The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-14
GLOOMY OUTLOOK.
Court of Errors Confirms
the Sentence in the
Gutenberg Big
Four Case.
WILL APPEAL STILL HIGHER
Allan McDermott Says the Decision
Won't Stand-New Members
Sworn in Yesterday.
special to the Jcrseg Citu Meas.

TRENTON. May Il, 1S95.-The Court
of Errors and Appeals, at a conference
held in the State House, yesterday,
unanimously affirmed the sentence u
one wears Imprisonment and Sl,Vo hne
Imposed by Supreme Court Justlces
Dixon, Magic and Lippincott on the Gut-
tenberg big Four''-Dennis McLaush-
lin. John C. Carr, Gottfried Waipauln
and Jacob Crusius. The "Big Four VIII
now have to undergo their sentence III
less saved by the Board of Pardons-
The .Big Four were the owners OF the
Gutenberg race track. They were arrest
ed on q charge of keeping a olsorueiiy
house under the law existing at the Tune
the offense was committed. line keepins
of the disorderly house consisted OF opel-
ating the race track and permitting Del
ting TJnon advice of their counsel, Al
Ian Mcnermott. they pleaded guilty upon
the theory that the punishment would De
mammal The Judges of the Hudson court
were unable to agree upon the sentence
standing two for imprisonment and w
for the imposition of a fine. The case was
them certified to the Supreme Court to I'M
nose a sentence. While the matter was
before the Supreme Court, Counsellor Al
lam McDermott moved for an arrest OF
Underwent. and argued that the court nad
no right to impose a sentence,
standing the plea of guilty, because the
law which they were accused OF vlola1ihs
had been repealed previous to their pleau-
ing guilty. The justices above named oe-
cided against the point of law raised py
counsel and imposed the sentence as
eboye stated.
NEW MEMBERS.
Refore the court went into conference,
two new member were sworn IN: Geo r.
Smith, of Jersey City, son,in-law OF Eo1
ward F. e; Young n1ass Of to 6he iii f1 the Vacancy Vacancy
oceasioned by the death of Abram e
Smith. and Albert A. Talman, of Sweed,
sse place Of Ex-Governor Robert S.
Talman is a Democrat and was appoint
I'd on Friday last, although his appoint
ment was not generally known u1tll VS.
farday morning, when he appeared at the
State House, applied for MS commission
Thh position of Vice Chancellor, held
s sHeai1-1 ~
Indicted In 1893.
The four defendants, Dennis McLaugh-
lin. John C. Carr, Gottfried Walbaum
and John NJ. Crusius. were indicted IN
December, 1893, by the Hudson County
Grand Jury for keeping a disorderly
house in permitting bookmaking ON the
Gutenberg race track. The Indictment
vas found just in time to prevent the
6ffeuse being outlawed. Strong EFFORTS
had been made to shelve the matter,
but the Reform Grand jury Went INTO
the matter and indictments followed.
The news that the Court of Errors
and Appeals had affirmed the SENTENCES ICES
may among the friends of ex-County
Clerk Dennis Mclaughlin MS as
ociates Walbaum, Crusius Carr.
The general impression was that they
would promptly be arrested and AXE
to the Snake Hill Penitentiary to oegln
their sentence of one year each. It was
ex-Judge Allan l.. McDermott, that the
sentence would not be carried into effect
until the decision h1d been filed
sentenced Mclaughlin and his colleagues
adjourned until May Is, and it is said
thai until they convene, the matter viii
have to lie dormant. MI;
United States Supreme Court on a writ
"a person cannot be sentenced under
a law that has been repealed" said Mr..
McDermott last night. That was prac-
tically the case so far as the sentence
of my clients is concerned. 1t involves
a constitutional technicality and pre-
cedent to that effect has been decided
in several cases in New York. I intend
to prepare my appeal Immediately. and
have no fears for the outcome of the
case. Nothing can be done toward en-
Supreme Court Until the decision of the
Court of Errors and Appeals has been
filed"
Mr.. Mclaughlin was seen at his home
on Eighth street last night; but refused
hands of nv counsel" he said.