The Jersey City news., 1892-01-11

place. l. consisted of all sorts of people.
men, women and children.
Justice George T. Seymour swore that
ne never went to Cron heim's on Sunday,
and tive Honoken people smised broadly.
Alfred Leyman, Max Driessen, Harry
H. Bach. Louis Phillibert all gave cor.
roborative evidence as to the disorderly
character of the place, and PoIics
captain Hayes testified that on
formance there. He saw no women in
tights, but all wore skirts below the knee.
de saw many in the audience drink beer.
he went there to obtain evidence against
the place.
JUDGE LIPPINCoTT's REMARKS.
This closed the case, and Counsellor
Ahbett renewed his application to admit
Cronheim to bail.
Judge Lippincott, after reciting the
facts in Cronheim's case, siid:-
III appears that the facts show an
aggravated case of criminal conduct and
defiance of law. The evidence here is
ample to secure an indictment. None
nave been found or presented. although
be matter has, as ] am informed, been
aid quite fully before the Grand Jury.
VI course, cannot be acquainted with
he evidence laid before Them and cam
not and have no right now to criticize
their action.
"A ulSOiucTiv uOuSe, ua2raDLly Vl0Ia~
i've OF the good order of the community
md demoralizing to the good morals of
ne public Who may chance to live about
u or come in contact with it, is severely
denounced by the public law, and it is
nigh. y essential that when such charges
are maie against anyone that an indict-
nent should pi esented, to the end that
the nuisance should be abated, il it exists,
or the defendant acquitted and indicated
II he be guiltless.
1T is equally clear that these ends can
not be accomplished by the Courts how
ever vigorously they may attempt to en-
force the law, II no indictment be pre-
sented. 1t might as well be distinctly
understood by the law abiding citizen,
and all those interested in the preserva-
tion OF the peace OF the State, that tho
courts of law are absolutely and utterly
poweriess TO enforce the criminal law and
punish the criminal unless the Grand
Jury presents an indictment as a basis
for such enforcement or punishment.
"And again it might as we'll be under.
lerstood that under the law of his State
there Is no method by which the Grand
Jury can be compelled 10 find an iudct-
ment. The Grand Jury is absolutely mas
ter of this subject; responsible to no
power save only their own consciences
and public sentiment, and 1t must be left
to the citizen acting in his sovereign ca
Dacity to correct the abuses. il any exist,
by placing officials in power who Il
summon Grand Jurors who have an ou..
nest desire to perform the duties of their
official station according to their OATH -
office and the law of the land.
THE PEOPLE SHOULD KNOW.
II am moved to make these remark
because think the public should under.
stand that complaints made before this
Court are no more efficacious In brir gng
offenders to justice and forcing this GRIM
inal law than when the complaints are
made before any of the Justices of the
Peace Of the county.
"The Court must at all times under the
law perform its duty. and it is at all times
ready to do It. yet we can only exercise its
powers under the law; we can exercise no
arbitrary power and we have no right to
indulge in any excess of power.
Punishment can only be imposed upon a
criminal offender after Indictment aud
conviction, and am forced to the con-
clusion that no benefit nor advantage la
preliminary apprehension except 1t y
render the fact more noticeable and
il wider publicity.
MATTER OF RIGHT.
"The question here presented to nfe rs
10 my action upon this writ Is one or legal
duty under the Constitution of this Slate.
am not permitted todetprmne the guilt
charges made against the defendant; thai
only can be done by the court and petit
jury after indictment.
"The Constitution In this State, In Ar
ticle /. clause 9. provides that No person
shall be held TO answer for a criminal Of
fense unless upon a presentation or in
dictment of the Grand Jury
'In the same article, clause 10, it is pro-
vided that all persons shall before con-
viction be bailable by sufficient sureties,
except for capital offences, when the
proof is evident or presumption great"
SIN the same articles use Is, 1t is pro-
vided that excessive bail shall not be re-
Quired' There can be no question
here but that the offense charged
against the petitioner is one which
after, - proper consideration re-
quires the acceptance of bail
with sufficient sureiies. No circumstances
Of aggravation Of the offence or continue
ance of it can relieve the Court from the
commands and 1nhibitions OF the consti-
tuition. They must he obeyed.
81 have determined that the petitioner
NAV he admitted to bail in the sum of
$40 900 for his appearance during the
present term of the courts of the county,
to answer any Indictment which may be
presented against him."
BAIL FURNISHED BY CHARLES COHEN.
Charles Conen OF No. 224 Washington
street. Hoboken, gave the required bail,
and Cronheim was permitted to deDart
for his theatre. As he left the courtroom,
Cronheim turned TO Constable Wise, who
had twice arrested him, and said. Good
bye: suppose will see you again next
Sunday"