New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-10
THE BALLOT-BOX STCFFERS.
HEARING BEFORE COMMISSIONER ROWE.
IT WAS TO FIND OUT IF MoscHFLL, HART AMI
p,,Joy wERE1N JAIL WHEN APPLICATION
WAS MAZE FOR WRIT OF

i
rALLoS wERErN JAIL WHEN APPLICATION
WAS MADE FOR WRIT OF
nABEAs CORPUS.
IN obedience n the o,,iers NJ Judge Green, ri
Trcnton United states Commissioner Rowe tooh
testimony at the Court Iiosc In Jersey CITY yee"r
coy 10 ascertain II the bolothor stnhcrs. jacob
Moschel. John Hart and Thomas Fa!on were III INV
County jail Mt the time application WIS mnoe on the'i
lehalf by Charles J. rcshall for writ OF nao'''
corpus. on Friday District Attorney Wni"N had
nskcJ Judge Green no, - allow the appeal 10 thc
United States Supreme Court asked for by Mr. Peshh'
alleging that This court had been deceived. and Tint
the three men were not prisoners In the County Jol
ms they swore they when they made the anavts
10 the petition for bnbeaS corpus
When commissioner Rowe brgnn the Investigation
Yesterday there were present Jcdge Lpp'nco| Hos
rcutor Winfield. Assistant Prosecutor Noonan Robert
Davis tho Taller: Mr. Pcsal Notary Public fl'h ana
Henry Ianly Aeepcr IN the jn Notary Public
Fish testified that he had taken the a'dav'tS Of
Moschell, Hart and Fallon, and that they wcrH con
fined in The Jail at the time.
Sheriff John j. McphillipS was the next witness
lie testified that no had received no official Information
that the men were In the Jail at the tim" the adavis
were made lie had told the iaer. Davis to get The
prisoners II ho could. While they were IN jail ne
lucPbiIps, got them and took them into court. lie
~
men could 10 SURRENDERED in the jail, but that this
would not relieve their bondSmen
Davis corroboratei the shcrifS evidence. and then
Uanly. n keeper testified. lie sworc than on the
day in quce,i9g. when R'vlIsl was IN T;cnton mailing
his application for the haheas corpus writ. Judge
ippncoi had N the jail and hhi asked him II
any % the ballot box Anrcrs confined there
Ito had replied Il don't know; there are none on
tho TAIL register and had looked at the book ana
had found none Of the names there. lie addei thai
il was custom at the jail not u register prisoner
who had been surrendered until his bond was cancelled
In open court.
The Prosccutor asked:
"Thcu Fallon. Hart and Moschci were In iai, when
Judge Lipplncott asked you about themi'
ayes. sir.'
"Thcn, why did you lie 10 Judge Lippncoa''
"Bccause was directed by JaiIor Lr,v, not 70 lei
any one know that the vere IN jail
Judge Lippincott testified that he had been requested
by n dispatch find ont II The mon were IN jail, ard
when inny told him they not nc had Re" gTph"i
to judge Gf'scn 10 that effect and Mr. ieshiPs ap
pncatiOn had been denied.
This concluded the examination herr. ON "@lncs
day II win b. resumed NJ Trenton when Hart, faiioi
and Noschcll will be questioned ,r,,,.
The hearing Of NC application Of e1 Jldgs william
boxes suffers, serving their sentence at onnhc
Iilll took place before Judge Wcrts yesterday, The
Application vas made on behalf u James T. walsh.
bit the result will apply TO the o,hcr men In the
pcntentiary. The writ was asked TOR the ground
That Walsh had been committed 70 the jan =, NE
rcstrninc OF his liberty because OF the noo1rctnrss
Of the commitment. Counsel contcndcd that there
was no such place the County Farm Of the state
and that the Warden Of the !oIii"niary was IL
legally dcialning Walsh. .
Aer Sn the . ara Isn H sp e@n1 Io 1 @
isiacton OF the Court that walsh Was confined for a
criminal orcnse and that the Court would not dis,
commitment corrected II found 70 bc incorreri