extra
| judicial, but in my humble opinion
looked like an attempt to cast stigma
| upon the highest Court of our State. In
! other words. the Court had such serious
doubts as to the final outcome of these
cases, that the sentence was reduced to
one-half under an agreement with defend-
ants counsel MOTTO exercise their right to
appeal rather than trust to a review Of
the cases by the Upper Court.
II am also decidedly of the opinion that
| such a waivering did not entitle the de-
| PENDANTS to the clemency OF the Court. !"
"They did not occupy the position of
contrite and self-confessed law breakers !,
who by their plea of guilt saved the tax
payers of this Court the expense of the
trial, and threw themselves upon the
mercy of the Court.
mot at all.
"Thev proceeded to trial, were duly
convicted, and were arraigned at the bar
for sentence.
"Overpowered by conscientousness
of guilt and trembling before the impend-
Ing doom, they waived their, statutory
right to have the many novel questions
which have arisen during the trial of
these causes, determined upon by the
Upper Conit to escape the major portion
of the punishment in store for them.
"If these men were sent nine months to
and without my sanction, see no good
reason why the men, who, by advice of
their counsel, exercised their legal right
to appeal, should be visited with a much
greater penalty.
IF nine months in the Penitentiary is
an adequate punishment for the crime
itself, as evidenced by the action OF my
colleagues in two other cases, I can see
no good reason to punish the defendants
additionally for exercising the power
given them by tine Legislature OF this
State, when making writ of error,
writ of right. in all but capital c1ses.
AN ATTACK ON THE LAW.
"Such action upon the part of the
Court is direct attack upon that law,
and would, if persisted in, make its pro-
visions useless.
IF the Upper Court sustain the judg-
ment Of the courts below, then these de-
PENDANTS sen enced to nine months un-
9onditionally will have to serve the same
%erm as those who entered the Peniten-
tiary, under the con promise. but should
the Upper Court reverse the cases, then
/ shall have the satisfaction OF knowing
that did not sanction an agreement
whereby men were induced to enter upon
and serve term of imprisonment, al
though the highest court OF the State af-
forwards declared that their conviction
was illegal.
81 desire tosay that my action in these
cases was never influenced by anv man
or body of men, and that they have no
political significance whatever.
II can reBdily see that with all this ex-
planation may yet be subject to some
misunderstanding. because 1t may be
said why did not continue to vote for
the original sentence, and then vote
against the compromise sentence.
"This cannot altogether explain be-
canse it would in a measure expose con-
fidential relations, but / can only id In
conclusion that the only recourse left ne
to make my protest against that compro-
mise sentence effective, WAS to vote un-
conditionally for nine months In the Pen
itentiary.
IF that became the Judgment of the
Court by the immediate sanction of one
of my colleagues, that is matter that he
may explain, but not l."
JUDGE HoFFMAN's RECORD.
Judge Lippincott. in reply TO what mis-
associate had said, spoke thus:-
''Thirty-five defendants now have been
convicted of offences against the election
laws. One defendant died after indict-
ment and before trial and two have been
found not guilty by the jury-thirty-
nine in all disposed of by this Court.
-Four OF the defendants, Stringham,
Flynn. Holderer and Boulger, aft er
formal conviction, came before this
Court and stated through counsel and
personally. in open Court, that they would
not furI her contest their convictions, that
they Intended to submit to the Judgment
of The Court and enter upon their impris
onment If any was Inflicted, at once; tuey
craved as much mercy of the Court as
was consistent with justice, according to
the circumstances of the case. They
were not the leaders in the fraud in their
respective precincts, and there were
many circumstances about their cases
which tended to mitigation.
After consideration by myself and my
associate, VINO sat with me ia these cases,
we, according to our best judgment, de-
termined that nine months imprisonment
~, - a