The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-04-05
VHRTS FIRST CHARGE.
A Lively Presentation of
the Law to the April
Grand Jury.
NOTABLE CASES OF THE TERM.
Judge Knapp's Picture Hung in
Contribute of
Eloquence.
NOTABLE CASES OF THE TERM.

morning in honor of Judge Wert's first
appearance as Presiding Judge of the
Hudson County Circuit Court on the first
day of the term. The "scales of justice"
was constructed by Register George B.
Fielder aud the boquets by old "Pop"
Cook. To the left of the bench resting on
an easel was the yelled portrait OF the
late Judge Knapp which was ordered
painted by the Hudson County Bar AS
sociation.
The room was filled with lawyers. all
of whom appeared anxious to see how
Judge Werts would open court. With
out mentioning by name the members OF
the legal profession present. it is not out
of the way to say that every lawyer In
the county who could be present was In
court. There were a dozen Judges and
ex-Judges, an ex-Chancellor and an ex-
Governor and scores of others who have
made their names known in their profess
sion from one end of the State to the
other. And then, too there were several
lawyers present, who when court opened
last term were but law students. To them
the proceedings were of very great in
terest.
P. r. R. CASE.
The calendar this term Is very large,
and perhaps the most important case
upon the list of Circuit Court causes Is
the series of suits of eleven property
owners against the Pennsylvania Rail-
road Company for damages. This is
really but one case. but it has made
eleven separate suits. The plaintiffs
are:-Martin Costigan. Laurence Regan,
Ellen Cronan. Bridget Tracy, Michael
Corcoran, Patrick Rooney, Bartholomew
Conlan aud Kate Herbert. They all
own land abutting on the
raised yard that leads into the railroad
depot. and they claim the vast weight of
the filling in has caused their property to
sink, and otherwise has damaged them.
Randolph. Cond1t & Black are the atior-
news for the plaintiffs, and Vredenburgh
& Garretson represent the Company.
JAIL CASES.
The important Jail cases are the persons
accused of homicide. They are Arthur
Stocker; Patrick Mulvihill. who pleaded
guilty to mRnslaughter, but whose plea has
not been accepted by the Court yet;
Henry Bayliss, who stabbed fellow
hoStler to death at Gutenberg; Margaret
Dohn. who, while insane, threw her child
from window. and George Creech who
killed John Smith on canal boat.
COURT OPENS.
AT ten minutes before eleven o'clock
the Grand Jury entered Court and at the
same time Judges Werts. Lippincott,
Hoffman and Kenny took their seats on
the bench. After the Grand Jurors were
sworn iu Colonel E. A. Stevens asked
Judge Werts to excuse him. He said
that he was a Martin Act Commissioner
and also that he was Grand Juryman
fifteen months ago. and that the pressure
of his business was too great to permit
him to serve again SO soon. His request
was granted.
JUDGE wERTs' CHARGE.
Judge Werts addressed the Grand Jury
as follows
"GENTLEMEN OF THE GRAND JURY
Having been duly impanneled and sworn
your body is thereby constituted branch
Of the Court and most important factor
in the administration of justice in this
county. Upon your action depends pri-
marily, and almost entirely, the inforce-
ment in this community OF the laws
against crime and immortality. The well
fare Of the community and the security Of
the life liberty and property of the indi-
vidual are committed to your keeping
If. for any reason you fail in the proper
and fearless discharge of discharge OF
your duty, CRIME, immortality and law
breaking must go unpunished and unre-
strained, The inevitable result will be
defiance of law and contempt of consui-
tuted authority. The evil consequences
of such a situation are self evident and
require no recital
1.-THE correct idea of your functions
gentlemen, is well defined by the oath
you have severally taken: You sit on
behalf of the State to consider OF criminal
offenses, alleged by it, to have been COM
mitted within this county. You are to
make diligent inquiry-that is 1nvestiga-
tion-of all matter given you in charge
by the Court, or presented TO your atten-
tlou by the prosecutor, or that may come
to your knowledge in the course of your
4 Hon ar of Mt
YOU or that may be within your know
ledge or disclosed by your associates.
An Indictment should be presented in all
proper cases regardless of person or con-
sequences, but the citizen should not be
subjected to the annoyance and humilia-
tion of an indictment on insufficient
grounds, consequently you cannot act on
an idle runor or mere hearsav. Your
action In presenting an indictment should
be based upon matter true OF your own
knowledge or upon facts sworn to be
within the personal knowledge of wit
nesses produced before you.
RULES OF EVIDENCE.
rIn making your Investigations you
have right TO receive all legal evidence
that will throw any light upon the mat
ter under consideration. You should not
however, as a rule (and perhaps not at
alD. receive evidence offered specially to
prove the innocence OF the accused; nor
SnOulu you AuAO - oAAoA Vi WV iASiioo VI
the case in order to determine by weigh
ing OF the evidence the guilt or innocence
of the accused. That is the province of
another forum. If from the evidence
before you it appears to your satisfaction
that q prima facia case exists against the
accused, that upon such evidence unex-
planned and uncontradicted verdict of
guilty would be warranted by traverse
Jury, then in compliance with your oath
without envy, hatred or malice. unde-
tered by fear and uninf1uenced by favor,
affection, reward, gain or hope thereof, 1t
is your duty to present an Indictment.
"Since the discharge by the Court of
the Grand Jury next preceding your body
two cases OF homicide have occurred
within this county that Will properly de-
mand your investigation. One is that or
a woman alleged (and probably correctly
to be insane, who, 1t is charged, caused
the death of her infant child either by
throwing it from the window or by jump
ing from the window with the child in
her arms. The other case is that where
Ole tnau is alleged to have assaulted an
ether with an axe or club or some other
weapon"
CLOSING WORDS.
Judge Werts next touched on the Vio-
latiou OF the law against liquor selling.
and on the existence of policy shops
These latter he said, were public nuts-
ance, and any person engaged In running
them was indIctable for mlsdemeanor.
lie said allegations of pool selling or book
making on horse races were likewise sub
isct TO Investigation by the Grand Jury.
II carried on by a corporation, he said,