The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-28
GROSS DECEPTION.
U. S. Circuit Court Judge
Green Denounces Pes
q hall and the EleC-
tion ConvictS.
THEIR INDICTMENT PROBABLE.
The Federal Grand Jury to In
vestigate the Conspiracy Of
the Habeas Corpus APP
plieation.
No Authority in the Court How
ever to Dismiss the Suffers
Appeal-Winfeld's Mo-
tiOn Denied.
THEIR INDICTMENT PROBABLE.
Special to the jersey city Ne,u.,


TRENTON, July %. 1Ss2.-Judge Green
filed this morning in the Uuited States
Court his conclusion upon the motion of
Prosecutor Winfield of Hudson county
and George M. Robeson to strike out the
record in the appeal case of the three
ballot box suffers. The suit is that of
Thomas ]. Fallon and it carries into 1t
the cases Of Moschen and Hart.
Judge Green finds that the court has
not the right to strike out the record. and
the case must remsin in the United States
Supreme Court where it was taken by ap-
peal. The Judge has filed long opinion
in which he severely denounced the de-
ception practiced on the Court. The his
tory Of the case is recited at great length
for the purpose of showing that the evil
dence is clear that the msn were not in
Jail. and restrained of their liberty as
they complained.
GROSS FRAUD.
The Judge says:-
Upon these facts, about whi ch there
seems to bs no serious dispute, the Court
cannot resist the conclusion that said ac-
tions of the petitioner and of those who
were aiding him clearly show an inten-
tion on the part of the petitioner
to hinder obstruct and per-
vert the administration of the
law; that the application for habeas
corpus was mere pretence. the sole pur-
pose of the proceeding being to obtain a
stay as result of appeal, and the more
fully to accomplish this end the said petit
TONER reserted to deceptive and false
measures for The purpose of misleading
and deceiving this Court.
IF the question of the deception thus
practiced were the only question in this
case, there would be but little trouble in
dealing with the motion to strike these
papers, conceived in fraud of justice and
saturated with deception from the
files of this court. Every court
has a right to demand that its
suitors shall deal with it fairly
honestly and truly. Forfeiture of right
should be the penalty for deception, as
fraud crumbles the seal of every con-
tract. 1t taints into nothingness and de-
stroys the binding effect OF every agree
ment, procured by it. So should every
order of court attained by deception at
chancery be stricken ignominously from
its file as void.
LACK OF POWER.
"But unfortunately before this motion
was made in this case, the petitioner had
taken an appeal to the Supreme Court of
the United States. Uadsr the statute
which granted him that right, that ap-
peal in the opinion Of the Court removes
the cause and all the matter connected
with it from the jurisdiction of
this Court. The appellate court
is now vested with jurisdiction.
over the cause and it alone. This Court
is powerless in the premises. and SO with
great regret. and with the feeling that a
great wrong has been perpetrated upon
this court by the action of the parties
concerned it becomes its duty solely from
wcut of power TO deny the motion to
strike these papers from the files. That
matter must be presented to the highe r
courts, where the cause is now pending
for its action.
Ii may De, however, an imperative
duty. and one which will be certainly
taken into consideration to present all the
facts in this case to the next Grand In
quest summoned TO meet in and for the
District of New Jersey for their proper
inquiry whether conspir acy was not en-
tered into in this case for the express pur-
pose of thwarting and embarrassing the
administration of justice in this jurisdic-
tion.