The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-03-30
DR.. Pangborn Remembers Hardly
Anything About the Letter He
Published in the "Journal.

Noonan told the jury that Mr.. Noelke
had been indicted for criminal libel.
founded on allegations in a letter Mr..
Noelke had signed and caused to be pub
lished in the EUcnfng journal April IL,
1890 The letter was as follows:--
Editor Of the Jotrnal:-
In support OF your article in last evenings
paper can say that came n the conclusion on
tuesday last that there were some Republicans
IN the Third district who did not care to see Mr..
Perkins elected. Although personally went TO
over one dozen precincts, could not hnd Per-
kns paster anywhere. In plac.s, o. them 1
found any number Of the enclosed ucketsi-
Third District
For Mayor,
Orestas Cleveland.
For Member ofthe Board Of Aldermen
Simeon II. Smith.
For Justice Of the Peace,
William A. Bickwell,
Frank T. Lockwood.
For Constable,
John Kelly
And learned upon inquiry that some MEM
bers of the John Watt Association had brought
them around In the evening there were not
watchers enough. had to keep tally besides
watching the reading OF the tickets at the
Twelfth Precinct, Third District. The reader,
Mr.. Anthony Dwyer, Jr., had a convenient way
of jumping from nnavor to just Ice of the peace
and skipping the alderman in quite number OF
instancesl The Republicans. who should have
been at the polls seeing that as full vote as pos
sible was brought out, kept out Of the rain.
IOuTS
CHAss D. ]. NoEIKE.r
After reading the above to the jury, the
Prosecutor said the jury must take into
consideration that at this time there was
much political excitement, the result OF
Senate Investigation, and that apparently
Mir. Noelke concluded that every election
officer was a ballot box stutfer. That
while undoubtedly some were ballot box
suffers, it would hardly do for every
man to be classed as such.
EXPERT TESTIMONY.
Doctor 2. X. Pangborn was the first
witness called. He was not certain OF
-anyIhing except that the journal pub
lisned the alleged libel
"The communication came to me per-
sonally Ithink-Iam not certain. In cases
like this, communications that are signed
are pretty freely published, but when not
sigued they are not. My impression is.
but | am not certain, that Mr.. Ncelke
handed the communication TO me per-
scnally."
"Did Mr.. Noelke request you to publish
the communication 2" asked the prose-
cutor
my impression, although l am not
certain, is that Mr.. Noelke did request it.
That is all know Of the matter, Com
munications like this one are usually
taken care of by the managing editor
nv son. He has tried to find the original
manuscript, but failed TO discover It,"
ELECTION OFFICERS TESTIFY.
In the Twelfth precinct OF the Third dis
trict at the April election, 1890, was the
next witness. He testified that he had
conversation with Mr.. Noelke after he
had been served with a subpona in the
case He said Noelke began the conyer-
sation and declared ne had not intended
10 slander anyone, that the letter was
not tor publication aud that someone
else had caused it to be published.
Israel Jacobs, the Republican inspector,
lat Il. ryaaxu nnfhlnU a
matter, except that the count was fair
and proper one.
The complainant, Anthony J. Dwyer.
Jr, succeeded this witness. II was the
judge Of election in the Twelfth precinct"
said Mr.. Dwyer. II met Mr.. NoelKe
three or four days after the publication Of
the article, and l said to him:--'Noelke,
what do you mean by putting my name
in that paperf Pll give you chance to
deny it, and If you don't I'll make you.
Why didn't you say all the Election
Board had committed fraud, and not
make me the only thiefY
Witness continuing satd:-"Mr. Noelke
looked at me and then slowly drew
cigar from his pocket, placed II IN MS
mouth, remarking at the same time,
We'll, you are a ballot box stuffer, any
way, and then he Jumped on passing
street car"
Ex-Judge Rankin began the cross-ex-
animation by wanting 10 show, If possi-
boards before that had been viewed with
suspicion. The Prosecutor objected, and
the Court declined TO permit ex-Judge
Rankin to proceed in that manner, and
that closed the cross-examinatiOn.
Prosecutor Winfield announced that |
the State rested and offered IN evidence
the copy of the journal containing the |
alleged libel.
Ex-Judge Rankin excitedly objected to |
this aud made a ten minutes stump |
speech. Judge Lippincolt allowed the |
paper to be admitted as evidence.
THE DEFENSE.
When Mr.. Noelke, in his own behalf, |
took the witness stand, he said: II was |
present at the election in the Twelfth |
precinct of the Third District. was one
of the committee of watchers appointed |
at the Tabernacle. Dwyer read the tick |
cts and l stood Immediately back Of him |
and followed the tickets as he read them. |
After the candidate for Mayor was read |
Dwyer skipped the name of Alderman |
(Which was Simon II. SMITH 10 that of |
Justice Il the Peace. l called his atten-
tion 10 this and he made a correction and |
said "excuse me, l made a mistake"
{ Or cross examination the Prosecutor ask |
ed Mr. Moelke if lie knew who wrote tn |
letter for publication. EX-Judge Rankin |
objected ,and the court sustained him, say |
Ing the defendant could only be cross ex- |
alnined rs witness. This closed the |
case for the defence, and the State re- |
called Dwyer, who said:-"Mr. Noelke |
aid on half dozen occasions cali my at |
tention to skippipg the alderman. In |
each each | showed him that none |
mad been scratched off," Patrick Cronan,
q watcher, said after the court was over, |
arm glad you boys were honest"
Stryker and Jacobs were recalled, and |
they testified that they heard Noelke OBJ |
ject to Dryers skipping the name OF al /
dermap. aud that when Dwyer showed |
the haIlot to Noelke it was scratched in |
eyefy case.
Counsel summone d pand the case was |
- stitch 81 tir,e i ra. rllu md lf Won taka