The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-01
DELAY FOR MRS. SHANN.
Also A Bill of fredericksburg
Abbetl's Decision.
s,,ec;o1 10 The JERSEY city ve.s,. /,

Trenton. June L. S93.-Another move
in the sham murder case was made yes
terday morning, as was briefly wired to
YOU. in Mercer Court: before Justice Abb
bett, and Judges Woodruff, Yard aud
Wright. Mr.. Barton, of counsel Tor the
defendant, moved for a bill of particulars
from the State, as to the specific charges
on which she is to be tried. He claimed
that the charge under which Mrs, Sham
was arrested. on complaint of the Coroner,
ayerred one thing, and the Indictment, on
which she was a%rraigned. was in such gem
eral terms that the defendant is unable to
prepare a proper defense. He had no
dorIbt the defense could establish q suhic-
lent defense were they given half a chance
TO make a fair showing of the defendants
case.
Mr.. Barton further said that the defense
had no desire to nave the State Eupon up
their case fully but only so much as might
indicate the particular and specific charges
the defendant would be called upon to
meet.
THE STATES POSITION.
Prosecutor Stockton, in reply, sad the
| granting of the application Is entirely IN
the discretion of the Coure, and 1t was Tor
it to determine. Court then took a recess
| until two O'Clock for conference. Upon re-
assembling Justice Albeit said that the
Courth had been unable to ind any precen-
ent for such a rule in murder cases. Inns,
however. seems to be a proper case Tor
such araie and the Court had decided 10
allow it in this particular case. 1T IS
| ordered by the Court that the Prosecutor
of the Pieas for Mercer county deliver to
the defendant, Matte C.. Sham. d to
| one of her said counsel, a particular state
ment or specification in writing OF the
charge made in the same Indictment
against her for murder, found at the May
term of this court, in order chat she may
be enabled fairly TO defend herself against
snch charge"
Mr.. Barton stated that the trial had been
set down for June IL, and asked II there
were any later day to which the trial
might be postponed.
The Court-''It can be set down for the
day after the Court of Errors
Mr.. Barton asked if it might be post
poned till that date.
NO PRECEDENT YET.
Justice Albeit then said that the Court
does not establish this rule as a precedent,
but in this particular case. in fairness to
| the defendant, it had been allowed
The opinion did not Tx the date on which
| the Prosecutor should tile the bill of par
| ticulars, and the Court stated that the de-
| tense would have as many days in which
| to accept or demur against the statement.
| The Court desired that all preliminary
| matters might be settled before the day of
| trial is reached, that it may be proceeded
| with without interruption.
The trial was then set down for Monday,
| the 10th of July.
Justice Albeit also said he would be In
! court on Tuesday next, to hear any objec-
| tions that might be raised to the state
ment.
Mr.. Barton also remarked that at the
80 ~ 49, 800 oxNn hn hod
| given her notice of his withdrawal from
| the case because of the brevity of the time
| allowed for preparation. She had SO earn
estly protested against his withdrawal that
he believed it to be his duty not to en-
barrass the case by withdrawing.