The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-09
PESHALL'S PERIL.
Evidence That the U. S.
Court Was TriCked in the
Ballot-Bo Appeal.
MISERABLE M'PHILLIPS.
He Covers Under Jailer Davis's
Clear Eye-Hanley's Queer
Story.

solemn manner. he was soon arCer Iol-
lowed bv Justice Davis and
dozen lesser politicians. They
were there in obedience to
subpenas issued by United States
Commissioner Rowe, who had been d.
rected by Judge Green Of the United
States District Court at Trenton
to take testimony to ascertain if
Mr.. Peshall and the ballot box
suffers. Jacob Moschell, John Hart and
Thomas Fa'lon, had perpetra ed fraud
on the court when Mr.. Peshall applied for
writ of habeas corpus on behalf of the
ballot box suffers.
AS THE News published yesterday, Dis
trict Attorney Winfield mad asked Judge
Green not to allow the appeal to the
United States Supreme Court
asked for for by Mr.. PeshalI, alleging
that this Court had been deceived. and
that the three men were not prisoners in
they were when they made
the affidavits to the petition
for hapeas corpus. Judge Green,
appreciating the grave charge made by
the Prosecutor, directed that testimony
be taken to prove or disprove the charge.
SECkEI
When Commissioner Rowe. entered
the judges private chambers he
was followed by Judge Lippincott,
Prosecutor Winfield, Assistant Prose-
cutor Noonan, Justice Davis, Charles j.
Peshall, clerk in the Tax Commission
ers Office named Fish, Henry Hanly, a
keeper IN the Jail; Stenographer
Of reporters. Commissioner Rowe
observing the latter asked them 10 re-
tire for the examination would be pri-
vate. He insisted that the pub
lie should not have the proceed
ings until they were first sub
mitted to Judge Green and the reporters
complied with his request.
THE NEWS, however, got the proceed
ings and here they are.
MATERIAL POINTS.
Clerk Fish was the first witness. He
simply testified that he had been re-
quested to visit the Jail and take the affi-
davits of Morchell. Hart and Fallon, and
he had done so.
MISERABLE M'PHILLIPs.
Sheriff John Whiskers McPhiilips, who
had in his usual manner timidly skunk
into the room was the next witness.
He testified that he had received
no official information that the ballot box
suffers were prisoners in the County
Jail at the time tGe affidavits were made
flashing orbs of Justice Davis and shak-
ing as with an ague. he continued his
story, saying that he got the prisoners
from the Jail when he needed them
Feeling that this answer had pleased
the Little Judge" Whiskers McPhil-
lips agar, timidly glanced at him. The
ex-Sheriff's face was immovable and Nc
Phillips's eyes sought the floor again. He
said that Judge Lippincott had announced
in open court that prisoners could be sur
rendered in the Jail. but that such sur
render did not remove responsibility
FROM bondsmen.
EVIDENCE FROM THE JAIL
Justice Davis corroborated the last part
of Sheriff McPhillip's evidence, aud then
Henry Hauly was asked to testify.
Hanly swore that on the day in
question, when Peshall was
in Trenton making his appli-
cation for habsas corpus, Judge
Lippincott had visited the Jail and had
asked him if any of the ballot box
suffers were in the Jail. Hanly
swore he replied, II don't know; there are
none on the jail register" and that he
looked at the book and found none of
them registered. He added that it
was the custom in the Jail not
to register prisoner who had been sur
rendered until his bond was cancelled in
open court and the prisoner returned
from the Court Under cross-examination
by the Prosecutor, Hanly was asked:-
"Then Fahon. Hart and Moschall were
in the jail when Judge Lippincott asked
you about them?"
Eyes, sir.o
'"rhen why did you lie to Judge Lip
pineott"
because I was directed by Jailer
Davis not to let anyone know that the
men were in the Jail"
JUDGE LIPPINcoTT TEsTIFIEs.
Judge Lippincott testified that Hanly
had told him positively that the men
had been requested by telegram
to ascertain if the men were there,
and hat was the reason he made the
inquiry This concluded the examina-
ton for the day, It will be resumed at
Trenton Wednesday, when the evidence
of Moschell. Fallon and Hart will be
given.
THAT FAKE APPLICATION.
The hearing on disqualification of Judge
William D. DAILY for writ of habeas cor
pus In the cases of the ballot hoX suffers
serving their sentences at Snake Hill.
was heard today before Judgs Werts.
The application wa, made last Saturday
and Judge Werts set down
argument. Judge DAILY was assisted
this morning by Senator Hudspeth and
Counsellor Norman L. Rowe, and al
though District Attorney Winfield care
fully watched the proceedings he made
no remarks, being confident of the result
of the application. The application for
the writ of habeas corpus was made on
behalf of John I. Walsh. but the result
of the legal proceedings covers the cases
of all the other ballot box suffers in the
Penitentiary.
While the hearing was taking place,
Justice Davis, Charles j. Peshall, ex-
Director Pairson and others paid close at
tentIon to what was transpiring. When
Judge Wefts announced that he was
ready to proceed. Judge Lippincott took
seat beside him.
SENATOR HUDSPETH'S PLEA. =
Senator Hudspeth fired the first shot,.
He said John L. Walsh was in the Gus
tody of Warden Grimes of the Peuieen-
tiary. having been committed TO the Jail
at the County Farm of the State, T" The
Senator claimed that Walsh was illegally
|. restrained of his liberty because of the
incorrectness of The commitcment.
"We have here the Judgment of the
Presiding Judge of the Court Of Quarter
Sessions, continued Senator Hudspeth,
"Jhat. John #. Walsh WAS senIencedeto
the County Farm of this State for term
of nine months. If the Court please, we
insist and contend that there Is no such
place or Institution as the County Farm
OF this State, and that the Warden of the
Penirentiary is OBTAINING Walsh illegally.
We further contend that the commitment
does not comply with the law of 1888,
because the commitment is indefi-
mite as to the term. He was