New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-14
JERSEY CITY BALLOI-BOX SUFFERS.
LAST DESPERATE EFFORTS TO SAVE THREE OF
THEM FROM THE PENlTEETIARY.

LAST DESPERATE EFFORTS TO SAVE THREE OF
THEM FROM THE PENiTESnARY.
Trenton, July 10 (speciaD -Prosecutor Charles Il
Winfield, OF Hudson County, ex-secretary George u
Robson and Charles j. Pesha appeared before Judge
Green this morning, and argued the motion tor 3
rule to show cause why the appeal taken BY Peshau
from Judge Green's decision In the application for .
whit OF habcas corpus for the Jersey CITY bauotbox
suffers should not be vacated. The courtroom was
filed with lawyers who were anxious to hear what
Mr. Peshall had to say 10 the charges Of fraud 1,
securing the aridavi,s. Prosecutor Winfield read 70
the court the testimony taken At Jersey City %
Saturday last In order to show that the aifdasts upoa
which the application made we're intended U
deceive the court.
u. W. Fish testified that he had been sent Tor b.
Robert Davis, the Iailer, 10 come 10 the Hudson
County Jail and take the aifdavis Of the four men,
Mcsc helle Fallen Hart and Durancy. He arrived
at IL O'Clock, and took the adavits Of Hart, Fallen
and MOschclle at ~ o. Durancey did not arrive,
The men were not In cells, but In the dining. room.
The testimony Of Sheriff McPhillips, Henry Hanley
and Judge jacob II. Lippncot showed that whole
matter had been scheme TO get the airdavits IL
order to make the applications. Davis, II Is alleged,
was back OF the scheme and hid the men In the jan
while Sheriff Nc Phillips looking for them on the
outside. They not confined In cells, and entered
the jail their responsibility. Prosecutoi
These had been convicted, their cases had
gone all through the superior courts, and a final
dccrec adverse to them had been handed down.
Further contest was Necessary In order keep them
out OF prison, and tactics were cS0rted 10 which,
although successful In certain case members u
the bar Will look upon "a unusual, unpr0fcssionai
and abhorent. Before applying for writ OF habeas
and In order 10 do this the men we're secluded In
jail ut midnight. How were they In iailas prison
ers guests OF Robert Davis the lailer There
Is nothing IN the records and Davis had Authority:
therefore they must have been guests. This was
part OF the scheme. and was pretence to put tho
Hall an hour after they had walked into the Jau
their afidavits had been taken. Every man as
sstng In II knew that II was a fraud The sheriff
did not know where the men were. Davis had no
authority o. take the men, Us they should have ap.
peared In court. Therefore submit that The whole
application was falsehoOd from beginning 10 end,
and imposition on the court
Mr. Peshal in reply, held that no actual confne.
mont necessary. but that II II was the men
Ind all been confined In the jail from IL O'Clock on
Wednesday night until they sentenced . state
Prison on Friday. lie claimed that IL there was any
unprofcssionnl net it on the part OF the Hudson
County authorities In Gischargtng the writs issued bv
Judge Green Mr. Pcshall further concnded that from
the time the decision handed down by the Court Of
Errors and Appeals the men had virtually been deprived
II their liberty although not in actual confinement
and Mr. Robson reviewed the pro- eedings declaring
that the lawyer who attempted 10 deceive the Fed
eral Court IN snch high habeas corpus was
foong with edged tools. Judge Green will nve q Do
cision soon.