The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-12-03
LIPPIuCO77 OUrVOYBD.
Wanted to Give the Ballot
Box Suffers Eighteen
Months Each at
Trenton.
BUT HIS ASSOCIATES SAID NO,
And So the Frauds Will Go to Snake
Hill For Nine Months--Another
Appeal Possible.
BUT HIS ASSOCIATES SAID NO,

A new sensation in the ballot box stuff
ing cases was developed today when
Michael Kelly, Charles Nugent, James
Sammons and William +. Howe were ar
raigned for sentence, having been con-
victed of fraud while election officers in
the Ninth precinct of the First district.
1t was not until nearly noon that the
Judges entered court, and when they
did the stern expression on the face of
Judge Lippincott indicated that some
thing had happened that had greatly dis
pleased him. Every one in the
court room knew that long
and earnest consultation had taken
place in the judges private chambers
between Presiding Judge Lippincott and
Associate Judges Albert Hoffman and
e. T. Paxton. While waiting for the dis
cussion TO end the people in the court
room enquired OF each cther the mean
ing Of it. But few knew the facts.
JUDGES NOT AGREED.
A lawyer told me when | asked him
what the difficulty appeared to be. that
the Judges could not agree on the sem
tence to be given the ballot-box suffers.
He said: ..You remember that
Prosecutor Winfield denounced these
officers he had brought to trial. and their
case. when presented to the Court, was
SO black that the lawyers for the accused
men refused to make any defense and
the jury convicted them after delibera-
ton of about fifteen minutes. Since this
conviction the friends of the ballot box
suffers have dcne everything possible to
benefit the prisoners, and the result indi.
Gates that they met with great success"
THE SENTENCE.
Judge Lippincott told the four men to
stand up for sentence and addressed them
. has hod 1ar mi
tation concerning your case. You have
been tried and convicted of conspiracy.
You are neither better nor worse than the
others who have been convicted for similar
offences. In some of the cases there was
made greater effort at concealment
than you made. for you did your work SO
openly that it was easy for anyone to as
certain the frauds II they chose to look
into the records.
You are all quite young men. For my
part l do not see any reason why you
should be given any lighter sentence
would send you to State Prison for
eighteen months if / could, but l cannot.
HE WAS ovERRULED.
MY associates believe that you should
receive a lighter punishment than that
aud be sent to the PenitentIary for nine
months Imprisonment, and 30 that must
be the sentence under the circum'
slances."
Judge Lippincott then formally impos.
ed this sentence of niue III oNths on the
prisoners.
A look of qualification was plain
ly seen on the faces of the four convicted
men, when they learned how for
tunate they had been. They re.
turned to their seats, and soon afterward
ex.Judge Garretson and Counsellor Rowe
filed appeal bonds and said they were
prepared 10 furnish bail to the Court.
POSSIBLY ANOTHER APPEAL.
Counsellor Rowe, when talking to me
about the cases Of the ballot box suffers,
said that If the decision of the Court OF
Errors and Appeals sustains the judg-
ment Of the. lower courts in
the ballot box fraud cases
an appeal will probably be taken Co the
United States Supreme Court on a
question of the constitutionality OF a
Trial by jury who declare before the
trial that they are prejudicei:-
II this appeal is; taken 1T will be many
months before the cases of the convicted
men are finally disposed Of
Owen MonahaD, of No. 16l Fourth
street, became bondsman for Kelly and
Nugent. and Thomas Hickey of No. 2l0
Washington street, qualified as surety
for Howe and Sam Judge LipDin-
colt fixed the bail in each case at $500.
The next batch of election officers to
stand ial are the ones who served in the
First precinct of the Fifth district. They
are Thomas German. M. Fallon, William
Taylor and John T. Walsh. The trial oi
these men has been set down for Monday
next.