The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-07
SUPREME COURT SESSION
Work Divided Among the Justices
Warner Case Called.
snecial % we Jerseu citu Ne,,rs

SDeCfQt 10 1RS OSfScU VII NStfS
IRE NToN, June Z. 1893. The June term
of the Supreme Court opened at the
State House yesterday. The attendance
of lawyers was large to a marked degree.
and the number and Importance OF the
cases which are down on the calendar
for trial will make it one of the most i'm
portant terms ever held When the
court was raped to order by the vener.
able Chief Justice Beasley, the chamber
was so crowded that scores of the lawyers
were compelled to stand.
Tn Chief Justice announced that after
this erm Edward S. Atwater and joseph
H. Gaskill would succeed Henry S. Harris
and James Buc Hanan as examiners or
asprants for att orney and counsellor
honors. The 9th er examiners ares
Thomas E. French, W. d. Holt. James
NJ. C. Morrow and Charles 9. Black.
Examinations for this term will be held
today and tomorrow in the Asse N bly,
Chamber at one O'Clock.
The Court was then divided for the
purpose of facilitating business, the Chief
Justice with Justices Dixon, Magee and
Garrison sitting as the principal court
for the calling of the list of causes.
Justices Depue, AbbetG and Llppincott
sat as branch court for the hearing OF
motions in the Chancery Chamber. while
Justice Van Syckle and the others sat for
the hearing Of argument.
WARNER CASE CALLED.
After the list of causes had been called
in the principal court, argument was had
on the application on writ of error for
a new trial for Wesley Warner W no is
under conviction for the murder of Lizzie
Peak.
Ex-Prosecutor Charles E. Hcndrickson
as counsel for Warner argued at some
length. His main points were that Judge
Garrison erred in his charge to the. jury
in several instances. Among these was
his refusal to make certain charges re-
ouested by the defense. Notably the
one that by virtue OF Warmers drinking
ne was not sufficiently responsible TO be
guilty of murder in the first dearee. 1t
was also argued that the judge erred
in not asking Warner II he had anything
to say why sentence should not be passed
upon him. The visit of the jury
to the scene of the murder was also
held to warrant new trial despite Ihe
waving by the defence of hat right. Mr..
Hendrickson contending that the defence
could not waive the constitutional rights
of the accused.
Prosecutor Eckard P Budd argued for
the prosecution and main tanned that JUS
Jice Garrison had charged fairly and i'm
partially, aud that the verdict hau been
rendered In accordance with the testi-
mony.
The Court rendered no decision.
In tAe bianch court, neld> by Justices
Dspue, Albeit and LiDpincott, the whole
day was taken up in the hearing of mo-
tions.
BRANCH COURT BUSINESS.
Just before the adjoufnment for the
CAY Hon. Cortlandt Parker, OF counsel
for the Republican County COMMITTEES OF
Essex county, presented two petitions for
writs of mandamus to set aside the last
redistricting of the State by Asse % bly,
districts. The writs are asked TO be di-
rec ed against the County Clerk OF Essex
county, and the City Clerk OF Newark
and the township Of Essex county.
The argument on the motions will take
place this morning. Mr.. Parker has as
sociated with him Thomas M. McArter,
John K Emery and X. Wayne Parker.
The opposing counsel are ex-Judge Stew
ems and G. W. Guild. The petition
quotes the following section from the
State Constitution
"Tne General Assembly shall be COM
posed OF members annually elected by
the legal voters of the counties resp ect-
lively. who shall be apportioned among
the said counties as nearly az may be
according to the number OF their 1n-
habitants. The present apportionment
shall continue until the next census OF
the United States shall have been taken,
and an apportionment of members of the
General Assembly shall be made by the
/ Legislature at its first session after the
next and every subsequent enumeration
shall have been taken; psoutdeus thal