The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-13
!: \ I I R 4 !! !!
PHSHALL'S BAD DAY.
Mr.. Winfield's Scathing
Comments on His
Course in the
u. S. Court.
Special to the JERSEY City Mems


TRENTON, Jnly 1s. 1s92.-There was an
interesting group of prominent lawyers
in the United States Court this afternoon
to hear the argument made to vaeate
the appeal of Moschell, Hart and
Fallon, the three ballot box suffers
now in the State Prison. Prosecutor
Winfield. of Hudson County, ex-Secre-
tary George M. Robson, legal represen-
tative of General Grubb, Lawyer G. j.
Psshall aad Senator Hudspeth. represen.
tatives of the ballot box suffers.
Among the interested spectators were
Captain John Graham of Jersey City,
who took a leading part in the prosecu-
tion of the conspirators. and Henry Stat
ford Little
by reading the testimony taken by
United States Commissioner Linsley
Rowe to sustain the suspicion
of the Court that the aff1davits in the
habeas corpus cases were made under
conditions that did not show W
that the men were restrained
of their liberty. The aff1davits
showed that Notary Fisk was summoned
to the Jail to take the affidavits, but that
he had to wait several hours until the
men came in off the street. Judge
Lippincott called at the Jail and was
informed by Doorkeeper Mauley that the
men were not there. Manley. in his testi-
mony. admitted that he lied to Judge Lip
pincott.
Prosecutor Winfield then addressed the
Court at much length. He stated that
the evidence showed that the men were
not in jail as prisoners. If In Jail
at all, they were as Jailor Davis
guests and were treated as such. He
denounced c. ]. Psshall's legal tactics to
ahstruct justice as unusual, I'M
professional and abhorent ''The
man who has SO far saved Hallinger''
said he. sis the guide, philosopher and
friend of the ballot-box suffers" This
action taken was based on falsehood
and should be stricken from the rolls. It
was palpable imposition on the Court.
Lawyer Pesha1l spoke for nearly an
hour and much of the time was occupied
explaining the Interpretation Of habeas
corpus as made by Federal authorities.
There were frequent references made to
the great act wrung from King John.
Judge Green told him he wanted in
formation only as to whether the Court
had been deceived by the state
ment made in tie petition. In re-
turning to the point Peshall observed
that these men were sent to State Prison
nine hours after the Judge of the Court
had signed the citation. They were rail-
roaded away; They were no ordinary
but many Of them were born in
the town in which they lived. They
ers and rrandmothsrs and sent
to be disgraced. Many of the men
now engaged in prosecuting them, are
holding Office by the very crimes these
men are convicted OF.
At this point Prosecutor Winfield
leaned over to General Robson and sal d
1T Is about time that this was st opped.
General Robeson in replying to Peshall
said that the lawyer who attempted on
false promises to use the mightiest of
writs was playing with edged tools.
The afldavits, he insisted, were not only
false technically but designedly too,
and all the parties ought to be
punished for perjury. The men
were deliberately kept from the
Sheriff. The proof that there was con-
spiracy to defraud was shown by the fact
that the men were not sworn
until a few hours of midnight. He
def1ed Peshall to show how these men
were restrained from their liberty in
any way. They dropped into the Jail
and signed the papers and took matters
easy. fully conscious that they
were under no restraint. 1t
was concocted scheme to
defraud the Court. and that was all that
could be made OF it.
The Judge will render a decision in a
few days,