The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-12
How One Firm Got Even
With Mr. John Nc
Phillips.
AMERCEMENT THREATENED
That Brought Him to His Trumps
With a Short Turn-Mr. Russ
Gives Evidence.
How Minturn & Nevin Brought
Hudson's Official TO Book.

AS The NEWS proceeds with the expo
sure of the disgraceful condition of the
Sheriff's Office, more and more evidence
to corroborate all that THE NEWS has
claimed is unearthed. Some victims OF
neglect in the Sheriff's office have volun-
teered information to aid The NEWS in
the good work it is ding, hoping thereby
to bring about proper administration of
the Sheriff's Office. Others when
asked to relate their experiences
have shown-a readiness to assist that has
never been equalled in bringing before
the public,the derelictions Of any public
office in this county. In fact HE NEWS
has but voiced the expression OF general
outburst of Indignation against Sheriff
McPhillips' manner of conducting the af-
fairs of his office.
Today THE NEWS will show up other
abuses, one of which very nearly brought
the Sheriff before the court for punish
meut.
Some months ago Cunningham & Co..
of New York. sold on the installment sys-
tenn valuable coach to JoHn Grimm,
Hoboken undertaken. Grimm failed to
make the payments AS agreed upon, and
Cunningham e. Co. directed Corporation
Attorney MinJurn of Hoboken. MEM
Der of the firm of Niven & Minturn. to
sent to Sheriff McPhiilips to be served
July II. 1t was case that permitted of
no delay.
HASTE WAS NEEDED.
Rep1evin suits seldom do; and Sheriff
McPhillips was well aware OF this fact
After waiting a week for the writ to be
served, Lawyer Horace L. Allen, manag-
ing clerk for Niven g. Minturn, communi-
Gated with the Sheriff and urged him to
hurry. 1t was explained at the same time
that inasmuch as Grimm was a busl-
ness man in Hoboken there ere. was was
paid no attention to the matter and
from time to time Lawyer Allen COM
planned to him of the neglect. The law
yer was being pushed by Cunningham &
Co.. who naturally blamed Nevin q Min
turn, and charged them with the delay.
Finally, on August 10. Mr.. Allen be-
came satisfied that Sheriff McPnillips did
not intend to serve the writ of replevin,
and he resolved to take the last remedy
to compel the Sheriff to do his duty.
He served notice on McPhiillDs that
he would apply to the Court for writ of
amercement to compel the Sheriff to do
his duty or submit to punishment by the
Court for neglect. To amerce a Sheriff
is a proceeding seldom necessary.
Sheriff fears amercement more than any
shows to his bondsmen that he
has been careless or wilfully
disobedient or neglectful of his duties
Conduct such as this generally frightens
bondsmen. for it gives them every. reason
to believe that they take great risk in be-
coming surety for the faithful perform
ance OF the Sheriff's duties.
THE REMEDY WORKED.
The notice that writ of amercement
would be applied for had the desired
effect. for Immediately McPhillips had
that Grimm is firm friend of Sheriff
McPhillips, and that is the reason why
the Sheriff could not find him to serve
the writ.
When l asked Corporation Attorney
Minturn today if the amercement story
was true he replied that IL was.
What do you think of the condition OF
the Sheriff's Officer" asked.
II don't believe McPhillips' best--friend
can say the office is conducted properly.
No doubt a great deal of the trouble is
the responsible head, and he Is the one to
be blamed. Clients. not knowing the
facts, blame the lawyers and find much
fault with them for the neglect in the
Sheriff's office"
ssHave you heard much complaint from
lawyers about the Sheriff's officer
"Oh. yes; I've heard a general COM
plaint from lawyers. And some of them
were his friends, too.''
next visited the law firm of Russ &
Heppenheimer, who are known to every
one in the county. When l told Mr.. Russ
that had been informed that he had re-
ceived some curious treatment from the
Sheriff, be said that 1T was true.
MR. RUSS DISAPPOINTED.
f'When McPhillips was candidate for
the Office of Sheriff | supported him
warmly, and made speeches for him. l
believed him to be thoroughly capable of
conducting the business of the office, but
was too sanguine, my expectations have
not been realized. The Park Hotel was
sold by the Sheriff last April for about
a, 500. There were number OF Judgments
and liens and also mortgage on the
property. My client, Bryan Smith. had
secured a Judgment for $400. 1t stood
third in point of settlement This judg-
ment has not been settled yet TO my satis-
faction. After communicating with the
Sheriff's office almost daily to have paid
to INV client the amount due him on the
Judgment, received a check from Sheriff
McPhillips, October 10, for $279 The
amount Of the Judgment, as l said was
$500. McPhilltps did not send me any
iteniZed statement to show that my
client was entitled to no more money and
demanded one from him: McPhiIlips
has not furnished me with the statement
yet, although 1 have almost daily de-
manded it. In fact, my clerk is ar the
y Sherlff'S ONCE now iHhlAluS duotHcr ue-
mand. My client is not sat-
isfied to take $279 for $500 unless
he knows that he is not entitled to more.
/ do not know whether he is or not, but
it looks strange for McPhillips not to
give me the itemized statements.
.sThere are many lawyers who say they
cannot get itemized statements from the
Sheriff." commented
..Yes, no doubt; but mean to have
one. See, have not used the check he
sent me Showing me the check Tor S219)
and viii not until know that that is all
NV client Is entitled to-"