The Monitor., 1891-08-14

in and out OF tie stream as otteh AS tiicit-
nation or necessity may sus gest.
On recent Saturday VIC passed Brad.
way station where the cars made a halt
long enough to take in a view Of the most
motley and peculiar crowd we ever laid
eyes on. 1t was the Jewish Sabbath and
the Jews were at their best. But such
crowd, All sorts OF costumes, every var
iety of size and color, and every Kind OF
jargon, went to make up the most monde
script collection of persons we ever bebeid.
These Jews, however. are making some
portions of ''the barrens''to blossom as the
rose and will ultimately bring a great
deal OF taxable property in the market. and
may not after all be the unmixed evil COM
ponent part Of society regarded BY some
Charles F. Filler is a well-knoHn young
man who comes from a respectable Salem
County family and should know better
than to do as he has done in the past. His
mother is now dead and his father has been
for some years out west and il now seems
as though the poor fellow has but few
friends, and society, always hard and ex-
acting when judging Others, says be deserves
but few He was born IN the year 1860 iR
Salem county just over the Cum
berland line, in q school district known as
Long Branch, and almost in sight of the
place of his birth began his first course OF
the down ward grade of ruin.
Filler vas sentenced TO the State Prison
from Salem County in 1882 % two years.
While he was serving this sentence be was
indicted by the Cumberland County Grand
Jury also in 1882 Upon the expiration of
his sentence frem the Salem Judge, ne was
taken before the Court OF Oyer and Ter
miner in Cumberland in October 1884,
where he plead guilty to the two indiot-
ments of forgery that had been found
against him in 1882, and the sentence was
suspended. In 1885 he was convicted of
breaking and entering under an indictment
By Gloucester County grand jury, and
sentenced to four years in tie State Prison.
From this sentence Filler had 312 days
remitted for good conduct After his re-
lease he was arraigDed the second time
before the Court of Oyer and Termirer of
Cumberland Cou nty, and sentenced to an
indictment to which be had pleaded in
1884, to twoyears in the State Prison. This
was in 1899, and he was given remission
for good behaviour of 132 days on this
sente nee, and lie would have, therefore,
been discharged on June 18th last, but for
the fact that under the statute the 312 days
that had been remitted for good behaviour,
Oh the sentence received from Gloucester
County has been added, and unless he is
taken out under the present writ, lie will
remain in prison until April 10, 1892.
Argument was held lately before Judge
Scudder ou habeas corpus proceedings to
effect Filer's release from prison. II. n.
Barton appeared in behalf of Filler and
William Y. Johnson represented Attorney
General Stockton for the State. Mr.. Bar
ton claimed that the petitioner should be
discharged because the reason assigned for
his detention does not fall within the
act claimed Assistant Attorney General
johnson, for the State, claimed that the
act under which the State Prison authori-
ties remitted a sentance was unconstitu-
tional, because it in effect pardoned a
man and the Court of Pardons only had q
right to do that. Therefore it interfered
with that holy and the Legislature had no
right to pass such law. This is the first
case of the kind that has ever occurred in
New Jersey, and several nice legal points
are involved. Several authorities on the
subject in other States were quoted. JUS
tice Sc udder took the briefs in the case and
said that as the question was such an I'M
portant one be would invite Justices Depue
and Van Syckle to sit with him in consid-
ering the evidence. and lie would render
the decision as soon as possible.