The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-09-25
SENTENCE DAY.
Mr.. McDermott Asks for a
New Trial for Free
holder Bindernag1e.
POOL ROOM MEN SENTENCED
Strong Appeals for Mercy-Judge
H~udspeth Fits the Punish
ment to the Crime.
POOL ROOM MEN SENTENCED

L. McDermott walked up to the Bar and
IN quiet said that he had a motion
to make in the case of Freebooter Philip
Bindernagie, who was convicted last
week Of keeping a gambling room at
Weehawken. The FreehoIder ives to be
sentenced yesterday. and in consequence
thereof a large lumber Of prominent peo-
pie were present in addition to the no.
bodies who always flock to the Court
House on sentence day. Then penalty for
the offense of maintaining a disorderly
house is Imprisonment and a fine, and
much speculation was rife as to Binder
nagIe's fate.
When, therefore, Mr.. McDermott be-
gan his argument the utmost silence pre-
vailed. He said that the evidence pro-
daced at the trial did not warrant a con-
yictfon. He also submitted an AFFIDAVIT
from Bindernagle's mother that she did
not understand the question that was
asked when she testified that her son ran
the place. She states in her affidavit that
she owns the place and that she leased
It to John Ely. Another reason advanced
by Mr.. McDerraott why a new trial should
be granted was that William Goldie, one
of the jurors, was one of Sheriff Tofey's
spies, who went around getting evidence
against pool rooms and saloonkeepers.
There was no evidence. concluded Mr..
MeDermott, after an exceedingly able re-
view of the case. of the Engemanns and
Justice Dixon's opinion on that case to
connect Mr. Bindernagle with the house
in which gambling was shown to have
been carried on one day only. The State
had not shown that Mr.. BindernagIe was
ever In the place or had anything to do
with it beyond the mistaken testimony
OF Mrs. Hoffman, counsel said, and for
these reasons he moved for a new trial.
Judge Hudspeth replied briefly that he
would consider the motion and would not
sentence Mr. Bindernagie until Thursday
next There Is 50 much sympathy with
the E~reeholder that in all probability only
a fine will be imposed.
John Lawrence, Patrick Tighe, James
]. Martin and Arthur Fitzpatrick. come
70 the bar" said the Court, when Mr..
Bindernagle's case was temporarily dis
posed OF, and in response the. four men
VINO were convicted of maintaining a dis
orderly house in Harrison stepped up
Thuram. the owner Of the house. by sons
extraordinary means was acquitted. The
men looked extremely wretched. and
Tighe, who is suffering from consump-
ton, had to remain seated while sentence
was being pronounced.
MI McDermott interposed on behalf of
Martin. and urged a powerful plea. for
mercy because martin was the eTlDlOve
only of a telegraph company, whose or
ders he was merely obeying in working
the instrument.
Ex-senator N. T, Barrett. Of Newark,
pleaded for mercy for the remainder.
They were out of work and obliged to do
something 10 support their families; but
IN spite Of the eloquent appeals the Court
was inexorable.
THE Court said Judge Hudspeth. ..has
inyeighed against this practice. Warn
ing after warning has been given to those
who indulge in It, and every opportunity
70 divorce themselves from it has been
afforded them, but they d~isregarded them
all. The people of this State and county
are irrevocably and implaeably opposed
to these practices, and / sit here simply
70 see that the dignity OF the law which
has been outraged shall be vindicated.
You -four men are simply the employees
OF PRINCIPALS too cowardly to come with
IN the arm of the Court. They offer gilt
tering attractions to you. and you accent
them with. full knowledge of the danger
and the risks you run, This pernicious
practice must stop and the Court is de-
termined to e%xtirpate it. The Court is sur
prised at your loyalty to the men behind
you, but II the Court followed its SYM
pathy for you the law would not be vim
dicated.
You, Martin, shall be confined in the
penitentiary for nine months and pay a
fine OF $3.50, and remain in prison until
the costs of this prosecution be PAID
A similar sentence was passed on Tighe.
Lawrence and Fitzpatrick. There were
tears in each prisoners eyes. but it was
eFlgent that they expected twelve months
at least. Messrs. MeDermott and Barrett
at once gave notice that they would ap-
ply Tor a writ Of error, and this stayed
the execution of the sentence. The pris-
oners were bailed in So, 900 each.
Henry FsatEerstone,r cried the Court.
addressing itself TO the less distinguished
Of the countys errtng children, and a
piekpocket with q record stepped up.
This Individual exhibited a style of head
and set Of features which might nave
afforded sufficient moral grounds for his
instant arrest at any time, even had
He looked the criminal that he was.
You come here with great regularity,
don't YOU" was the Courts greeting,
and the prisoner snuffled an inaudible re-
ply and twiried his battered hat on lis
forefnger. You a " been here several
times and in State prison a number of
times"
Il try to live honest, Judge: but de cop
pers are down on me. II there's anything
dey say it's me or me brudder. L
aim as bad as they say. Give us a chance.
ing to make an honest living" whined
Featherstone, trying vainly to squeeze
a tear out of his bloodshot eyes.
IN remand you and see what can be
Festherstone's eloquence. Exit Mr..
Featherstone on hearing this, with abroad
wink at the constable who marched him
Mr.. James gcGuinness. the drunken.
blaspiemous little tinker, who insulted
a young woman or the Hackensack
plank road, and turned her out of her
house. shuffled up to the bar when
he was called.
LET me see, you are the tinker, be-
gan the Court, and a broad smile and a
nod of the head were the response. You
lost your wife three years ago
"Oh. no, your honor, boo-oo-oo,. sobbed
the tinker, hold a part of a dirty rag
which had once been the lining of a ceat
to his eyes. Il lost my dear wife only
three weeks ago boo-oo-oo.v His grief
was so affecting that Judge Hudspeth
said he would only fine him IS and costs.
Couldn't you knock off the costs?,
said the sly tinker, dropping his rag and
ness.
The costs amount TO about $40.
"Oh, no." said the Court, catching on.
.eYou pay the costs and / win suspend
sentence and MeCSuinness walked OF,
scattering NEUTRALITY-SUSPICIOUS. with
great ~profuslon on Court, Jurors. con-
stables. anybody whom he passed.
A little b~ayeiegged boy who wore a pair
of raggy knickerbockers, through the
rents of which he exhibited a considerable
portion of a garment which ought to be
safe from public scrutiny. came
He had no hat and his
thick matted faxen hair had prob
ably never felt a comb in years. He
was Charlie Diilman. nine years old. ana
had been convicted Of stealing. Between
his sobs he told Judge Hndspefh that he
had ne mother and his stepmother didn't
care for him..
what's your fathers ~occupatlon9s
asked the Court.