The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-08-18
PESHALL KNOCKED OUT.
U. S. Judge Acheson Re-
fuses to Release the
Ballot Box Stuff
fers.
THEY ARE RIGHTLY IMPRISONED.
Besides the Judge Has No Jurisdic-
tion-Big Triumph for VIM
field and Justice.

PITTsBURG, Pa, Aug. IS. 1892 The ballot
box stufing case OF Jacob Moschell.
James Hart and Thomas Fallon, OF. Jer-
sey City, who are confined in the State
Prison of New Jersey, came up before
Judge Acheson In the United States Cir
cult Court yesterday. The proceedings
were on petition for writ of habeas
corpus asking for the release of the prison
ers.
ants are illegally restrained of their lib
erty. That the only cause for their de-
tention is by virtue of a sentence and
commitment of the Court of General
Quarter Sessions, held in Jersey City.
That on June 13, 1892, the petitioner (Fal-
lon), being under conviction and sentence
by said court, he filed his petition in the
Circuit Court of the United States, al
leging Illegal restraint. and asked for a
writ of habeas corpus, but said writ was
denied. On the same day said petitioner
tooK an appeal to the Supreme Court Of
the United States, which was allowed.
That on July notice of said appeal was
served On the Sheriff. That within one
hour after such service on the Sheriff. in
violation of the Constitution and laws of
the United States, he took SAID prisoners
from the jail and surrendered them to
the keeper of the State Prison.
PEsHALL's PLEA.
Charles J. Peshall, attorney for petit
tioners. claims that pending a decision on
the appeal to the United States Court the
Sheriff was in contempt of the Federal
Court il carrying out the sentence of the
Quarter Sessions Court and that the pris-
oners snould not have been committed to
prison until the disposition of the appeal.
and that such appeal acted as a super
sedea9.
The petitions were opposed by Prose-
cutor G. H Winfield. The defendants
were convicted of conspiracy. The true
bill was found on May 26. 1890, and the
defendants were sentenced to eighteen
months hard labor, end are now serving
their sentence.
WINFIELD'S FACTS
Prosecutor Winfield said the whole
scheme was merely to secure delay, and
this kind of thing had been going on tor
bound to carry out the sentence sus-
tained by all the courts of New Jersey.
He charged falsehood and mis-statements
in the records and claimed the petition
formerly presented for writ Of haSeas
corpus gave no right of appeal, as it was
fo1s r do 1xy fo 0I,c
the laws of the State. He claimed that if
further application for habeas corpus or
any other writ were made it should be TO
the Supreme Court of the United States,
where the case is now.
The argument occupied all the morn
warm at times.
Judge Acheson said:-"I cannot see
what this court has to do with the case.
IL is now in the Supreme Court of the
United States. Any disposition of the
case Of the defendants should come from
that court. would like to know what
the Sheriff would do with these men. He
could not let them GO free. am strongly
of the opinion that the writ should not
issue ltwas denied by Justice Green of
the United States Circuit Court, and that
should end it so far as 5his court is con-
cerned."
Mr.. Peshall said he wished to file a
brief, and the Court said:-
"All right; you can do SO if you wish"
HOW JAMES SMITH, DR., SEES IT.
''This is the peoples gear
81 am the people"
wherefore this is nlU gear"