The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-10-19
PHSHALL REBUKED
Mountebank Antics in Judge
Green's Court Which
Gained Only Sneers.
WINlIELD'S CONTEnPYuOUS COURSE.
Will Not Notice the Election
scoundrels' Counsel Until He
Has a Status in Court.
Special to the Jersey City Ne,cs.

TRENTON. Oct. 10, 892.-Lawyer Peshall,
the irrepressible counsel for the Jersey
City ballot box suffers, now in the State
prison. found himself in an embarrassing
position yesterday afternoon in the United
States Circuit Court. where he was max
ing argument on his new application for
a writ of habeas corpus for Moschell, Fal-
Ion and Hart, the three principal ballot
box suffers who are making the test
case.
Peshall has made three attempts for
writs of habeas corpus for these men
One was made at the time the men were
tran sferred from the Hudson County
prison to the State prison, which
case was appealed to the United
states Supreme Court, and is
now awaiting argment; the other was
Tor their release. because of the legal con-
tinement, which was denied by Judge
Green; the other before Judge Acheson at
Pittsburg. who refused to consider the
case at AL. because his colleague on the
bench. Judge Green. had already consid-
cred the case. He then came before
Judge Green again, on which argument
was made yesterday.
PRECEDENTs IN THE BIBLE
Prosecutor Winfield, of Hudson county.
and George NJ. Ropeson. were the coun-
sci on the other side. Peshall read for
over an hour his brief, showing the his
tory, force, and general application of
Writs or habeas corpus He made the
statement that 1t was commonly accepted
that habeas corpus had been in effect for
about 200 years, but he said he could
quote case 2,o00 years old. and forthwith
he put mis- hand in his bag and drew from
1t Well-thumbed Bible and opened it,
saying he woald cite habeas
corpus case on appeal He then read
the chapter on Paul of Tarsus before
Festus, When Paul announced that he
would appeal to Caesar. During the read
ing of this lengthy brief Peshall was sew
eral times interrupted by the Court for
the irrelevancy Of his expressions and
citations. Judge Green remarked that
no doubt it was good law, but did not see
how 1t applied i'll this particular case.
Peshall made some uncompimentary
remarks in reference to Judge Lippin-
colt, which Prosecutor Winfield resented,
and before the Judge could express his
disapprovsl Peshall apologized and ad-
n,itted that probably it was not the proper
langage To be used and ne would strike it
from his brief
Judge Green asked him the direct ques-
tion whether he claimed that the men in
the State Prison were taken there by the
order of Judge Lippincott when he said
convey these men to the Stale Prison.
Judge Green Insisted on him giving
an answer, which Peshall seemed to
avoid. Then the Judge asked him what
he claimed in his petition. The Judge
picked up the petition which lay on the
desk, looked at it, and to his surprise,
found that it was the petition presented
to Judge Atcheson at Pttsburg.
NOT BEFORE THE COURT.
he interrupted Peshall and said:-
"This petition is addressed to Judge
Acheson and not to the Court; it is ad-
dressed to him Individually. He has al
ready heard. passed upon it and disposed
OF it, and should certainly be sitting in
error if passed any Judgment on this
petition You are not regularly before
the Court. However, will allow you to
proceed with your brief"
AT the conclusion of Mr.. Peshall's argu-
ment, Prosecutor Winfield picked up his
things, said he had nothing to say because
the case was not before the Court, aud had
filed no petition in this separate applica-
tion. and there was nothing for him to
answer. Peshall ssid that while he had
fled no petition he has acted according to
what was the practice of other States, and
that he must have misunderstood the in
structions of Judge Acheson, and II the
Court would allow him, he would file
separate petition to the Court.
The Prosecutor then left the room fol-
lowed by George Robeson. Judge Green
said he would take Peshal's brief and
consider his argument on the petition
that is to be filed, and that he would ap-
point time when Prosecutor Winfield
would state his case.