The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-05-09
THIS OFFICE IS ROTTEN
Mr.. W1nfield's Scathing Re-
buke of the Sheriff'S
Neglect in a MUIR
der Trial.

Through the laundering omissions of
someone in the Sheriff Office the trial of
Patrick Mulerhill for the murder of Pat.
Deboer. an old man employed as city
lamplighter was brought to a sudden
close in the Court of Oyer aud Terminer
this morning, and Prosecutor Winfield
raised the q uestion as to whether the pro-
ceedlngs as far as they had gone were
not void.
The prisoner was brought into Court
shortly after ten o'clock, He is a pale
young man with a small moustache, and
he did not look the vicious individual the
charge made him out 10 be. He sat be-
side his counsel, Judge Noonan and ex-
Judge Hoffman. Shortly after he was
Court the mute evidence of the crime.
They were broken step ladder and a
huge boulder wrapped in brown paper.
and they were received with curiosity by
the spectators.
CALL FOR JURORS.
In the call for jurors Prosecutor VIM
field, in challenging. asked the question
whether the prospective juror lived in the
Fourth district. If he answered in the
affirmative he was excused. Judge Moo
nan discovered that one of the jurors
called was a relative, and he SO informed
tu6 COuTt, duu uo WAS oACuS5u lTOm S6Et-
ing by the Prosecutor. The first juror
secured was Ernest Fackeru, an elderly
man.
Ex-Judge Hoff man next found that ten
of the names drawn from the box were
not on the printed list of jurors, and
asked the Court permission to deduct
them from the defence's list of challenges
which was allowed by the Court.
John J. Headden, Jr.. juror, was
challenged by Judge Noonan. He said
he had read about the case, formed an
opinion and expressed it. 1t was unfavor-
able to the prisoner and he was positive
that no evidence that could be adduced
thought that any evidence favorable to
the prisoner would be perjured. Mr..
HeaddeD was excused.
Finally the challenges came so thick
and fast that the list was exhausted.
Prosecutor Winfield said, "There have
have not appeared in Court. do not
know whether the Sheriff has notified or
excused them. Perhaps it would be well
to send for the Sheriff"
Under Sheriff "Jerry" Maher came into
court and Judge Werts asked him how it
happened that only thirtY-six out of the
list OF forty-eight jurors had answered
their names. He said that all of them had
been notified to appear. The following
jurors had been secured: -Endest Fackert.
John ]. Wanuer, Charles Humid, Will
liam Munzing. Michael G. Manning.
George Sheath, Michael McNeil, Emanuel
Sands and Lewis e Wood.
GROSS NEGLECT.
Prosecutor Winfield then arose and
said:-"If 1t please the Court, am satis-
fed that the Sheriff has not notified the
men who were drawn on the panel.
About dozen of the forty-eight jurors
have been excused from day to Gay since
the opening of the Court, and
as copy of the list of jurors has been
served on the defendants counsel 1t is
question in my mind IL the proceedings
thus far are not void. The Sheriff has
simply not notified the men drawn on the
panel"
The proceedings were brought to sud-
den stop. The Prosecutor suggested that
Constables be sent to notify and bring
the other members of the jury into Court.
The defendants counsel thought well of
this suggestion, and Judge Werts ad-
journed Court until one O'Clock to allow
this to be done, and the prisoner was
brought back to the Jail.
Az quarter past one o'clock Court
was again opened. After half dozen
names had been called and no answer
made John II. Voorhees, answered his
name. There was no objection raised,
but the Court excused him as he
said that his duties as a
Boulevard Com missioner required his at
tention. Oliver Ell. Perry answered to his
name and was accepted as the juror.
Gustav Hauser, wealthy Hobokenite,
made the eleventh.