The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-05-27
Prosecutor Winfield and
Judge Potts Have a Tilt
Over the Bail Law.
DENOUNCEs THE COURTS ACTION
Judge Hudspeth Says He Has
Obeyed the Conditions Of the
Law as He Found Them.

fund to Daniel Tierney the forfeited
recognizance of John Murray, pickpocket
severely criticized Judges Hudspeth and
Kenny for granting a former order and
attacked in the most scathing terms
the Potts supplement to the forfeited
recognixance law. which makes It pos
ssble to recover the amount of bond
after it has been paid over for two years
or under. Justice Potts was present to
defend the interests of Tierney and to
answer Mr. Winfeld's attacks on the
new law John Murray was arrested for
picking pockets in the fall of 1892. He
was indicted and bailed in the sum of
$500 by Michael Tierney. In the spring
of 1898. when his case was called for trial,
he did not appear and his recognlzanee
was forfeited. Last summer the only
witness against him died. The Potts
amendment, changing the time allowed
FOR the return of forfetted bail from one
year to two years, was passed this
spring The day after it was passed
Murray returned and surrendered HIM
self. This he could do with safety, as
there was no case against him. Tierney
Immediately applied to the court for an
order for the return of the forfeited bail.
Judges Hudspeth and Kenny signed
such an order and Justice Potts col
lected the money from Collector Dugan.
Prosecutor Winfield contended that the
Judges had no authority to sign the
order and so it was agreed to argue the
matter before the Court of General Ses-
sions. A special arrangement was made
by which Court sat Saturday morning.
Justice Potts opened by stating the facts
4 of the case. He had collected the $500,
less the ave per cent. pad the Sheriff for
collection. He had given notice to the
Prosecutor that he would appear before
the court and ask it to fix the amount
to be paid back to his client He recited
the provisions of the law and said
There is nothing compulsory about 1t.
1t leaves the matter entirely to the dis
erection of your Honors. Nothing in the
passage of the law was underhand; it was
would ask your Honors, to fix the
amount to be returned to Mr. Tierney.
Murray is now n jail - a ,,o1,,
Prosecutor Winfield wanted to know
Hudspeth or the Court Of General ses-
fectly competent to decide the matter
be was not the court. Judge Hudspeth
said he could set his mind at rest on that
point; the matter was being argued be
Them sad Mr.. Winfield ''as the
county. is deeply interested at should be
can take action to protect its rights. |
don't suppose it was ever intended by the
Legislature that this should De an eN-
parte proceeding.
ssThe county is represented by the
Prosecutor said Judge Hudspeth.
don't Ion the ae taf sad GS2ntX r MneIa
$50 that the thing may not be seandalous
in the eyes of the community l want to
.srhere is no scandal about it, Mr.. Win
field." said Judge Hudspeth forcibly.
1.-THE Court will have to assume the re-
sponsibility of scandal If 1t uses It's dis
Mr. Winfield reviewed the circum-
stances of the case from the time Muir.
the act was passed for this particular
case and with intent to defraud the
county He then switched off on another
tack and claimed that the order secured
by Justice Potts was no order at all.
.I have searched the minutes OF the
court in vain, he sad, 1T for any any cyl +Sa
COURT Judge Hudspeth assured. him
that it had been before the court and
that he and Judge Kenny had signed the
over with the Assistant Prosecutor.
.sThe minutes Of the court" responded
Prosecutor Winfield, shaking his II finger
marks, ''are above anything Judge can
say. The minutes of the court are the
only SOURCE to which h ,d can 20 fof or eSl tSs
here for the decency of the administra
ticn OF jssese ne ofae E shHe 9y void oMp
They are not given authority TO sign
such an order eyer BY syyrH, the Statgfe m3A,p NV
This act on the face of it is a mani
fest attempt to take the vested rights
of the county; to appropriate public
money n % was paid to the County Collector
it became the property OF the county as
taxes would. The source it came from
be taken from the county treasury by
the court or court judges. without the
consent of the Board Of F'reeholderss
Fresehoiders ,s is indictable for appropriat-
ing money from the. treasury not pro-
vided for by law. There has been no
appropriation for this purpose. If this
thing is kept up what is to prevent the
treasury of the county from becoming
bankrupt.
what a dangerous door it opens. It
leaves the State at the mercy of +, frauds
that may be perpertrated Under IN tnis MS act act
rupted and the Prosecutor is bound hang
and foot. a guilty man, who has fled
from n1y aysse seamd the retrn Of his us
n forfeited recognizance. It would be
safer for the court to refuse pail than 70
run changes. sa ! osasr consend that tne court
order made by the judges is absolutely
void, I1e cOufl SHOulo iot iiCSieette
long in this matter. The Legislature Of
New Jersey has no power to order pub.
lie property to individuals. The. court
ought to go slow and not open this dan
gerous door to the County Treasury"
IAN ABSOLUTE LIE. SIR.
Justice Potts said:-"in answer to my
friend who / think has tried to mislead
fhe court. I would say that the new law
IS word for word the same as. that
which has been on the statute books for
years, except that it provides that the
bail be returnable in two years instead
Of one. MY friend speaks disrespect..
is Stealing public property. The. course
pursued by Mr.. Tierney was advised by
fhe Prosecutor He asked Mr.. Winfield
what he should do to get his money back
and he advised him to go to the Legisla-
ture and get an act passed:
Mr.. Winfield jumped to his feet, grew
red in the face, shook his bushy head to
emphasize his words and pointed his
finger dramatically. at Mr.. Potts as he
ut is an absolute lie, lie. your
Mr Potts continued after the inter
ruption and stated that all the papers
in the case were on file with the County
Clerk, where they could be seen at any
time by the Prosecutor The file acted
| as a record in court would.
"He (pointing to Mr.. WinfielO has
raised a question as to the constitution
ality of the law he continued TT is
a pity he could not sit beside the law
makers to
"Let me alone, interrupted Mr.. Win,
ssThis Court is not competent to judge
a . AZ the cf1n at ify tim alit ., said Judge