New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-04
NEWS FROM NEW-JERSEY.
JERSEY CITY.
RAIIOr ROX SUFFERS OUT on BAIL.


BALLOT BOX SUFFERS OUT on BAIL.
Nathaniel Fowler and James H. Jordan, two OF the
ballot box suffers sentenced Friday to six months
,mprisonment at the pententiary. were released
Yesterday upon writ OF error after giving Dohos lor
SO. 500 each to appear when wanted iihS makes
four OF the gang who have so far avaed themselves
of the short respite the proceedings Gives before they
actually begin serving out their sentences. I'd
! Tuesday Senator II. 5. IIudspeth and Judge W. ID.
T,alv LAWYERS Tor the ballot box suffers, will apply
IN supreme Court Justice wcrts for rule to compel
Judge Lippncot TO show cause why ma'lua"ius
should not be issued to compel him To make u'e IN
dvidual OF the Judges OF the Geheri Sessions
on finding the sentences OF the ballot boA s'uners
record OF the court The lawyers say Judge kenney
did not agree to all OF the sentences ana Judge
Kenney himself said he only agreed to three OF them
He thought the others too severe. IL Is progressed by
Senator IIndspeti that Judge Holman had no right
n vote for the sentences at ALL because he was In
Europe when the were tried ~ tlc court
5,ds This view Of the case to true and grants the
| mandamus and the record when filed shows that
Indces LIppIncott and Kenney did not agree, habcas
cornus proceedings will be brought to have all OF the
nrsoners released II will be set up that Judge HON
mans vote was Illegal because OF his absence rom
eb trials and the majority vote OF the Judges which
tho law requires was not had In the findings
Tho Tribune published yesterday the fact that
charles Carr. william swcctingham and Lawrence
lCOStTan.
| Iyth District had prepared their afdavis 10 DO
nrcscnted to the court yesterday procamng the IN
OF Richard De Iuybcter, their sentenced con-
| soaerate This was done. Senator Hudspeth rcad
sueb a,dnvits In the Court OF General sessions yes
teriay They set forth that Carr, Swceungham ana
CosI,on were A., NJ guilty Of tho frauds IN the hghtn
Precinct and that De Huybciter had no knowledge
NJ them The anldavits were properly sworn TO %
Carr. Sweetlngham and Costisan and attached 70
them WIS one mnde by Do iuybcttcr. lie swore
that he pleaded non vult because he had boeh ad-
viscd IN do So for the frauds OF the Others wouio
convict him. although he was Innocent lie pi'iii
non vu. because he was told IL would save him
from going TO state Prison. lie made the plea by
advice OF his lawyer senator lludspeth said mat lie
knew OF his own knowledge that the AFFIDAVIT OF
Do Iuybctter true.
judge Ilppncott and his associates conferred, ana
then the Presiding Judge said: This Is OF class
OF applications that courts do not favor 1t appears
10 us TO be an experiment These afdavits could have
boon prescntcd before sentence imposed. Every
thing in those aidavlts told 10 the Court three
weeks ago and IL It had been desired there was
annie time to present the aihdavits 10 fhe court.
II looks too like experiment. ana the court
Will not reconsider the sentence -,,
senator Ifudspcth then asked the court 10 RECONSIDER
the sentence and let De Iludspcth retract his plea
OF non vult and stand trial Judge Llppcott Scrnly
Remarked No, the cOurt considers ms Dut hiother
exnerulent in cases. Evcry hing possible Tor
money and legal ability TO do Will he done for the
suffers to save them from their punishment