The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-08-12
THE JUDGES DISAGREED.
SENTENCE ON THE BALLOT Bo1 sTUF-
FERS POSTPONED.

A Remarkable Scene .. the Hudson coanty
Court House-Judgo Lippincott and Judge
Kenny Unable to FIs the Puuishuaent.
Seventeen Jersey City ballot-box suffers.
some OF whom had been convicted and some
who had pleaded guilty. were nrraigned In the
General Sessions Court yesterday for sentence.
They were not sentenced. however. as the law
Judge and the lay Judge were unable to aRree
upon the punishment that should be melted
out to them. No such scene was ever before
witnessed in the old Court House. Judges
Lippincott and Kenny took their seats on the
bench at 10 o'clock. At that time every seat
in the court room. except those In front re-
served for the defendants. was filed and the
aisles we're crowded back to the doors.
Judge Lippincott asked Clerk Heany for the
list OF tho prisoners. The clerk handed It to
him. and the Judge called out the names. d.
recting each man as he answered to take a
seat In the front row Of benches. The list
comprised John 8. DAILY. p. ]. Mahoney. M
thantel Fowler. James II. Jordan. William 4.
Reen. Theodore Schultze. John Farrant,
Thomas Nelson. Charles Scott. George Heller.
Charles Carr. William Sweetingham. r. de
Huybeter. Lawrence Costigan. Michael
Hughes. James Seaman. and Michael Cassidy
Hughes and Seaman did not answer. and
Judge Lppincott directed constables to go
atter tnem, out DeIOTe the COnSuHDleb got OUT
OF tho court room the men appeared.
Judge Lippincott asked District Attorney
Winfield II he had anything to say In relation
to the case OF tho election officers OF the
Fourth precinct. First district. who had
pleaded guilty. Mr.. Winfield said there was
the same evidence OF conspiracy In that case
as in the others. but the frauds were not SO
extensive. Judge Lippincott then asked II
any citizen had anything to soy in behalf OF
tho defendants The Court, he said. had re-
ceived numerous letters and petitions and
had been spoken to by a number Of people, but
he preferred to hear such appeals In open
court John Cagney made voluble appeal
for Lawrence Costigan. He is Costgan's
bondsman. The defendants were called in
turn and asked II they had anything to say.
Seaman was the only one who responded.
When his name was called he stood up and
said something that Judge Iippincott could
not understand. The Judge invited him inside
'"' Sef tei us what you hnvo to say" said the
Judge encouragingly.
Shaking his fist ut District Attorney Win
field and trembling with excitement. Seaman
There may have been wrongs committed.
nyea y t daaF.
S vent basf sS Sha cn with his S"vs Seaman
Oh Charles ii. Scott made 4 personal appeal for
mercy. He said no had lived in Jersey City
for more than half O century and had never
been accused Of any crime before He had
pleaded guilt he said ashongh not SG1iEnEYEd
was technically guilty for having signed the
deie ndHl He said: Tho counsel i in these
cases have had to meet PUBLIC o n which
seer and under the ban q tie relation Of
That conspiracy was tho preparation Of the
Joker ballots. The extreme zeal displayed
criticism. That Zeal and warmth were found.
ed on the fact that many Of the defendants
who were e,s sennected or who pleaded guilty
Some OF the people in the court room burst
out into oub APPLAUSE us Wheh Mas rG9mpt
directed the court officers to remove anybody
who repeated it.
Continuing senator Hudspeth s said that the
officers guilty whether they had any knowl-
Judge DAILY made an earnest and pathetic
appeal for mercy. He burst into tears and
some Of the defendants cried with him in SYM
Judge Liprincott and Judge, Kenny retired
to their private chamber to hold copsulta-
fen lend We're in custody. This was under
soas At t e"e end To @
Judges returned and took t their seats upon
the bench vas evident from their looks k
spirits Of the defendants rose US they realized
that they wore to have another lea 20 OF liberty.
e saa is OF the
duty Of the Court to pass sentence on the con-
said BY the Court in relation to these matters
that 1t would seem UNNECESSARY to make q
single further The he
acquainted c1 With it. 1t has been disguised in
every phase. There is the unparalleled record
~ 1, 10 lin nriF nirnN atnok
| the rights of the citizen and the indeible dis
graG%% wrought " by its PernetrJat%rs; ,o,
the law in bringing these men to Justice: OF
the signal ability of the Prosecutor Of the
' med its 81 sc
| order as to bring about conviction and the
yindication Of the law against this offence:
I'VE are not unmindful that the remaining
county further litigation and expense The nc,
Court is reminded also that this was done with
@t tE nf o th tho
Court has been forcibly minded 4 hat defiance
was the. rule even after the decision of the
s s With the approvs Of honest MON mn t
the end OF these. prosecutions. We have the
right to hope for beneticent results from them.
look into the iace Of lis fellow Citizen com on
eanality and that 3 ana before tho inv he IS
Judge Lippincott then said that. owing to a
disagreement between himself and his col
league Judge kenny. no sentence could be
pronounced.
Judge Kenny delivered mn address which
| created sensation. Hc said: -" simply de-
siro to say as tho associate Of Judge Lippin-
colt, possessing equal rights. GGual powers.
aud equal privileges. that whlle l sit hero as
lay Judge. and rs his associate. no man shall
ever Lee prosecuted. no matter what the offence
fairly ~ Jury of his peers. and. 4 found
meted out to him in accordnncre with equity.
law. and justice. Neither public fcnr public
clnmor. nor public sentiment shall ever influ-
ence my acts ono single jot.
1T Is truo that my associate and myself can
not agree as to the punishment to be imposed.
] have a right to my ideas. taking all those
things into consideration. Just ms we as Judge
Iippincou; hnd, no fault with him. ! am
made it a study for forty years perhaps as
closely ms any man in this city or State. and
when / act upon anything as lay Judge sit
ting bore l think an, fairly yersed IN the du-
ties have taken and in the laws Of tho State
~ suppose that in the mean time where
that that hail will stand until Judge Hoffman