New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-16
THEY MUST GO TO PRISON.
THREE OF GUTTENBURG's BIG FOUR
SENTENCED.
YEAR IN THE PENITENTIARY WITH HARD
LABOR. AND A FINE OF $500 IMPOSED
TRIUMPH OF Law OVER THE
NEw-JERSEY DISGRACE.


Law and orde: achieved another triumph In Jer-
sey City yesterday when three Of the Guttenburg
big Four" were sentenced by Judge Dixon to
one years imprisonment in the pententiary. with
hard labor and To pay fine oe $500 The big
Four County Clerk Dennis Mclaughlin.
John c. Carr Gottieb Walbaum and John \.
Crusius The public was long familiar with the
practices Of these men and the manner in when
they ran their racetrack at Guttenburg Inc
county courts at various times called attention
to the matter but no grand jury would indict
them
Then the Law and order Society took the mat
ter I'm hand. and after a series Of what were
really hand-to-hand conflicts, in which the Off
GERS were brutal.y assaulted. they collected evil
dence enough 10 insure conviction. That was in
1891 but grand iures still refused to ind.ct. and
II was not until 1899. after Sheriff Toney had
been elected that an Indictment was secured.
Then It was 50 late that forty-eight hours would
have given the accused men the benefit Of the
statute of limitations. II was still time. though
as yesterdays result proved.
When the accused men were arraigned In
1893 they pleaded not guilty. and by various de-
vices contrved to delay trial until May. 1894.
when they could no longer bar the way OF JUS
'icc by technlcalics they rctracted their original
peas ana entered pleas Of guilty. After that be-
gan another series Of delays. Judges Lippin-
colt and Hoffman held that the old statute came
into force when the new law was repealed ana
they could be both fined and imprisoned. Judges
Hadspeth and Kenny sided with counsel for the
defendants ana insisted that only fine should
be imposed.
The Bcncn being evenly divided. the matters at
issue were referred 10 the supreme Court for set
tlement The Branch Supreme Court assembled
NJ Jersey city yesterday sitting in the County
Courthouse t. announce its decision. The court
room was dcnsely crowded. The friends OF the
defendants were there In large numbers. ana
there was also A considerable delegation II the
Law and order Society
Judge Dixon said. This Court has met here
today for the purpose Of disposlng Of the matter
Of the STATE versus Crusius and others. Are the
defendants IN court?'
Allan L. McDermott. counsel for the accused
mon. arose and said. May 1t please the Court.
the defendants will be here in a few moments
That is. all but Gottlieb Walbaum. tIe was called
f. Genoa. ITALY, by the Illness Of his wife.
have cahel 10 him 10 return at once. and he has
scnt me wo-I that he Will sail on February 2l
As Mr McDermott sat down the Defendants en-
tered and passed down IN" side aisle 10 a posi-
tlon before the Bench. Judge Dixon then real
,ac opinion re..tng the facts rs already set iortn
and stnteg that the conclusion reien"d oy the
Supreme Court was that the repeal Of m" law
hy which they sought 10 eXtcnuaie their acts
made them iIA5lc under the old statute. lie then
reviewed The various laws ~ length
After he had finished Judge Magic spoke briefly
81 concur IN The opinion expressed by JUICE
Dixon" n. said. "ani desire TO aii that IN my
.pin.on the defendants have broken b3;h the
s.atui.r, AMI the clmmon Law"
JlIgc DlN thon said.
When $50 consider tne natur" u your o'en'r, It tS
rroItahienc.s to yorrs'l'rs. tt cor "i'ls lHI",i
No.. upon y0Ir many victims. th' persistent ara
defiant spirit n "hi,e yon oFiri IL scn,, o To- s
i,runinry p.ual; within l'sal limits S''"' !" Wy
,n. state to some extent invited your conduct. bu,
,h.t I'M my opinion is not enough ana Wr!'E
Lro-rI such prar,i,,s az yours could not s.'itc
legislation which ~ou1 l"stze it i'ut M UNI i ,
Court of Errors Substantially adJulSel husn ',l-
durt criminal !n February lS-; ~" 9slr'la, l,ll.
- - a'"t ',,.y r.rh ..nphasiz.d as they were
hy an uprising public sentiment you 'Dnthurt @
y,',k 70 nnnish YOU II We now pronounced SEN
fcucr that dil % punish. your prcsunit on Wo"IH
b. Justified. The sentence Of the court - max yvi
Gr,'i,,s nav earh Of YOU nnc ~ So ana be- inn
pr sonci al hard labor FOR H., period OF one ye4r
Tho Defendants are now In th" custody oi the
Sheriff
Mr McDermott moved for writ Of error ana
stay Il Judgment. This. after a brief c'nsuI'h-
zion in chambers Was granted but Jtdh' IlN"h
explained that 70 youlG only fold uatiI the risihS
~ the neyt term 4 the court of Errors ana
Appeals. March T. Then Application i'r con,
tnunncc may be made. The ban was nNrd
al 5000 The bondsmen are Hugo 'uSdh
county Collector. for McLarSh'a. J'nn hefe-
sey FOR carr and John St.n"'k for Crns US
When Walbnum returns he VIII b" sth'ehced
and renew hls bail.
Already steps have been taken 10 induce the
Court ~ Parions to act IN tn" case As thr ~"
stands in U-Jersey, this can De d"i'' q, "tn'
Court see NJ To- act. county clerk Mcl-huSHnn
wili be- County Clerk until April !, when ne VIII
hc succeeded by John q. i'shrI. 'he S''vi'u ~
,,,t,li,,n Clcrk Hudson County has ever mad.
COMMENTS or y TURFMAN
RISE AND DOWNFALL. oF THE MEN WHO HAVE