The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-16
LOUD D-fOBGUED JUSTICE
Judge Lippincott Creates
a Sensation in
Court.
FAILURE TO lNDlCT STANTON.
Winckler's Escape Unaccountable
Eighteen Months at Snake
Hill Changed to Nine
at Snake Hill.
FAILURE TO lNDICT STANTON.

Christian A. Holderer and Patrick
Boulger the election officers who were
convicted Friday of having perpetrated
ballot box frauds in the Second precinct
of the Fourth district were sentenced
today. When the two men were arraign-
ed for sentence they looked pale and
grave. Holderer was the more
nervous, and he gave timid
glance at his brother, Police Sergeant
Holderer, who occupied a seat next to
the prisoners pen. rhe Court room was
crowded by people who for some reason
suspected that something of unusual in
teresJ would happen. In this they were
not disappointed. Ex-Judge Garretsou,
Judge DAILY and Counsellor Rowe. VINO
had defended Holderer and Boulger, were
also in Court and listened with the closest
attention to the remarks of Judge Lip
pincott, which were of nature that
could not be misunderstood.
The Judge, addressing Holderer. said in
effect that the convicted ballot box suffer
had been forced by some one to
perpetrate the fraud to save some
relations from disaster. This remark
adjourned some of those who
gathered about the corridors to
discuss the Judges remarks, declared
that he must have referred to two
brothers of Holderer, who are on the
police force. Ore is sergeant and the
other patrolman. The people drew the
inference that young Hoiderer had been
threatened that his brothers would be
discontinued from the Police Department
il Holderer did not close his eyes to the
frauds that were TO be perpetrated.
To save his brothers he became party
to the crime.
A CHANGE OF MIND.
When -the-~Judge had concluded his
very strong and impartial remarks, de-
livered In fearless and manly
manner, and the two men had
been sentenced to State Prison for
eig ghteen months, the counsel and the
condemned held consultation. in which
Sergeant Holderer also took part. Tears
streamed from the eyes of the latter, and
he was completely broken down by the
trouble of his brother.
At the conclusion of the consultation
ex-Judge Garretson and Judge DAILY ap-
preached the bench, and the for
mer in a low. trembling voice that
expressed much more than words
can portray, Informed Judge Lippincott
that it was the desire of the convicted
men'to withdraw the writ OF error that
had formerly been filed when sentence
was passed and to throw themselves on
the mercy Of the Court.
The stiffness of death followed the re-
marks of eX-Judge Garretson and all
eyes were turned on Judge Llpp1ncott In
expectancy. The Judge paused for
moment and then he said:-
application has been made to the
Court for permission to withdraw the
writ of error in this case and the defend
ants desire to throw themselves
upon the mercy of the Court. When the
sentence was imposed it was understood
by the Court that the defendants would
take a writ Of error. This writ WAS taken.
has been informed that the defendants
are willing to accept the sentence OF the
Court"
WILLING TO ACCEPT.
"We are,' replied Holderer and Boulger
simultaneously.
"In order to finally dispose of this case."
continued Judge Lippincott. 1--WE have
concluded to very much abate the SEN
tence that has been imposed, and which
is reconsidered.
The Court then sentenced each man to
a term of nine months at hard labor at
the Penitentiary. Boulger and Holderer
may If they choose remain In the County
Jail until next Monday This is what
Judge Lippincott said when he first SEN
fenced the two MEM
AN APPEAL ARGUED TOMORROW.
Tine appeal of Jacob Moscheil, Thomas
Fallon, John Hart and j. Thomas Duran
cy, convicted election officers In the First
precinct of the First district. will be ar
gued tomorrow in the Court of Errors and
Appeals. 1t is not known whether the
Court will render an immediate decision
or not 1t is on the result of this case
that all the convicted ballot box suffers
depend for hope. This appeal is consid-
cred the test case.
1.-The verdict Of the jury against you
was entirely satisfactory to the Court.
We, upon q careful review of the evil
dence, cannot clearly see how any distinc-
tion was drawn by them between you and
W1nkler.
"The Court does not criticise the action
of the jury at all, except to say that
Winkler's escape was merciful one. In
passing sentence in these cases the Court
generally says whatever it is prompted to
say by reason of the proof in the case.
1.-The acquittal of Siemons was salts
factory to the Court. Under the evil
| dence here he sbould not have been in
dicted. There were some suspicious cir
| cumstances in relation to him, but not
enough to justify conviction under the
rule of law applicable to criminal justice.
sTANTON's ESCAPE A MYSTERY.
But it is a mystery beyond solution,
upon any theory of honesty why George
f. Stanton was not indicted and placed
on trial. The statute OF limitations now
| protects him from Indictment, otherwise
| this Court would have held him under
heavy bail for his offense against the
law.
by accident or mistake or by inten-
tion he escaped Indictment. l have care
fully looked at the matter and l cannot
see how any mistake or accident could
| have occurred to shield him. This fail
ure is miscarriage of justice and the
Court must not be considered so weakly
credulous as not to notice it in terms of
diSapproval.
liam forced to the conclusion. Mr.. Boul-
ger, that you were in this fraud from the
beginning. You Were ready to be stepped,
Indifferent or actively criminal. in the
preparation of this offence. You are not
a dishonest man naturally, and you can
be trusted in the ordinary affairs of life;
but so far as this offence is concerned
you were entirely willing to lend your
help to its commission.
1.-The sentence of the law is that you be
imprisoned at hard labor in the State
Prison of New Jersey for term of eight
cen months, and from thence until the
costs of the prosecution are paid.
'In your case Mir. Holderer, you were a
defeat the party principles to which you
pretended allegiance.
WHY HE CoNSPIRED.
''You were selected and placed in this
election board by a Democrat for that
purpose, and you were forced to take the
posi-; ion. The Court will not name
1t, hut you know why you were forced
to take it. The Court will
make this modification. that per-
haps you were induced to 40 iJ by the
nr0mfaQQ held ont tn Won At the aama