The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-01-16
wLlPPINCOTT'S SHOT.
He Will Preside at the
Trials Of the Indicted
Race Track Men.
INDICTMENTS PRESENTED.
John ]. Madden Included in the
Batch-Captain Farrier
Not Mentioned.
INDICTMENTS PRESENTED

Just what THE JERSEY CIry NEWS said on
Saturday, that the Grand Jury would dc
yesterday, transpired. The members of this
august Reform body soon after three O'Clock
marched from their room to the Circuit
Court room, where they confronted Judge
| Lippincott. 1t was evident to all that the
Judge had anticipated the visit, and the law
suit being tried before him had been stopped
to make way for Sheriff Toffey and the
Grand Jurors.
Everyone in the court room seemed to I'M
derStand that something unusual was about
to happen, and that impression was a~scorrect
one. One of the most extraordinary things
did happen that has ever occurred in the old
stone Court House. Judge Lippincott re-
fused to let a number of indictments go the
General Sessions for trial, an order that per-
haps was never before given, except in cases
OF homicide where the statute provides that
these trials must be in the Oyer and Ter
miner. Judge Hudspeth did not like this
action of Judge Lippincott.
THE INDICTMENTS.
The indictments which Judge Lippincott
appeared to think very important were
| found in what is commonly known as the
Gutenberg case. They were against Dennis
Mclaughlin, John N. Crusius, John c.. Carr,
Frederick Walbaum,. proprietors of the
Gutenberg race track: James f. Caldwell,
starter; j. j. Burke, timekeeper, and Samuel
White, secretary of the Association; Super
intendent of Police Smith, John f.. Madden,
President of the Board of Street and Water
Commissioners; Justice and Alderman Nc
Cookery, Justice Youmans, Sergeant Gan
non, Detectives Clos and Clark, Patrolmen
Egan, Hunt, Barry, DAILY and Lowery and
Captain Kelly.
The race track men are accused of having
- -..-- =. 1000 --J
the police are charged with preventing con-
stables from executing warrants for the ar
rest of bookmakers who were I'M
lawfully plying their vocation at
the race track. None of the
indicted men appear to be much worried
over the action of the Grand Jury, and all
are ready to appear before Judge Lippincott
to give bail as soon as notified. There is not
the slightest apprehension that any of the
indicted men will attempt to leave the State,
and therefore capiases will probably not be
issued. Constab1es will inform the accused
that they are wanted by Judge Lippincott,
and this notice will be obeyed by them. The
during the present week. The two men who
feel most deeply the disgrace of being in
dicted are Superintendent Smith and Captain
Kelly, for a conviction in the court woul
warrant the Police Commissioners in remov-
ing both men on charges. The Tenure of
Omce AcC would NOT save Lnem.
La PLEAD FIGHT.
1t is said that Dennis Mclaughlin, John
N. Crusius, John c.. Carr, Frederick Wal
baum and John F. Madden will plead guilty
when arraigned, believing that, this being
the first %offense, they will get off with a
heavy fine and costs. The men about the
Court House, however, do not think SO.
They believe that the case will be contested
to the bitter end, and that every legal method
to prevent conviction will be used in every
Appellate Court in the State, if necessary.
1t was rumored yesterday that Allan L. Nc
Dermott had been engaged as the principal
counsel in the case, and that other lawyers
of known ability would also defend the ac-
cused men.
The evidence upon which the indictments
were found was obtained by Captain Jack
Graham and his assistants when they made a
raid on the Gutenberg track on January IS,
1892. 1t will be remembered that Graham
claimed then that Superintendent Smith and
other policemen of this city, attempted to
prevent him from executing warrants. This
story the police nave always denied and the
| exact truth will never be known until the
case is ventilated in court.
The action of Judge Lippincott in not
allowing the indictments to go to the GEN
eral Sessions has created a great deal of
comment, and belief is generally expressed
that Judge Lippincott will see that a proper
| trial of the indictments takes place. 1t is
more than likely that the trials will be be-
fore struck juries which the Prosecutor will
apply for as soon as the accused men are
| arraigned. There is a rumor that all the
cases will go over until the next term of
court, and then be tried before a petit jury
| to be drawn by Sheriff Toffey, but this
ru1nor is not generally credited.
D H~UDSPETH'S OPINION.
I asked Judge Hudspeth today what he
| thought of the action of Judge Lippincott in
keeping the indictments in the Oyer and
Terminer.
''Judge Dixon and Judge Magee pursued
the same course in similar cases." said Judge
Hudspeth. 81 have no opinion to express
concerning Judge Lippincott's action. 1t
was entirely within the province of the
Court to keep the indictments in the Oyer
and not to send them down to the Generrl
Sessions
'Were you consulted by Judge Lippin-
| cott?'
"No. I was not consulted, but this was not
necessary, for Judge L~ippincott had exclu-
sive jurisdiction in the case"
s'What do the Lay Judges think of the
matters %
81 AVE not heard them say
lEunTT A NTNoy r TIM r Aw