The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-18
PESHALLS LAST EFFORT.
His Brief For The Ballot Box Stuff
fers' Case Submitted to
Judge Green.

Lawyer Charles J. Peshall, Friday last,
submitted his brief to Judge Green of the
United States District Court on behalf of
the ballot box suffers, Thorn as Fallon,
James Hart and Jacob Mos chell. 1t fills
nineteen closely typewriter pages and
indicates that Mr.. Peshall had made an
exhaustive and laborious search for au-
thorlties to Substantiate his claim before
the Court. Mr.. PeShall said this
morning that he had not the slightest
doubt, but that Judge Cream would de-
eide in his favor and not strike from the
records the applications of the defend
ants for writ of habeas corpus.
The brief refers to the manner In which
the ballot box suffers were sent to State
Prison, and the application for the writ
of habeas corpus and sets forth:-"That
by Judgment and sentence of the Court
General Sessions) your petitioner has
been and is now under sentence of i'm
prisonment for the term of eighteen
of New Jersey"
HIS ARGUMENT.
sThere was no commitment alleged by
your petitioners. but that the detention
or restraint or confinement was caused
by the natural operations of this judg-
ment of conviction specifically set forth
in the petitions.
''We submit that said Judgment was n
restraint and detention of the liberty of
the petitioner, without any actual impris-
onment to entitle the petitioners to "a writ
of habeas corpus.
"Tbe capias and commitments to the
State Prison were in the hands of John
S. McPhillips. Sheriff, on Monday. June
81. and on Tuesday, June g. two days
before the petitions were executed"
The solvent features of the testimony
taken bV United States Commissioner
Rowe was here recited and then the brief
set forth:
'"The contention raised. as appears by
said order. by the Prosecutor of the Pleas:
''First:-That there was no actual i'm
prisonment.
'Secoud:-That there was no restraint,
that this Honorable Court had been i'm :
posed upon and deceived by the state
nents made in the petitions as to the
facts.
I'm reply we beg to show first:-That
at the time of making the petitions that
the Jail of Hudson county, New Jersey,
aud that they were locked up in said jail
and remained there until they were taken
TO the court room on the morning of
July l.
.s1hird:-Tha5 there was an arrange
ment between the Sheriff. McPhillips,
and the taller, Davis, that he (the jailer)
would get the men for him into the Jail. !"
"Fourth:-That the Sheriff had notified
the bondsmen TO deliver their men.
THE PRACTISE OF THE COURT.
"Fifth:-That it had been the prac-
t:ce when the Court was not in session
to surrender men to the jail.
"Sixth:-That the honorable Court
stated from the Bench that the men
should be taken to the Jail.
"Seventh:-That the petitioners were In
honor bound under and in compliance
with the judgment OF conviction to sur
render, aud that thev did SO.
''We again submit that the conviction
being final one. aud the capiases being
in the hands of the Sheriff, and in view
of the order of the court to take
them to State prison, was in itself
a sufficient restraint TO entitle them
to a writ of habeas corpus" Mr.. Peshall
recited a large number of decisions which
he claims prove his case SO far as the
points of law are concerned.